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2022 10 27 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 27, 2022 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October 27, 2022, at 6:33 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 October 27, 2022, City Council Regular Meeting with a quorum present at 6:33 P.M., and with all members present. The Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Powell. 1. MINUTES A motion was made by Council Member Laura Alvarado and seconded by Council Member Chris Presley to approve the minutes of Items l.a. and 1.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 a. Consider approving the minutes of the City Council Special Meeting held on September 22, 2022. b. Consider approving the minutes of the City Council Work Session and Regular Meeting held on September 22,2022. City Council Regular Meeting Minutes October 27,2022 Page 2 of 21 2. FIRS3YEARS PARTNERSHIP WITH THE CITY OF BAYTOWN a. Consider a resolution accepting donations from First3Years for a partnership with Sterling Municipal Library to distribute home kits and work with the Parks and Recreation Department to create additional spaces for families with small children (0-3) within the parks' system. City Manager Rick Davis introduced First3Years Director Alexandra Mylius and Parent Co-Chair Briceida Alcaraz. The item was for Council to consider accepting a donation from First3Years for their partnership with the Sterling Municipal Library, as mentioned. The collaborative, Babies in Baytown (BIB), operated from an $800,000 five-year grant from the Hogg Foundation. Through their collective effort with First3Years, they would present to the City a $25,000 donation. Mr. Davis explained $10,000 would be granted to the Sterling Municipal Library to distribute home kits and the rest to Parks and Recreation for the additional spaces for small children in their parks. Ms. Mylius presented those donations to Library Director Jamie Eustace and Parks and Recreation Director Clifford Hatch. Ms. Alcaraz then further introduced herself and BIB which addressed the needs of families with babies. Ms. Eustace presented the kits the Library would make with their donation, and announced the Library would also launch a Baby's First Library Card program. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Chris Presley to approve Resolution No. 2,803, related to Item 2.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Chris Presley, Mayor Pro Tern Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Laura Alvarado (Abstained) Approved RESOLUTION NO. 2,803 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) FROM FIRST3YEARS FOR A PARTNERSHIP WITH STERLING MUNICIPAL LIBRARY TO DISTRIBUTE HOME KITS AND WORK WITH THE PARKS AND RECREATION DEPARTMENT TO CREATE ADDITIONAL SPACES FOR FAMILIES WITH SMALL CHILDREN (AGES 0 TO 3) WITHIN THE PARKS SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. City Council Regular Meeting Minutes October 27,2022 Page 3 of 21 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 October. 5 YEAR Timothy Lewis, Parks and Recreation, Crew Leader Alexis Garza, ITS., E-Business Coordinator III Samuel Barker, Library, Library PC Specialist Alexandria Conway, Communications, Telecommunications Supervisor Amanda Weber, Communications, Telecommunicator Kenneth Dobson, Fire, Fire Chief 10 YEAR Mark Gexler, Municipal Court, Bailiff Christina Butcher, Parks and Recreation, BNC Naturalist Alfred Lopez, Utility Billing, Meter Operations Supervisor David Lambert, Police, Patrol Officer Daniel Ali, Parks and Recreation, Equipment Specialist Carla Hommel, Purchasing, Contract Coordinator 20 YEAR Manuel Nunez, Parks and Recreation, Crew Leader Jamie Eustace, Library, City Librarian b. Recognize the Baytown Engage Civic Academy participants. Library Director Jamie Eustace recognized the Baytown Engage Civic Academy's fourth cohort: Eric Teguia, Mirtha Morales, Renita Price, Jaqueline Gonzalez, and Jennifer Prieto. c. Mr. Larry Young with In & Out Rock Chip Repair, Inc., has requested to speak to the Council as it relates to Open Air Vendor permit requirements. Mr. Larry Young introduced the item as a follow up to his appeal on the September 9, 2022, City Council Meeting. He provided Council a handout with a solution to the Open Air Vendor issue. Mr. Young proposed to add"Established Landlord/Tenant Open Air Vendor"to the City Code. In his handout, he detailed what that term would mean. For example, the tenant would have a rent history and a legal contract with the landlord. With those points, Mr. Young stated it would knock out those that showed up on the weekends with a tent to sell trinkets. He invited the City's Legal Department to look at his handout as it addressed the concerns that were brought up before. Mr. Young proceeded to discuss the differences between the services his business provided to other similar businesses. He did not have a brick and mortar because he did not provide the same services those other businesses provided. The type of vendors the City was trying to avoid with the original ordinance, Mr. Young assured none of them would come in under the definition he provided. d. Mr. Byron Schirmbeck has requested to speak to the Council as it relates to Council representative(s) not being responsive to the issues within the City. City Council Regular Meeting Minutes October 27,2022 Page 4 of 21 Mr. Byron Schirmbeck shared he was there to speak on behalf of himself and the Eastpoint Homeowners Association (HOA). First, he wished to discuss his concerns with the process of addressing Council. Mr. Schirmbeck expressed it seemed the process was designed to screen out conflict before it arrived to Council.Also,without proper two-way communication,citizens would not know if their voice was being heard or ignored. Without an advocate, citizens would also not have any representation. As Mayor Capetillo was his former Council Member,he commended the Mayor for always being able to be contacted. When Mr. Schirmbeck had an issue with the City, Mayor Capetillo had set up a meeting with him and City officials. He expressed things have changed, at least for the Eastpoint Subdivision, since then. Eastpoint residents often came to their HOA because they did not get responses from the City nor their Council Member. On another note, Mr. Schirmbeck discussed over the June Council Meeting. Before the meeting was in session,he was in the Council Chambers passing out political flyers. He believed the former City Attorney made a bad decision in misapplying the rule of what happens when Council was in session concerning signs and placards. Mr. Schirmbeck addressed that to the City Manager via emails and gave an official complaint email on July 13th. To date, he had not received a response from the City Manager, his Council Member, nor anyone else. Thus, Mr. Schirmbeck was concerned that rule would be abused again. To end his comments, he relayed his concerns over Mayor Pro Tem Johnson.Among those concerns,Mr. Schirmbeck specified he was not responsive. 4. PROPOSED ANNEXATION OF APPROXIMATELY 53.67 ACRES AT 5814 N SH 146, THE NORTHEAST CORNER OF N SH 146 AND FM 1405 a. Conduct the second public hearing regarding the proposed annexation of approximately 53.67 acres at 5814 N SH 146,the northeast corner of N SH 146 and FM 1405, legally described as Tracts 1 & 2 in the Christian Smith League, Abstract 22, Chambers County,Texas. At 6:58 P.M., Mayor Capetillo opened the public hearing regarding the proposed annexation of approximately 53.67 acres at 5814 N SH 146, the northeast corner of N SH 146 and FM 1405, legally described as Tracts 1 & 2 in the Christian Smith League, Abstract 22, Chambers County, Texas. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. The item was the second public hearing for the property previously described. As the item had been seen by Council several times,Mr. Scribner was present to answer any questions. There were no questions from Council, and Mayor Capetillo announced no one had signed up to speak. At 6:59 P.M., Mayor Capetillo closed the public hearing regarding the proposed annexation of approximately 53.67 acres at 5814 N SH 146, the northeast corner of N SH 146 and FM 1405, legally described as Tracts 1 & 2 in the Christian Smith League, Abstract 22, Chambers County, Texas. b. Consider the first reading of an ordinance for the proposed annexation of approximately 53.67 acres at 5814 N SH 146,the northeast corner of N SH 146 and FM 1405, legally described as Tracts 1 & 2 in the Christian Smith League, Abstract 22, Chambers County, Texas. City Council Regular Meeting Minutes October 27,2022 Page 5 of 21 As staff had nothing more to add on the item, Mayor Capetillo considered the item received. ORDINANCE NO. 15,244 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN,TEXAS,AND THE ANNEXATION OF APPROXIMATELY 53.67 ACRES OF LAND, LOCATED AT THE NORTHEAST CORNER OF N. STATE HIGHWAY 146 AND FM 1405, ADDRESSED AS 5814 N. STATE HIGHWAY 146,AND LEGALLY DESCRIBED AS TRACTS I AND 2 IN THE CHRISTIAN SMITH LEAGUE, ABSTRACT 22, CHAMBERS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. 5. PROPOSED AMENDMENT TO COMPREHENSIVE PLAN 2040 a. Conduct a public hearing concerning an amendment to Comprehensive Plan 2040 to expand secondary land use types in Neighborhood Scale Commercial and Large Scale Commercial Future Land Use Map categories. At 7:00 P.M., Mayor Capetillo opened the public hearing concerning an amendment to Comprehensive Plan 2040 to expand secondary land use types in Neighborhood Scale Commercial and Large Scale Commercial Future Land Use Map categories. Planning and Development Director Martin Scribner summarized the subject matter of the hearing. The item was for a limited addition to the Commercial Future Land Use Map categories in the Comprehensive Plan 2040. Mr. Scribner clarified it was for the Comprehensive Plan and not zoning. The addition would add flexibility with requests for either mixed uses or a multifamily which could now be considered in those districts and categories. With that concluding the summary, Mayor Capetillo announced no one had signed up to speak on the hearing. At 7:02 P.M., Mayor Capetillo closed the public hearing concerning an amendment to Comprehensive Plan 2040 to expand secondary land use types in Neighborhood Scale Commercial and Large Scale Commercial Future Land Use Map categories. b. Consider an ordinance to amend Comprehensive Plan 2040 to expand secondary land use types in Neighborhood Scale Commercial and Large Scale Commercial Future Land Use Map Categories. A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,245, related to Item 5.b. However, there was discussion prior to the vote. Planning and Development Director Martin Scribner shared staff found opportunities in large scale commercial where they could put in an apartment complex, for example. The addition would not zone anything. The City would only have the flexibility to consider that type of rezone in that area City Council Regular Meeting Minutes October 27,2022 Page 6 of 21 without going back to the Comprehensive Plan 2040 to redo that as well. Both the Comprehensive Plan and the Future Land Use Map was designed to be as flexible as possible. The item added another layer to that and would allow Staff to bring things forward to Council that might otherwise be pushed away. For properties already zoned, Council Member Powell wondered if the new uses would immediately be able to go in that zone. Mr. Scribner replied, no, it did not change zoning. As rezone requests came to Council, staff would present if the request was allowed by the Comprehensive Plan and the Future Land Use Map. Mr. Scribner explained the addition would expand the districts on the Future Land Use Map. However, rezone requests would still have to go through the same process. For example, General Commercial (GC) could not have apartment complexes. After the addition, that would not change as applicants would still have to go through Council for a rezone. Council Member Presley stated he understood it would make it easier to rezone. City Manager Rick Davis asked what other considerations, beside the map, did Staff utilize? Mr. Scribner responded the City Code had about ten criteria that Staff measured rezones against before bringing them to the Planning and Zoning Commission and Council. The addition may make it easier to rezone, but it really made it easier for Staff by lessening conflicts. 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 ORDINANCE NO. 15,245 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE BAYTOWN 2040 COMPREHENSIVE PLAN TO EXPAND SECONDARY LAND USE TYPES IN NEIGHBORHOOD SCALE COMMERCIAL AND LARGE SCALE COMMERCIAL FUTURE LAND USE MAP CATEGORIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. REPORTS a. Receive a presentation on the one-year progress from instituting the Baytown Police Department Five-Year Strategic Plan, as well as any additional changes and progress within the department. Police Chief John Stringer reported there was a collaborative effort with citizens and the Baytown Police Department(BPD)to produce a five-year Strategic Plan. BPD listened to citizens' concerns and needs of the community and their Police Department. The process and results aligned with the City Council Regular Meeting Minutes October 27,2022 Page 7 of 21 Constitutional Policing Theory as well as the final report on the President's Task Force on 21st Century Policing. Chief Stringer relayed that final report consisted of six pillars: 1) Building trust and legitimacy in the 4) Community policing and crime community; reduction; 2) Policy and oversight; 5) Training and education; and 3) Technology and social media; 6) Officer wellness and safety. Prior to November 2021,BPD never had a vision statement. Chief Stringer worked with Command Staff on a vision statement that everyone agreed to and would hold the personnel of BPD accountable to. The vision statement was displayed via a PowerPoint presentation which read: "Our vision is to serve and protect all people by judiciously enforcing the law and solving quality of life problems with professionalism, honesty, and integrity recognizing the sanctity of all human life; To work collaboratively with all department employees and citizens in sharing responsibility for the ideal and equitable administration of justice. Through professional transparency, ensure employees and citizens alike feel as they have been treated fairly and their voices heard, and To provide a safe and positive work environment where our employees are valued, enthusiastic owners of our mission." BPD's mission statement was written by sergeants because they immediately supervised officers. Similarly, the mission statement was displayed via a PowerPoint presentation which read: "The mission of the[BPDJ is to carry out our sworn duties to protect and serve all citizens of our community by partnering with them to reduce crime and enhance quality of life with honor, integrity, and professionalism." Next, Chief Stringer discussed their Strategic Plan process. After receiving the presentation on the Strategic Plan, he met with Command Staff to develop Phases 1 and 2. The phases included: • Community Partnerships; • Community Oriented Policing; and • Mental Health Services; • Accountability and Transparency. Chief Stringer relayed Phase 1 had a strong focus on: • Mental Health; • Increased visibility of police officers in • Community Partnerships; neighborhoods. • Outreach and Transparency; and BPD planned to begin Phase 2 in January of 2023, to include: • Accountability and Transparency - External: • Publishing Department Policies Online; and • Continued Attendance at Community Events. - Internal: • Performance Management Software; and City Council Regular Meeting Minutes October 27,2022 Page 8 of 21 ■ Establish formal mechanisms to give employees a greater voice and ownership in the department's future and development. • Community Partnerships - High School Outreach Program partnership with the Goose Creek Consolidated Independent School District's(GCCISD)Police Department; and - Partnership with Lee Community College to improve Cultural Awareness. Chief Stringer noted BPD and Lee College were developing a mechanism to judge the internal climate of BPD's cultural diversity as well as the community. BPD hoped to develop criteria that would take the standards of Texas Commission on Law Enforcement (TCOLE) a bit higher. For instance, TCOLE required a police department to have a firearms minimum score of 70% while BPD required 90%. Chief Stringer wished to apply that same philosophy to all of their trainings. In continuation of listing the focuses for Phase 2 of the Strategic Plan, BPD would also: • Explore the idea of bringing on a Citizen Mental Health Advocate; • Continue their Community-Oriented Policing Initiatives; and • Create an Employee Evaluation and Career Development Mechanism. On community-oriented policing for Phase 2, BPD would continue to work with the Baytown Police Advisory Committee (BPAC). As Hispanics and Latinos made up over 50% of Baytown, BPD developed the Hispanic Outreach Team who then discovered the UNIDOS Program of Plano, Texas. The team worked and trained with UNIDOS, and had their first Town Hall Meeting last Tuesday. Chief Stringer stated it had been a success and shared his experience. UNIDOS would become a resource to Baytown's Hispanic and Latin community beyond police-related matters. For mental health, BPD recognized two components: 1)their response to people in a mental health crisis, and 2) officer safety, resilience, and mental wellness. BPD had a twelve-officer Crisis Intervention Team (CIT) that participate in the Clinician and Officer Remote Evaluation (CORE) program. They had twelve to fifteen deployments a month which indicated they were successful. The team had several saves and all officers were also trained in crisis intervention de-escalation. In addition to mental health, Chief Stringer discussed over the new Bay Area Mental Health Coalition. He explained that was an opportunity to bring law enforcement together with mental health service providers and community advocates for mental health as well as the homeless. BPD hoped to identify resource gaps, share information, and share new developments in mental health intervention. In doing so, BPD could reduce their recidivism of calls, keep people out of jail who did not need to be there, and keep people out of emergency rooms. The Coalition had nineteen participating organizations and Chief Stringer further detailed how they were a good resource. Aside from the Strategic Plan, Chief Stringer listed the additional changes BPD made: • Special Investigations Division; • Regular Command and Senior • Defensive Tactics Program; Command Staff meetings; and • Notification of all Uses of Force to the • Nuisance Abatement Efforts with Code Chief of Police; Enforcement. In conclusion, the results of the Strategic Plan thus far were listed as the following: City Council Regular Meeting Minutes October 27,2022 Page 9 of 21 • Greater internal accountability and mission focus; • BPD received regular compliments via social media, emails, and phone calls; • Reduction in excessive force complaints since implementation(zero to date); • Expanded law enforcement and community partnerships; • Expanded use of technology to investigate and reduce crime; • Improved communication and information sharing with the community; and • Improved officer resiliency and mental wellness. With BPD raising their standards on trainings, Mayor Pro Tern Johnson questioned how well their pay ranked in Texas. As of that moment, Chief Stringer replied BPD was the second agency in Texas for pay. Mayor Pro Tern Johnson wished the public to know, as they were asking a lot from their officers, the City was rewarding and compensating them. Chief Stringer expressed his appreciation to Council for standing behind their department. Council Member Alvarado additionally noted BPD had an event coming up on November 5, 2022. Chief Stringer responded that event was Citizen Appreciation Day and would be in Town Square from 11:00 A.M. to 4:00 P.M. Mayor Capetillo also commended the Chief for his leadership and progressing BPD forward. b. Receive an update from Best Trash, LLC, regarding proposed changes to the waste collection and recycling schedules as they transition service from Waster Management of Texas, Inc., pertaining to the Annual Residential Solid Waste Collection, Disposal, and Recycling Services Contract. After Council authorized the contract with Best Trash, Public Works and Engineering Director Frank Simoneaux shared he had been working to make sure there was a smooth transition for December 1st. He introduced Mr. Matthew May with Best Trash to give an update on that transition. Mr. May reported everything had been going smooth as far as getting the equipment for the transition. In fact, Best Trash already received fifteen loads of carts at one of their staging areas. Mr. May noted those would continue to come in multiple loads on a daily basis. Best Trash was scheduled to start the delivery next Tuesday for recycle carts and would attempt to coordinate with Waste Management. Best Trash would similarly communicate with Waste Management regarding the dumpster swap out at the City facilities which he also expected to go over smoothly. Mr. May further informed Council they have gotten more than half their trucks and the rest were scheduled to be there in time for the contract. Most of their drivers were hired, in training, and would run the delivery cruise for the carts. Best Trash just got their fourth delivery trailer and were ordering another three-quarter-ton crew cab truck for a new supervisor who's main focus would be Baytown. Mr. May stated they would be able to run four delivery crews and did not anticipate any issues with getting all the carts out in time. Thus, carts and equipment were on schedule. Best Trash also worked with City Staff on the mapping and Talking Trash. Mr. May commended Public Information Coordinator Jason Calder for helping design their flyers and hangers. He additionally thanked Public Works and Engineering Staff for helping organize the mapping and scheduling. Moreover, Mr. May displayed their Talking Trash flyer which listed the following information: • November 1 -21: Best Trash recycle and trash bins would be delivered; • November 29: Last Waste Management trash service day; • November 29—December 13: Waste Management recycle bins picked up; and City Council Regular Meeting Minutes October 27,2022 Page 10of21 • December 1: First Best Trash service day. The back of their flyer would have a map of their pick-up schedule as well as their cart hangers. Their trash service would start at 7:00 A.M., and he requested every resident to have their trash out by that time. Best Trash and the City were able to get everything scheduled which only affected approximately 10% of the City. Mr. May explained that 10% were residents located west of SH- 146 and west of Spur 330. Those residents would have new trash collection days on Tuesdays and Fridays, and three less collection day interruptions for Memorial Day, Labor Day, and Thanksgiving. In summary, everything on their end was on schedule and ready to go. He lastly commended Staff for helping in the transition and opened the floor to Council's questions. Mayor Pro Tern Johnson questioned if Best Trash would circle back, if called, for residents that would not remember to get their trash out. Mr. May replied they had precautions to keep that to a minimum, but they should be able to accommodate everybody in the first few weeks. Mayor Pro Tern Johnson additionally appreciated Best Trash for the holidays. Council Member Alvarado extended her appreciation to City Manager Rick Davis and Staff. She had presented the matter to her Civic Association who requested to see the carts before their distribution. Mr. Simoneaux noted the locations the carts could be viewed were the Community Center, Utility Billing, and the Library. Another concern of the Association was because their bill would remain the same, what would be done with those funds? Mr. Simoneaux replied that would show up on the Sanitation Fund to make sure it was self-sustaining.The savings could also help fund the Green Center North. Council Member Lester was unaware of the fact that residents would not get a savings reduction. Mr. Davis noted that was a separate policy discussion. As Council would like another Green Center, his recommendation was to have that policy discussion at their retreat. He did not recommend they do that on day one. Mayor Capetillo shared that misunderstanding with Council Member Lester, and agreed to have that discussion at a later date. The rest of Council agreed. 7. PROPOSED ORDINANCE a. Consider an ordinance amending Chapter 118 "Signs," Division IV "Permits," Section 118-139 "Political Signs" to designate voting period sign placement location areas and adopt the Voting Period Sign Locations Designation Diagram for Baytown City Hall Annex. City Attorney Scott Lemond opened the item by relaying the Legal Department was asked to look at electioneering in the form of sign placement. Thus, Legal brought forward a request to amend their ordinance concerning such matter. Staff looked at current Supreme Court and Federal Court cases as well as the Texas Election Code. Their intent was to ensure citizens had the ability to exercise their first amendment right in a way that: 1) promoted the welfare, health, and safety of the City; 2) aided in the early evaluation of compliance with their ordinances; and 3)regulated the time, place, and manner in which people were allowed to electioneer in the context of the current election code. Staff had taken out references deemed unconstitutional, such as "political signage." The ordinance was framed in terms consistent with the election code which included electioneering. Mr. Lemond noted one form of electioneering was the placement of signs. The Election Code allowed the City to place reasonable restrictions on the time, place, and manner in City Council Regular Meeting Minutes October 27,2022 Page 11 of 21 which people posted signs. As an exhibit to the proposed amendment, Mr. Lemond provided a map for the placement of signs at City Hall. Citizens could post their signs a week before early voting and a week before the regular voting period. He assured it allowed for the movement of traffic and allowed electioneering to occur outside of the 100 foot radius in the Election Code. A motion was made by Council Member Chris Presley and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,246, related to Item 7.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 ORDINANCE NO. 15,246 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, SUBPART B "LAND DEVELOPMENT CODE," CHAPTER 118 "SIGNS," ARTICLE II "ADMINISTRATION," DIVISION 4 "PERMITS," SECTION 118- 139 "POLITICAL SIGNS;" PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider an ordinance approving a Pilot Operating Agreement with Bird Rides,Inc., to establish interim rules and regulations governing the pilot operation of a Stand-Up Electric Scooter Sharing System within the City of Baytown. Assistant City Manager Jason Reynolds presented the item to Council and noted the program had been previously presented in July. On that day, however, Staff was proposing a Pilot Operating Agreement with Bird Rides, Inc. He briefly reintroduced the company and commented over their economic impact. In 2021, $100 million was spent by Bird riders at local shops and restaurants. In addition to that,Bird Rides would hire a local run operator to run their system throughout Baytown. The City would receive 100 per every ride and would partner with Bird Rides to identify zones. As they explore further in to the pilot program, the City could identify if an area needed to be a slow zone or completely off-limits. The City would start with 100 scooters and the demand would keep that fluctuating. The proposal had no investment required from the City, and Baytown would have a dedicated account manager.The City would also have access to a data dashboard that would be helpful for economic development. Bird Rides was looking at launching the scooters in 2023, and requested approval of the pilot program which Council could cancel with a thirty day notification. Mayor Capetillo questioned if the scooters could be geofenced. Mr. Reynolds confirmed they could and suggested a committee of Council could help him identify those areas. In regards to City Council Regular Meeting Minutes October 27,2022 Page 12 of 21 receiving 100 per ride for transportation development, Mayor Pro Tem Johnson questioned if that could be used for sidewalks. Mr. Reynolds noted it would be used for any transportation project currently underway as that was how it was written in the agreement. Council Member Lester questioned where the scooters would be placed. (Zoom) Mr. Mike Butler from Bird replied they had not fully identified every location and offered to work with City Staff, local organizations, and property owners to identify locations. Bird Rides could also adjust deployment locations as needed. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,247, related to Item 7.b. 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 ORDINANCE NO. 15,247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A PILOT OPERATING AGREEMENT WITH BIRD RIDES, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. PROPOSED RESOLUTION a. Consider a resolution granting the petition for the proposed annexation of approximately 11.19 acres of land, generally located along Blue Heron Parkway between Barkaloo Road and Crosby Cedar Bayou Road. Planning and Development Director Martin Scribner introduced the item as a petition for an annexation of eleven acres on the south side of Blue Heron Parkway. Council Member Presley questioned if the annexation would come in as Open Space/Recreation (OR). Mr. Scribner confirmed that was correct. Council Member Presley further inquired if Mr. Scribner anticipated there would be rezoning in the future. If so,what did he anticipate that rezoning to be?Mr. Scribner did anticipate a rezone for Medium Density Mixed Residential (MF1), i.e. multifamily. A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tern Charles Johnson to approve Resolution No. 2,804, related to Item 8.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 City Council Regular Meeting Minutes October 27,2022 Page 13 of 21 Nays: None Approved RESOLUTION NO. 2,804 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF BARKALOO 55 LIMITED FOR THE PROPOSED ANNEXATION OF APPROXIMATELY 11.19 ACRES,LOCATED GENERALLY ALONG BLUE HERON PARKWAY BETWEEN BARKALOO ROAD AND CROSBY CEDAR BAYOU ROAD AND LEGALLY DESCRIBED AS THE EASTERN PORTION OF A LARGER TRACT SITUATED IN THE J.W. SINGLETON SURVEY, ABSTRACT 709, AND THE DAVID MCFADDEN SURVEY, ABSTRACT 591, HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. DISCUSSIONS a. Discuss and clarify City Council Rules of Procedure Section 5.5 "Points of Order" and Section 6.2(e) "Citizen Communications," subsection 1.b. Council Member Presley shared he had requested the item to clarify Section 5.5 "Points of Order" and Section 6.2(e) subsection 1.b. "Citizen Communications." He believed it was important Council to know that appeals on Points of Order could be put to a vote per the Rules of Procedure. The Rules of Procedure also allowed Council to make inquires of citizens at the end of any Citizen Communications item. Council Member Presley noted there was a precedent for that as Council utilized that privilege at the Council Meeting on September 8, 2022. He described the instance to Council and made note of another instance on the Council Meeting of June 9, 2022. With that, he requested to the City Attorney that the rules be understood and applied equally. City Attorney Scott Lemond clarified the presiding officer of the Council may hear an appeal on a Point of Order. If that appeal was not sustained, any Council Member may call for a vote to discuss what would happen on that Point of Order. If the majority of Council voted no, the ruling of the Chair would be overruled. If they voted yes, it would be sustained. Mayor Capetillo appreciated the clarification and stated that would be the practice of Council moving forward. 10. CONSENT A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 10.a. through 10.p.,with the exception of Items 10.k., 10.1., and 10.o. that were pulled for discussion. 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 October 27,2022 Page 14 of 21 Nays: None Approved a. Consider an ordinance authorizing the fmal payment under a development agreement for the addition of a traffic signal at Country Club Drive and West Baker Road. ORDINANCE NO. 15,248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING THE FINAL PAYMENT UNDER A DEVELOPMENT AGREEMENT TO D.R. HORTON, INC., IN THE AMOUNT OF ONE HUNDRED FIFTY-SEVEN THOUSAND EIGHT HUNDRED, EIGHTY-EIGHT AND NO/100 DOLLARS ($157,888.00) FOR THE CITY'S PORTION FOR THE ADDITION OF A TRAFFIC SIGNAL AT COUNTRY CLUB DRIVE AND WEST BAKER ROAD; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consideration of an ordinance authorizing Deductive Change Order No. 7 for the reconstruction of Rollingbrook Drive Project. ORDINANCE NO. 15,249 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING DEDUCTIVE CHANGE ORDER NO. 7 WITH GULF COAST, CRH, F/K/A ANGEL BROTHERS ENTERPRISES, LTD, FOR THE RECONSTRUCTION OF ROLLINGBROOK DRIVE (DECKER DRIVE TO GOOSE CREEK) PROJECT, DECREASING THE CONTRACT AMOUNT BY SEVENTY-SEVEN THOUSAND FOUR HUNDRED FORTY-ONE AND 34/100 DOLLARS ($77,441.34); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing acceptance and release of retainage to Angel Brothers Enterprises, Ltd. for the completion of the Reconstruction of Rollingbrook Drive Project. ORDINANCE NO. 15,250 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE RECONSTRUCTION OF ROLLINGBROOK DRIVE (DECKER DRIVE TO GOOSE CREEK) PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED THIRTY-THREE THOUSAND TWO HUNDRED THIRTY-ONE AND 48/100 DOLLARS ($133,231.48) TO GULF COAST, CRH, F/K/A ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTWE DATE THEREOF. City Council Regular Meeting Minutes October 27,2022 Page 15 of 21 d. Consideration of an ordinance authorizing Deductive Change Order No. 3 for the Neighborhood Street Reconstruction Project for Allenbrook Drive from W. Baker Road to Dead End and Edgebrook Drive from Birdsong Drive to Allenbrook Drive. ORDINANCE NO. 15,251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING DEDUCTIVE CHANGE ORDER NO. 3 WITH SER CONSTRUCTION PARTNERS, LLC, FOR THE NEIGHBORHOOD STREET RECONSTRUCTION OF ALLENBROOK DRIVE (W. BAKER ROAD TO DEAD END) AND EDGEBROOK DRIVE (BIRDSONG DRIVE TO ALLENBROOK DRIVE) PROJECT, DECREASING THE CONTRACT AMOUNT BY SEVEN THOUSAND TWO HUNDRED TWENTY-THREE AND 38/100 DOLLARS ($7,223.38); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing acceptance and release of retainage to SER Construction Partners, LLC,for the completion of the Neighborhood Street Reconstruction Project, Allenbrook Drive from W. Baker Road to Dead End and Edgebrook Drive from Birdsong Drive to Allenbrook Drive. ORDINANCE NO. 15,252 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE NEIGHBORHOOD STREET RECONSTRUCTION OF ALLENBROOK DRIVE (W. BAKER ROAD TO DEAD END) AND EDGEBROOK DRIVE (BIRDSONG DRIVE TO ALLENBROOK DRIVE) PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED SEVENTY-NINE THOUSAND TWO HUNDRED TWENTY AND 82/100 DOLLARS ($179,220.82)TO SER CONSTRUCTION PARTNERS, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider ordinance authorizing a contract with HTS,Inc.utilizing Co-Op Buy Board #631-20 to upgrade HVAC system at the Municipal Service Center as part of the Phase II Remodel Project. ORDINANCE NO. 15,253 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-EIGHT THOUSAND SIX HUNDRED FIFTY-FOUR AND NO/100 DOLLARS($68,654.00)TO HEAT TRANSFER SOLUTIONS, INC. A/K/A HTS,THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE UPGRADE OF THE HVAC SYSTEM AT THE MUNICIPAL SERVICE CENTER AS PART OF THE PHASE II REMODEL PROJECT FOR THE PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS City Council Regular Meeting Minutes October 27,2022 Page 16 of 21 RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance granting a pipeline permit to Wink to Webster Pipeline,LLC for one 36-inch pipeline. ORDINANCE NO. 15,254 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING A PIPELINE PERMIT TO WINK TO WEBSTER PIPELINE, LLC, TO INSTALL ONE NEW 36-INCH PIPELINE; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE ACTING DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance renewing the Annual Repair Clamps Contract with ACT Pipe and Supply, Inc. ORDINANCE NO. 15,255 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF THE ANNUAL REPAIR CLAMPS CONTRACT WITH ACT PIPE & SUPPLY, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED EIGHT THOUSAND SIX HUNDRED EIGHTY-EIGHT AND 88/100 ($108,688.88); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing the purchase of Twenty-Four (24) sets of bunker gear from Casco Industries, Inc., through the Texas Local Government Purchasing Cooperative (BuyBoard) for the Fire Department. ORDINANCE NO. 15,256 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-THREE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($73,200.00) TO CASCO INDUSTRIES, INC., THROUGH THE TEXAS LOCAL., GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF TWENTY-FOUR (24) SETS OF BUNKER GEAR FOR THE FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing an Interlocal Agreement with the Municipal Development District for Art in the Park. City Council Regular Meeting Minutes October 27,2022 Page 17 of 21 ORDINANCE NO. 15,257 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR ART IN THE PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing an Interlocal Agreement with the Municipal Development District for funding a new 18-hole disc golf course to be constructed on the Parks property located at the northwest intersection of J.B. Lefevre and Market Street. Council Member Lester commented his appreciation for Parks and Recreation. Parks and Recreation Director Clifford Hatch appreciated the sentiment and presented the item to Council. The new disc golf course would be located on Market Street and J.B. Lefevre Road. Mr. Hatch noted it would be eighteen holes and also their first completely wooded course. The City would use the same designer from Evergreen Park and hoped to attract state level tournaments. For Item 10.1., Mr. Hatch explained that was for the shade structures over the basketball courts at Bergeron and Allenbrook Park as well as over the playground unit at Central Heights Park. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tem Charles Johnson to approve Ordinance No. 15,261 and Ordinance No. 15,262, related to Items 10.k. and 10.1. 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 ORDINANCE NO. 15,261 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING A NEW 18-HOLE DISC GOLF COURSE TO BE CONSTRUCTED ON THE PARKS PROPERTY LOCATED AT THE NORTHWEST INTERSECTION OF J.B. LEFEVRE AND MARKET STREET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing an Interlocal Agreement with the Municipal Development District for the purchase and installation of metal shade structures over the City Council Regular Meeting Minutes October 27,2022 Page 18 of 21 basketball courts at Bergeron and Allenbrook Parks, as well as a shade structure over the playground equipment at Central Heights Park. ORDINANCE NO. 15,262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE 1NTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE PURCHASE AND INSTALLATION OF METAL SHADE STRUCTURES OVER THE BASKETBALL COURTS AT BERGERON AND ALLENBROOK PARKS, AS WELL AS A SHADE STRUCTURE OVER THE PLAYGROUND EQUIPMENT AT CENTRAL HEIGHTS PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing an Interlocal Agreement with the Municipal Development District for improvements to the Baytown Sports League Facilities. ORDINANCE NO. 15,258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR IMPROVEMENTS TO THE BAYTOWN SPORTS LEAGUE FACILITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing an agreement extending JSW Steel (USA) Inc.'s 2015-2021 Industrial District Agreement with the City of Baytown through April 30,2023. ORDINANCE NO. 15,259 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT EXTENDING JSW STEEL (USA) INC.'S 2015- 2021 INDUSTRIAL DISTRICT AGREEMENT WITH THE CITY OF BAYTOWN UNTIL APRIL 30, 2023; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing an Industrial District Agreement with PBP, Inc. City Attorney Scott Lemond shared PBP, Inc. had been indebted to the City on their last Industrial District Agreement (IDA). Finance Director Victor Brownlees and Mr. Lemond had been in communication with officials from the company for several weeks. As of that afternoon, those officials promised to send the City a wire transfer for approximately$50,000. Mr. Lemond stated that amount would bring them up to date on their last agreement. Staff requested Council's approval subject to the money coming in. If that did not come in within a reasonable amount of • City Council Regular Meeting Minutes October 27,2022 Page 19 of 21 time,the City would begin the annexation proceedings. Mr. Lemond hoped the City would be able to get that payment back and halt those proceedings to continue with the IDA for the tax years of 2022-2028. Council Member Lester inquired over that"reasonable amount of time."Mr. Lemond replied that would be what Council would consider as reasonable. Council had meetings scheduled for November 22nd and December 8th. If they wished to put a restriction before those two dates or before December 31 st, staff could work within whatever parameters Council would like. A motion was made by Council Member Mike Lester and seconded by Council Member Laura Alvarado to discuss Item 10.o. As Council had their discussion, no vote was taken on the motion. Mr. Lemond gave a further depiction of the sequence of events. PBP purchased property from another company with whom the City had an IDA. The City was notified of that exchange yet did not enter in to a new IDA with PBP. Staff later realized they should have entered in to a completely new agreement. Nevertheless, over the past two years, the company had been paying based on the agreement from whom they bought the assets. Mr. Brownlees believed that company was TGS. The bills were sent to various Industrial District partners last November and December, and were due by the end of January. On the"reasonable amount of time,"Mr. Brownlees suggested another business day, but no more than that. As the company had been in arrears since January, Council Member Lester's position was to start the annexation process. Mr. Brownlees reiterated he gave them until the next day to have the wire in the City's bank account. Mayor Capetillo agreed to the recommendation of their Finance Director for October 28, 2022, at 5:00 P.M. Then,Council could have an item for annexation on November 22nd if needed. Council agreed. A motion was made by Council Member Mike Lester and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,263, related to Item 10.o. 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. 15,263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH PBP, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider an ordinance authorizing an Industrial District Agreement with Trinity Bay Equipment Holdings, LLC. ORDINANCE NO. 15,260 City Council Regular Meeting Minutes October 27,2022 Page 20 of 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH TRINITY BAY EQUIPMENT HOLDINGS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 11. APPOINTMENTS a. Consider one (1) appointment to the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPEMSD) board. Mayor Capetillo sought to appoint Mr. Larry Hollaway, and thanked Ms. Brenda Bradley-Smith for her many years of service. A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member Chris Presley to approve Mr. Larry Hollaway as the Mayor At Large appointment to the Baytown Fire Control, Prevention, and Emergency Medical Services District. 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 12. MANAGER'S REPORT City Manager Rick Davis gave a shout out to the Human Resources Department for presenting a retirement information seminar. Judge Julie Escalante wrote a letter to Mr. Davis that he read aloud. The letter praised the event as well as the Department. Mr. Davis echoed that praise to Human Resources Director Carol Flynt and her Staff. 13. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Jacob Powell regarding projects, programs and events in District No. Five. First, Council Member Powell reported on what was going on in District 5 from Parks and Recreation. The City was continuing with the Perfect Trail project as Council approved additional funding for that in the last month. A good opportunity to check out the improvements at Jenkins Park would be at the Turkey Trout on November 19, 2022. From Public Works and Engineering, District 5 would have intersection improvements at I-10 and Sjolander. The City was 60% done with that design. For projects in construction, Lincoln Cedars and Julie Ann Villa drainage City Council Regular Meeting Minutes October 27,2022 Page 21 of 21 improvements were 90%complete.Council Member Powell noted those were estimated to be done by the end of December. Lastly,Savell Drive replacement in Whispering Pines was 33%complete. 14. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Sections 551.071 and 551.087 of the Texas Government Code to consult with the City's attorney(s), and deliberate regarding economic development negotiations. b. Recess into and conduct an executive session pursuant to Section(s) 551.071 and/or 551.072 of the Texas Government Code to seek the advice of the City's attorneys to deliberate a real property exchange with Goose Creek Consolidated Independent School District (GCCISD) for municipal purposes or for a development project. c. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding the City of Baytown's relocation policy. At 8:10 P.M., Mayor Capetillo recessed and convened in to an executive session pursuant to: 1) Sections 551.071 and 551.087 of the Texas Government Code to consult with the City's attorney(s), and deliberate regarding economic development negotiations; 2) Section(s) 551.071 and/or 551.072 of the Texas Government Code to seek the advice of the City's attorneys to deliberate a real property exchange with Goose Creek Consolidated Independent School District (GCCISD) for municipal purposes or for a development project; and 3) Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding the City of Baytown's relocation policy. At 8:52 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. 15. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the October 27, 2022, City Council Regular Meeting at 8:52 P.M. lJ/f� •6�4 aR p T Angela Jack n, City C l �, �; �' City of Baytown \�� n ��/