Loading...
2022 09 22 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 22, 2022 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 22, 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 Council Member Charles Johnson Mayor Pro Tern Heather Betancourth Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Rick Davis City Manager Scott Lemond City Attorney Angela Jackson City Clerk John Stringer Sergeant at Arms Mayor Capetillo convened the September 22, 2022, City Council Regular Meeting with a quorum present at 6:32 P.M., and with all members present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Mayor Pro Tern Johnson. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on August 25, 2022. b. Consider approving the minutes of the City Council Budget Work Session held on August 18, 2022. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Heather Betancourth to approve the minutes of Items l.a. and l.b., as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes September 22,2022 Page 2 of 19 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 September. 10 YEAR Demica Raymond, Accounting/Finance, Accountant I 15 YEAR Adan Espinoza, Public Works, Mechanic I 20 YEAR Juan Navarro, Police, Patrol Officer 25 YEAR Steve Ocanas, Police, Police Corporal Shawn Latta, Police, Police Corporal Rene Hinojosa, Police, Police Lieutenant Ronald Ellis, Police, Patrol Officer Robert Parker, Police, Police Corporal b. Recognition of Assistant City Manager Kevin Troller. Mayor Capetillo noted that a citizen, Mr. David Isaac, had signed up to speak regarding this item and asked him to come forward to present his comments. Mr. Isaac spoke favorably of Assistant City Manager Kevin Troller and relayed he had been an asset to their community. When Mr. Isaac hosted a Christmas on Texas Avenue event, Mr. Troller had been there and spoke to the public during the pandemic.He additionally recognized Mr.Troller for working diligently on the police issue last year and for his work with the Baytown Police Advisory Committee(BPAC).To end his comments,Mr. Isaac thanked Mr. Troller for his service. City Manager Rick Davis, likewise,wished to recognized Mr. Troller on the eve of his retirement. Mr. Davis relayed Mr. Troller was hard-working, cared deeply about the community, and loved Baytown. While his trophy was underway, Mr. Davis presented a certificate to Mr. Troller that expressed the City's gratitude for his service and wished him well. Mr.Troller then took a moment to give a few words. First, he thanked his wife, Mary Troller, and his many colleagues he had worked with over the years. Mr. Troller profusely expressed his pride for all City employees and the work that they do. Lastly, he expressed his appreciation to all citizens and those present at the Council Meeting that night. Council Member Presley wished him much success on his retirement, and Mayor Capetillo reminisced on Mr.Troller's exceptional job during Hurricane Ike.The Mayor thanked him for his service throughout the years and wished him the best on his next chapter. 3. APPEALS City Council Regular Meeting Minutes September 22,2022 Page 3 of 19 a. Consider an appeal to the City Council for the denial of two Open Air Vendor permit applications for "Texas Rock Chip" and "In and Out Rock Chip" at the property located at 6430 Garth Road. Mayor Capetillo stated there was a correction on the company names, and proceeded to swear in Mr. Larry Young, Ms. Michelle Eddington, and Health Director Tony Gray. All three individuals swore, or affirmed, that the testimony they would provide was the truth under penalty of perjury. Mr. Young provided documents to City Clerk Angela Jackson to be distributed to Council. As for staff, Mr. Gray had no further evidence to present other than his testimony. With that, Mayor Capetillo relayed each party may present their evidence, questions, and witnesses beginning with Mr. Young. After which, he would be followed by Mr. Gray. Mr. Young requested an exception,or variant,to the city code as it related to the Open Air Vendor permit issued by the City's Health Department. His business had the permit for July at the H-E-B location on Garth Road. As it was a thirty-day permit, they applied again for August. When September came along, Mr.Young noted that after two permits were issued to a vendor,they could not receive a third. The landlord, H-E-B, was also not allowed to have more than two permit holders for sixty days during their calendar year. Upon receiving their denial, they scheduled a meeting with Mr. Gray and his department to present why they would be a benefit to the City. Mr. Young relayed a few of those points and reiterated his request for Council to consider extending that permit. Mr. Gray confirmed he did meet with Mr. Young over his request for a variance and told him the ordinance did not have a provision for a variance, but it did have a provision for an appeal, if denied. He further confirmed Mr.Young had received two permits for July and August. As per the history of the ordinance, it had been in place since 2004 due to the concern of open air vendors popping up on Garth Road marketing miscellaneous novelty items. The ordinance also limited, as previously mentioned,property owners to have only two open air vendors on their property within a twelve-month period. Mr. Gray stated that the timeframe applied to the vendor as well. Vendors selling goods or services were limited to do that two times in a twelve-month period. Therefore, the permit was denied and that property was not eligible for another permit until July of next year. Regarding limiting property owners to two vendors, Council Member Presley questioned if that applied to any property regardless of size. Mr. Gray confirmed so as the ordinance did not distinguish between the size of the property. However, it was only approved for General Commercial (GC) and not allowed in residential areas. Council Member Alvarado read that Mr. Young had a year-round business,so she asked if he had considered a brick-and-mortar.He replied he had,but they designed their business structure for drive-through convenience. Council Member Alvarado noted there was an oil changing business that operated in the same way he described from a brick-and-mortar. Mr. Young voiced his doubts on that concept working for his business. As the ordinance was not set up with a variance,Council Member Alvarado wondered if Council's decision would have an impact. Mayor Capetillo confirmed there would be implications. For his closing comments, Mr. Young expanded on the comment regarding Council setting a precedent. He noted there were laws that protected companies like his in comparison to someone selling cats and dogs, for example. In fact, many smaller towns, like Nacogdoches and Tomball, Texas,had exemptions for companies that worked with interstate business.Thus,he did not believe City Council Regular Meeting Minutes September 22,2022 Page 4 of 19 granting an exemption for them would harm Council's concerns about the people selling those type of goods. Mr. Young noted there were cases with the Attorney General that would support his statements. Mr. Gray's closing comment was reiterating that the ordinance, as written, was why the permits were denied. The Mayor agreed on that note, and Council's decision would have implications. Lastly, Mr. Gray relayed there was brick-and-mortar establishments at the location. The ordinance's intention was to inspire for those establishments to limit their number of vendors. With that, Mayor Capetillo opened the floor to Council's deliberation and informed they must make a decision by October 2"d. Council Member Presley believed the intent of the ordinance was for more transient businesses that sold garage sale items. He did not see Mr. Young's business as the intent of that ordinance given they were operating and had a contract with H-E-B. Also, the two times in twelve months limitation seemed overly restrictive to him. He understood the ordinance was to inspire brick-and-mortar, but he noted Council recently loosened regulations for food trucks. He could not distinguish how that commanded exceptions when others did not. Nevertheless, he understood the denial and was not against it as it was based on the language. However, he believed the ordinance could be reworked to where it was not overly restrictive. Council Member Betancourth believed staff made the right decision to deny based on language. However, she agreed the ordinance could be revisited as they were a different elected body. She could also see the argument of Mr. Young as he had a legitimate business and different from the pop-up vendors the ordinance meant to prevent. Regardless of that fact, she did not believe it was the appropriate meeting to debate a new policy. The item was only for the appeal where Council would vote yes or no. Thus, staff made the right decision based on policy. Although, she was in favor of a variance for an additional thirty days to allow Council the chance to debate a new policy. Council Member Alvarado,likewise,agreed the language was why it was appealed. She wondered whether it was required of Council to act by the word of the code as there was no variance. While she liked Council Member Betancourth's idea, she questioned whether Council had that latitude. City Attorney Scott Lemond replied the item was worded limiting them to the appeal itself; therefore, Council did not have that latitude at the current meeting. He offered an item could be placed on a future agenda to which Council Member Alvarado stated she would appreciate that. Council Member Lester shared he worked with the City when the code passed. Council, at that time, was adamant to restrict both vendors and property owners because the issue was all over town. While there were a few vendors that popped up on weekends, he acknowledged the ordinance did have an impact and cleaned up the City. He agreed the eighteen-year old ordinance probably needed to be reviewed, but the right decision was made per the code with no variance capability. Therefore, Council could not give a variance and had to rule whether the denial was wrong or correct.After,Council could come back and fix the code if they wanted.Council Member Lester cautioned with pulling the code,however, if they wanted to see"tent city" come back. Mayor Capetillo conveyed the consensus of Council agreed with the decision made by staff. Although, they were interested in reviewing and pursuing changes to allow legitimate businesses to operate.He acknowledged the concern of"tent cities"and stated they needed to make sure there were no proliferations of such things. To Council Member Alvarado's point, Mayor Capetillo relayed Council must also value business owners that invest in brick-and-mortars and paid taxes. City Council Regular Meeting Minutes September 22,2022 Page 5 of 19 With that,the Mayor closed the hearing and proceeded to consider the appeal for the denial of the two permit applications. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura Alvarado to uphold the decision of the City to deny the two Open Air Vendor permit applications. However, there was discussion prior to the vote. Council Member Presley requested the item be put up for discussion at their next meeting. Council Member Betancourth also reiterated her sentiments with there being no variance provision. She would have given Mr. Young a variance for them to continue operating while Council deliberated the matter. Mayor Capetillo further noted there were a few things Mr. Young could do. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved Council continued to comment potential options for Mr. Young. Mr. Lemond recommended, instead of speculating what may happen, staff could direct Mr. Young to the procedures currently in the ordinance. Mayor Capetillo thanked Mr. Lemond and hoped staff could recommend an alternative solution. 4. 2022 NATIONAL FITNESS CAMPAIGN GRANT FOR JENKINS PARK a. Consider a resolution authorizing the City Manager to accept a 2022 National Fitness Campaign Grant from National Fitness Campaign, LP and Blue Cross Blue Shield of Texas to partially fund the purchase of a Fitness Court© outdoor infrastructure to be installed at Jenkins Park. Parks and Recreation Director Clifford Hatch shared Item 4.a. was to receive a$50,000 donation, and Item 4.b. was to purchase the remainder of the outdoor infrastructure to be installed at Jenkins Park, of which, the remaining$93,000 would be reimbursed to the City by Be Well Baytown. Mr. Hatch then played a video presentation on the National Fitness Campaign and the Fitness Court©. After the video, Mayor Pro Tern Johnson relayed his concern, which Council Member Alvarado helped clarify, of the space being monopolized by paid trainers. Mr. Hatch responded that the app should negate the need for a personal trainer. The City ran into that same problem with tennis courts, soccer fields, etc., which Parks dealt with on a case-by-case basis. Also, the app would monitor the use of the court. If there was a sharp decline, Parks could address that then. Council Member Betancourth loved the idea and questioned where it would be installed.Mr.Hatch replied it would be next to the basketball court. Council Member Alvarado, likewise, loved it and City Council Regular Meeting Minutes September 22,2022 Page 6 of 19 hoped there would be an opportunity to have that in other parks.While also voicing his like,Mayor Pro Tern Johnson suggested to have one on Bush Road as well as anywhere else in Baytown. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Laura Alvarado to approve Resolution No. 2,798, related to Item 4.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2,798 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO ACCEPT A 2022 NATIONAL FITNESS CAMPAIGN GRANT IN THE AMOUNT OF FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) FROM NATIONAL FITNESS CAMPAIGN, LP, AND BLUE CROSS AND BLUE SHIELD OF TEXAS TO PARTIALLY FUND THE PURCHASE OF A FITNESS COURT° OUTDOOR INFRASTRUCTURE TO BE INSTALLED AT JENKINS PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the City Manager to negotiate and execute an agreement with National Fitness Campaign, LP for the sole source purchase of a Fitness Court© to be built at Jenkins Park. A motion was made by Council Member Jacob Powell and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,201, related to Item 4.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,201 City Council Regular Meeting Minutes September 22,2022 Page 7 of 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT IN THE AMOUNT OF ONE HUNDRED FORTY-TWO THOUSAND THREE HUNDRED FIFTY AND NO/100 DOLLARS ($142,350.00)TO NATIONAL FITNESS CAMPAIGN LP FOR THE SOLE-SOURCE PURCHASE OF A FITNESS COURT OUTDOOR INFRASTRUCTURE TO BE INSTALLED AT JENKINS PARK; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OUT OF A FIFTY THOUSAND DOLLAR ($50,000.00) GRANT FROM NATIONAL FITNESS CAMPAIGN LP AND BLUE CROSS BLUE SHIELD OF TEXAS, AND A NINETY-TWO THOUSAND, THREE-HUNDRED, FIFTY DOLLAR ($92,350.00) GRANT FROM BEWELL BAYTOWN; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. MUNICIPAL BUDGET FISCAL YEAR 2022-23 a. Receive the no-new revenue tax rate and voter-approval tax rate. Finance Director Victor Brownlees opened the item by recalling that at their last meeting, Council received the then no-new revenue and voter-approval tax rates. The tax collector and assessor had since revised the worksheet, so Mr. Brownlees had the final version of both rates to present to Council. He confirmed the no-new revenue rate for the next year would be 75.1560 and the voter approval rate would be 81.3830. Mayor Capetillo thanked Finance and everyone else who worked on the rates. Mayor Pro Tern Johnson recognized the collaborative effort of their two subcommittees where everyone on Council was involved to bring the rates about. He hoped that could be done going forward which Council Member Presley echoed as did Council Member Betancourth. b. Consider an ordinance adopting the City of Baytown Fiscal Year 2022-23 Municipal Budget, and setting a proposed tax rate. Finance Director Victor Brownlees segued into the item recognizing the inclusive process of the budget and Council's involvement. In relaying a few highlights, Mr. Brownlees noted the budget increased exemptions for seniors over sixty-five and the disabled. He explained that would be worth$150 a year to the taxpayer, and it was the City's intention to increase that further next year. On another note, the City froze utility rates for low-volume users. The proposed tax rate also reduced the City's headline rate by 3.50 which Mr. Brownlees emphasized was an unprecedented amount. It took the City below the no-new and voter-approval rates for the third time in a row. The budget also invested aggressively in infrastructure. In fact, more cash would be put into the Capital Investment Plan (CIP) next year as the City had sat with about one hundred and fifty days in the fund balance. By using that money to fund capital infrastructure, the fund balance would be reduced to seventy-two days. Thus, the City reduced the amount of debt it would issue next year from $45 million to $25 million. He thanked Council's two subcommittees for their work on that. Mr. Brownlees lastly stated the City had published a Notice of Intent to adopt an ordinance that night to approve the issuance of Certificates of Obligation. However, the City would postpone the City Council Regular Meeting Minutes September 22,2022 Page 8 of 19 consideration of that ordinance to the Council Meeting on October 13, 2022, at 6:30 P.M. in the Council Chambers.A Notice of Intent had been posted on the City's website regarding that change as well as on the bulletin boards at City Hall. Mr. Brownlees explained that was done because the budget would be adopted that night,and then Council could adopt the tax rate at their next meeting. Council Member Lester wished to echo the sentiments his colleagues gave in the previous item. The originally proposed budget had a $45 million Certificate of Obligation debt, a half a cent tax reduction, and a ninety-day target for the reserves. With Council's deliberations, he highlighted the budget now had a 3.50 reduction of the tax rate and seventy-two days for their reserves. Council Member Lester complimented his colleagues and expressed his appreciation for their discussions and debates. In the same way,he thanked staff for their back-and-forth. Council Member Alvarado noted one of those back-and-forwards had been the prioritization of projects. She then proceeded to advocate for the 100 Block budget item to be considered high priority. Regardless, Council Member Alvarado was proud of where they were at and looked forward to their next tackle. Council Member Betancourth wondered if the City had any plans to communicate what had been discussed to citizens beyond their current meeting. Public Affairs Director Thomas Reeves shared Public Affairs and the Finance Department had worked collaboratively in the last couple of weeks to come up with two projects for communicating the budget to the public. First, there would be short video overviewing the budget process and the numbers that came along with it. Then, there would be a Citizens Budget Guide that would take Council's budget binder and boil it down to six or seven pages of graphs and charts. Mr. Reeves explained that would make it digestible for the public to understand, and would be made available the following week. A motion was made by Council Member Laura Alvarado and seconded by Council Member Jacob Powell to approve Ordinance No. 15,202, related to Item 5.b. However,there was discussion prior to the vote. Mayor Capetillo echoed the sentiments of his fellow Council Members with the two Council subcommittees, and relayed his hope that they continue to use that kind of approach. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023, IN City Council Regular Meeting Minutes September 22,2022 Page 9 of 19 ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. PROPOSED RESOLUTION a. Consider a resolution accepting two (2) Teqball Tables for the Parks and Recreation Department to be used at Jenkins Park and The Baytown Community Center, donated by Teqball USA LLC. Parks and Recreation Director Clifford Hatch explained the item was for two Teqball tables: one indoors and one outdoors. The company had been the one that approached the City and selected the Community Center and Jenkins Park as locations for their tables. He then played a video presentation of people playing Teqball, and lastly noted the tables would be at no cost to the City. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Laura Alvarado to approve Resolution No. 2,799, related to Item 6.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2,799 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE DONATION OF TWO (2) TEQBALL TABLES VALUED AT FOUR THOUSAND THREE HUNDRED FORTY-EIGHT AND NO 100 DOLLARS($4,348.00)FROM TEQBALL USA,LLC,FOR THE PARKS AND RECREATION DEPARTMENT, TO BE USED AT JENKINS PARK AND THE BAYTOWN COMMUNITY CENTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. REPORTS a. Receive the Baytown Police Advisory Committee's Quarterly Report to the City Council on its work and progress. Mayor Capetillo noted that a citizen, Mr. David Isaac, had signed up to speak regarding this item and asked him to come forward to present his comments. Mr. Isaac first made note of the Baytown Police Advisory Committee's ("BPAC") progress with mental health. He believed that had been their greatest achievement thus far,but there were details he would like the BPAC to hash out in the future. For starters, the D.A.R.E. program was not City Council Regular Meeting Minutes September 22,2022 Page 10 of 19 successful because he believed kids should not be exposed to certain drugs at their age and be told what those drugs do. Next, Mr. Isaac shared his concern over the Baytown Police Department's ("BPD") hiring restrictions as that was related to creating a diverse workforce. Lastly, he had not heard of any discussions regarding police unions. While he recognized the BPAC's greatest strength,their greatest weakness was involvement from the community. Thus, Mr. Isaac requested Council to help the Committee communicate the progress being made with BPD. BPAC Chairperson Eric Bolenbaucher then presented the report by first reiterating they were an advisory committee to Council with no oversight authority. Over the last two years, the BPAC created the following buckets of concern: mental illness,transparency and accountability,training and development, and positive engagement. Mr. Bolenbaucher affirmed BPD had and continued to listen to their concerns. In their new term beginning October 1st, one of their first business items would be to discuss those buckets of concern and determine if a new focus needed to be addressed. As far as community involvement, Mr. Bolenbaucher shared each BPAC Member continued to engage the community in their respective districts for insight. However,the BPAC Members liked to solicit Council's help. To date, less than 1% of the citizens of Baytown had taken advantage of their Citizen Input opportunity provided at each BPAC Meeting.Thus,there was an ongoing effort by the BPAC to meet outside of City Hall. The reason for that was because their highest attended meeting, as well as highest amount of Citizen Input they had received,had been at a meeting held at Lee College. The BPAC desired to be more visible and accessible to the community to absorb what the community was feeling. In that respect, Mr. Bolenbaucher applauded UNIDOS, a Hispanic community outreach endeavor by Lieutenant Rene Hinojosa, a former BPAC Member. In conclusion, Mr. Bolenbaucher took a moment to thank former Police Chief Keith Dougherty, Assistant Police Chief Mike Holden, and Police Chief John Stringer for actively being involved with their committee. He additionally thanked Council, Assistant City Manager Kevin Troller, City Clerk Angela Jackson, and Deputy City Clerk Raquel Martinez for their assistance. Mayor Pro Tern Johnson had attended a few BPAC meetings and commented they were a very productive committee. He encouraged his fellow Council Members to, likewise, attend their meetings. Also, Mayor Pro Tern Johnson noted he would get with Mr. Bolenbaucher to suggest a location for their meetings north of IH-10.He further recommended each Council Member to think of places inside their districts to get more citizen involvement. Council Member Powell thanked Mr. Bolenbaucher and was happy to see the idea of taking their meetings outside of City Hall. He commented that he knew of a church in District 5, Mr. Bolenbaucher's, to host their meetings. As there would be a leadership change, Mr. Bolenbaucher hoped to see that happen. Council Member Presley thanked the BPAC Chair and expressed he would be missed. Mayor Capetillo echoed that. 8. DISCUSSIONS a. Receive a presentation from NRG Energy Inc., regarding Project Moonshot, an expansion project at the Cedar Bayou Plant in East Baytown. Mayor Capetillo noted that a citizen, Mr. David Isaac, had signed up to speak regarding this item and asked him to come forward to present his comments. City Council Regular Meeting Minutes September 22,2022 Page 11 of 19 Mr. Isaac noted that in thinking about their air, sewage, and water quality, he had trouble coming to terms with the City giving NRG Energy a tax abatement. The proposal they would give discussed a lasting economic benefit for the community. With unemployment at 3.2% and according to the City's Strategic Plan, 80% of people that worked in Baytown did not live in Baytown. Thus, it was not guaranteed Baytown citizens would have jobs there and would benefit from the tax revenue. NRG Energy would ask not only for a tax abatement and help from the City of Baytown, but also from Chambers and Harris County. As they would only show their proposal and not ask for money until January, Mr. Isaac requested Council to consider the issues the City had ahead of them.The company wanted to offset their capital costs and minimize their tax liability which Mr. Isaac noted would be on the backs of taxpayers. As Council was stewards of the taxpayers, he noted those folks would not ask for tax breaks nor for the type of compliance NRG Energy would ask for. Before the presentation, Mr. B.J. Simon with the Economic Development Foundation(EDF)gave a few introductions. First, Mr. Simon relayed NRG Energy had been pursuing the development of a 670-megawatt generation facility at their Cedar Bayou Plant. The EDF had been providing support to the project primarily in the form of information sharing and engaging units of government as well as tax entities. The project was important from an economic development perspective, so Council would hear some of the benefits with having that new capacity at their facility. He then introduced Development Executive David Freeman as well as those accompanying him. Before going in to his presentation, Mr. Freeman made note of global energy concerns that Texas also faced. While Texas was doing a great job hurling towards renewable energy, he noted they would need reliable resources when the weather would not cooperate. NRG Energy used a gas-fired asset that could burn hydrogen. Mr. Freemen emphasized that asset provided reliability, but they were challenged with how to make that economically viable. NRG Energy encountered issues that made it impossible for them to get acceptable financing,materials, and labor to have the project online by the summer of 2025. Therefore, NRG Energy delayed the process to bring the project online by the summer of 2026. Presently, their company was focused on identifying costs to make the project viable at a rate that would be acceptable to the customers of the community. He added of the fifty-five people that worked at the Cedar Bayou Plant, ten of them were Baytown residents and the project would add eighteen more employees. Mr. Freemen further acknowledge Baytown's commitment to not only industry and jobs, but also doing that in an environmentally desirable way. Mr. Freemen believed their project embodied that effort. He ended his presentation noting their plants' history with producing power and providing a good tax base. 9. CONSENT A motion was made by Council Member Heather Betancourth and seconded by Council Member Chris Presley to approve Consent Agenda Items 9.a. through 9.n., as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester City Council Regular Meeting Minutes September 22,2022 Page 12 of 19 Nays: None Approved a. Consider an ordinance authorizing Change Order No. 5 for the Citizens Bank Renovation Project. ORDINANCE NO. 15,203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 5 TO THE CITIZENS BANK RENOVATION PROJECT WITH CONSTRUCTION MASTERS OF HOUSTON, INC., IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND ONE HUNDRED TWENTY-EIGHT AND 75/100 DOLLARS($30,128.75);AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the Second Amendment to the Agreement for Consulting Services with Ardurra Group, Inc. for the East District Wastewater Treatment Plant Project, Phase 1. ORDINANCE NO. 15,204 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH ARDURRA GROUP, INC., FOR THE EAST DISTRICT WASTEWATER TREATMENT PLANT PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY-ONE THOUSAND TWENTY AND NO/100 DOLLARS ($151,020.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consideration of an ordinance authorizing an Agreement with Terracon Consultants, Inc. for construction material testing services for the Annexation Utilities-Connally Area Package One Project. ORDINANCE NO. 15,205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH TERRACON CONSULTANTS, INC., FOR CONSTRUCTION MATERIALS TESTING FOR THE ANNEXATION UTILITIES-CONNALLY AREA PACKAGE ONE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHTY-SIX THOUSAND NINE HUNDRED FIFTY-TWO AND 50/100 DOLLARS ($86,952.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 22,2022 Page 13 of 19 d. Consider an ordinance authorizing Software as a Service (SaaS), Subscription License, and Perpetual License Agreements with Innovative Interfaces Incorporated to upgrade library customer platform and cloud hosting. ORDINANCE NO. 15,206 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING SOFTWARE AS A SERVICE (SAAS), SUBSCRIPTION LICENSE, AND PERPETUAL LICENSE AGREEMENTS WITH INNOVATIVE INTERFACES INCORPORATED TO UPGRADE LIBRARY CUSTOMER PLATFORM AND CLOUD HOSTING; AUTHORIZING PAYMENT IN THE AMOUNT OF NINETY-THREE THOUSAND, SIX-HUNDRED, EIGHTY-SIX DOLLARS AND TWELVE CENTS ($93,686.12) BY THE CITY OF BAYTOWN, INCLUDING LICENSEE RENEWAL AT A COST OF $41,391.12, MIGRATION TO THE CLOUD FOR A ONE-TIME FEE OF $8,200, DISCOVERY SOFTWARE LICENSE IN THE AMOUNT OF $28,495 WITH A ONE-TIME SET-UP FEE OF $9,000.00, AND CLOUD HOSTING IN THE AMOUNT OF $6,600 FOR ONE YEAR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of two (2) John Deere 1600 Turbo Terrain Cut Commercial Wide-Area Mowers from Brookside Equipment for the Parks and Recreation Department through the Texas Local Government Purchasing Cooperative (BuyBoard). ORDINANCE NO. 15,207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY- EIGHT THOUSAND THREE HUNDRED EIGHTY-ONE AND 24/100 DOLLARS ($138,381.24) TO BROOKSIDE EQUIPMENT SALES, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF TWO (2) JOHN DEERE 1600 TURBO TERRAIN CUT COMMERCIAL WIDE-AREA MOWERS FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance approving repairs to the Aqua Loop and Aqua Drop slides and tower by sole-source provider Whitewater West Industries Ltd., for the Pirates Bay Waterpark. ORDINANCE NO. 15,208 City Council Regular Meeting Minutes September 22,2022 Page 14 of 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT OF THE SUM OF ONE HUNDRED FORTY-NINE THOUSAND FIVE HUNDRED EIGHT AND 70/100 DOLLARS ($149,508.70) TO SOLE-SOURCE PROVIDER WHITEWATER WEST INDUSTRIES LTD. FOR REPAIRS TO THE AQUA LOOP AND AQUA DROP SLIDES AND TOWER FOR PIRATES BAY WATERPARK; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the purchase of one (1) 2023 Ford F-450 Diesel 4X2 Regular Cab Chassis and Frazer Type I 14' Ambulance from Sterling McCall Ford, through the Houston-Galveston Area Council, for the Fire Department. ORDINANCE NO. 15,209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING, SUBJECT TO THE RECEIPT OF FUNDING FROM THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT, THE PAYMENT OF TWO HUNDRED NINETY-TWO THOUSAND FOUR HUNDRED FIFTEEN AND NO/100 DOLLARS ($292,415.00)TO STERLING MCCALL FORD, THROUGH THE HOUSTON-GALVESTON AREA COUNCIL, FOR THE PURCHASE OF ONE (1) 2023 FORD F-450 DIESEL 4X2 REGULAR CAB CHASSIS AND FRAZER TYPE I 14'AMBULANCE FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing an Interlocal Agreement with Lee College District for the use of its Wellness Center and Swimming Pool by the City Council members and City employees. ORDINANCE NO. 15,210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH LEE COLLEGE DISTRICT FOR THE USE OF THE WELLNESS CENTER AND SWIMMING POOL BY CITY COUNCIL MEMBERS AND CITY EMPLOYEES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing an agreement with Labor First, LLC, d/b/a Retiree First, for a Retiree Medicare Advantage Plan Insurance under the medical carrier UnitedHealthcare. ORDINANCE NO. 15,211 City Council Regular Meeting Minutes September 22,2022 Page 15 of 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT WITH LABOR FIRST, LLC, D/B/A RETIREE FIRST FOR RETIREE MEDICARE SUPPLEMENTAL INSURANCE FOR THE CALENDAR YEAR OF JANUARY 1, 2023, THROUGH DECEMBER 31, 2023;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($650,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing an Amendment for Services at an Onsite Center with Concentra Health Services, Inc., and authorizing payment to Concentra Health Services,Inc.,for the administration of an employee health clinic,including medical services and supplies. ORDINANCE NO. 15,212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AMENDMENT TO THE AGREEMENT FOR SERVICES AT AN ONSITE CENTER WITH CONCENTRA HEALTH SERVICES INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIX HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($625,000.00)FOR ADMINISTRATION OF AN EMPLOYEE HEALTH CLINIC, INCLUDING MEDICAL SERVICES AND SUPPLIES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance amending Chapter 5 "Employee Benefits" of the City of Baytown Personnel Policy Manual to add a new section concerning parental leave. ORDINANCE NO. 15,213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 5 "EMPLOYEE BENEFITS" OF THE CITY OF BAYTOWN PERSONNEL POLICY MANUAL TO ADD A NEW SECTION CONCERNING PARENTAL LEAVE; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance amending and restating Ordinance No. 15,193 to eliminate the provision that the City Clerk is ordered to include on the ballot for the City's municipal election to be held on the 8th day of November, 2022, a heading entitled "Unopposed Candidates Declared Elected" under which the office of Council Member of Council District No. One (1) and Laura Alvarado's name shall appear. ORDINANCE NO. 15,214 City Council Regular Meeting Minutes September 22,2022 Page 16 of 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING AND RESTATING ORDINANCE NO. 15,193 OF THE BAYTOWN CITY COUNCIL ADOPTED ON SEPTEMBER 8, 2022, DECLARING THE UNOPPOSED CANDIDATE LAURA ALVARADO ELECTED TO THE OFFICE OF COUNCIL MEMBER DISTRICT NO. ONE (1) OF THE CITY OF BAYTOWN AND CANCELING THE ASSOCIATED MUNICIPAL ELECTION PREVIOUSLY ORDERED TO BE HELD ON THE 8TH DAY OF NOVEMBER, 2022, FOR THE PURPOSE OF ELECTING THE COUNCIL MEMBER OF COUNCIL DISTRICT NO.ONE(1)OF THE CITY OF BAYTOWN; ELIMINATING THE PROVISION THAT THE CITY CLERK IS ORDERED TO INCLUDE ON THE BALLOT FOR THE CITY'S MUNICIPAL ELECTION TO BE HELD ON THE 8TH DAY OF NOVEMBER, 2022, A HEADING ENTITLED "UNOPPOSED CANDIDATES DECLARED ELECTED" UNDER WHICH THE OFFICE OF COUNCIL MEMBER OF COUNCIL DISTRICT NO. ONE (1) AND LAURA ALVARADO'S NAME SHALL APPEAR; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider a resolution designating authorized signatories for the Texas General Land Office's CDBG-MIT Local Hazard Mitigation Plans Program application and any resulting contract. RESOLUTION NO. 2,800 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING AUTHORIZED SIGNATORIES FOR THE TEXAS GENERAL LAND OFFICE'S CDBG-MIT LOCAL HAZARD MITIGATION PLANS PROGRAM APPLICATION AND ANY RESULTING CONTRACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider a resolution authorizing the City Manager,on behalf of the Baytown Police Department, to submit a request for funding 20 NIJ Type III-rated Ballistic Rifle Bullet- Resistant Shields in an amount not to exceed$154,000, to the Office of the Governor, Public Safety Office, Criminal Justice Division of the State of Texas,for the FY2023 Bullet-Resistant Shield Grant Program. RESOLUTION NO. 2,801 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT, TO SUBMIT A REQUEST FOR FUNDING 20 NIJ TYPE III-RATED BALLISTIC RIFLE BULLET-RESISTANT SHIELDS IN AN AMOUNT NOT TO EXCEED $154,000, TO THE OFFICE OF THE GOVERNOR, PUBLIC SAFETY OFFICE, CRIMINAL JUSTICE DIVISION OF THE STATE OF TEXAS, FOR THE FY2023 BULLET- RESISTANT SHIELD GRANT PROGRAM; DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND City Council Regular Meeting Minutes September 22,2022 Page 17 of 19 MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. APPOINTMENTS a. Consider the appointment of six (6) members of the Baytown Police Advisory Committee. The following Council Members nominated the applicants noted below: • District 1: Council Member Alvarado nominated Ms. Dorris Thomas; • District 2: Council Member Presley wished to reappoint Dr. Marissa Moreno; • District 4: Council Member Betancourth wished to reappoint Mr. Richard Hunsinger; • District 5: Council Member Powell was not yet ready for a nomination; • District 6: Council Member Lester wished to reappoint Ms. Athena Greene; and • City Manager: On behalf of the City Manager, City Clerk Angela Jackson relayed he nominated Officer Natalie Robinson. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Chris Presley to approve the nominated individuals listed above as the five (5) appointments to the Baytown Police Advisory Committee. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved b. Consider four (4) appointments to the Animal Control Advisory Committee. Mayor Capetillo recited the following applicants sought reappointment: • Mr. James Garcia for the Director of Health designee; • Dr. Francisco Alvarez for the Licensed Veterinarian position; and • Corporal James Kerr for the Chief of Police designee. As for the Interested Citizen position, Mayor Capetillo suggested that be considered at a later date. A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern Charles Johnson to approve the individuals listed above as the three (3) reappointments to the Animal Control Advisory Committee. The vote was as follows: City Council Regular Meeting Minutes September 22,2022 Page 18 of 19 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved c. Consider one (1) appointment to the Parks and Recreation Board. Mayor Capetillo stated he wished to nominate Ms. Mirtha Morales to fill the current vacant position on the Parks and Recreation Board. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Charles Johnson to approve Ms. Mirtha Morales as the appointment to the Parks and Recreation Board. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tem Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved 11. MANAGER'S REPORT City Manager Rick Davis deferred some time to Parks and Recreation Director Clifford Hatch. Mr. Hatch provided a video presentation by the Grito Committee. The video announced the pre- party would be on September 30, 2022, at Town Square featuring Los Desperadoz and Jay Perez. On October 1, 2022, Grito Fest would have Grupo Masizzo, Las Fenix, and Grupo Pegasso as presenters. Mr. Davis then proceeded to provide his report and congratulated Public Affairs for another published issue of the Baytown Voice. He further congratulated Multimedia Specialist Lloyd Lively for receiving an Award of Excellence by the City-County Communications and Marketing Association (3CMA) for the Shoe Box Parade. In addition, Mr. Davis recognized Firefighter Joshua Lester, Firefighter Robert Ford, and Firefighter Bradley Bryant for achieving their Intermediate Structure Firefighter Certification. The Advanced Structure Firefighter Certification were awarded to Firefighter Alejandro Cruz, Firefighter Jeremiah Chaplain, and Fire Lieutenant George Lusito. Master Structure Firefighter Certification recipients were Fire Lieutenant Jacob Griffith and Fire Lieutenant Robert Balsamo. On the Baytown magazine, Council Member Alvarado thanked Public Affairs for including her in the process of the bilingual portion. The department continued to improve language access City Council Regular Meeting Minutes September 22,2022 Page 19 of 19 throughout their materials and website. Council Member Alvarado expressed her appreciation for them working to make sure they reached all Baytown citizens in whatever language they spoke. 12. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Mayor Pro Tem Charles Johnson regarding District No. Three projects and programs. Mayor Pro Tern Johnson opened the item by commenting on the citizens' excitement to see the mall being torn down. He then reported there was a brush pile on Spur 330 near the residents of Middleton that they complained about. After a phone call with City Manager Rick Davis,the brush pile had been eliminated. He thanked Mr. Davis and staff for looking out for those citizens. Next, he reported on the new restaurant, Lercy's, and encouraged everyone to go by to support them. Council hoped that business would spur further business on Bayway Drive. Also, the citizens of District 3 were deliberating over three locations near Lakewood for a dog park. Mayor Pro Tern Johnson relayed their meeting turnout had been good and the citizens were enthusiastic. Lastly,he relayed National Night Out was coming up for all of Baytown in various neighborhoods. 13. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Sections 551.071 and 551.074 of the Texas Government Code to seek the advice of the City's attorney(s)regarding recruitment for the City of Baytown's City Manager position. At 8:39 P.M., Mayor Capetillo recessed and convened in to an executive session pursuant to Sections 551.071 and 551.074 of the Texas Government Code to seek the advice of the City's attorney(s)regarding recruitment for the City of Baytown's City Manager position. At 9:25 P.M., Mayor Capetillo reconvened the open meeting and announced that, in accordance with the 551.102 of the Texas Government Code, no action was taken in the Executive Session. 14. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the September 22, 2022, City Council Regular Meeting at 9:26 P.M. 7-cp,`?TO Vv4, Angela cksoii City C, rk�1 * 0 Co City of Baytown ap+ .