2022 12 08 CC Minutes, Special MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
December 8, 2022
The City Council of the City of Baytown,Texas,met in a Special Meeting on Thursday,December
8, 2022, at 7:00 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
Sarah Graham Council Member
Kenrick Griffith Council Member
Heather Betancourth Council Member
Jacob Powell Mayor Pro Tem
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 December 8, 2022, City Council Special Meeting with a quorum
present at 7:00 P.M., and with all members present.
The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Alvarado.
1. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Recognize City of Baytown Employees for their Years of Service.
5 YEAR
Karen Anderson, City Attorney, Paralegal
Agnes Mckay, Human Resources, HR Specialist II
Brodrick Thompson, Public Works, Utility Maintenance Specialist
Bryce Perkins, Police, Patrol Officer
Bret Rasch, Police, Patrol Officer
Justin Turpin, Police, Patrol Officer
Ruben Servantes, Public Works, Utility Maintenance Specialist
10 YEAR
Beverly Vercher, Building Services Div., Building Service Inspector I
Jose Gonzales, Parks, Heavy Equipment Specialist I
15 YEAR
Clarence Jones, Fire, Firefighter
Dana Jenkins, Fire, Firefighter
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December 8,2022
Page 2 of 26
Mark Houser, Fire, Firefighter
Norberto Galindo, Police, Police Sergeant
20 YEAR
Steven Jones, Police, Police Sergeant
25 YEAR
Eleazar Arellano, Parks, Crew Leader
30 YEAR
Carol Flynt, Human Resources, Director Human Resources/CS
b. Recognize the Youth Leadership Academy participants.
Library Director Jamie Eustace opened the item introducing Community Engagement Coordinator
Sabrina Martin and Librarian II Catherine Beverly. Ms. Martin relayed they had representatives
from the Fall Youth Leadership Academy present at the meeting. In the past few months, the
students participated in Baytown Bucks, planned an event with Parks and Recreation, had a meet
and greet with Council, and toured the City's street equipment with Public Works.
c. Recognition of City Manager Rick Davis.
Former President of the Baytown Municipal Police Association Bill Nelson opened the item to
comment over City Manager Rick Davis and his partnership with the Baytown Police Department
(BPD). Mr. Davis treated BPD as a partner and developed their relationship based on trust. Mr.
Nelson relayed that relationship allowed BPD and the City to grow even while facing hurdles like
Hurricane Harvey and COVID-19. On behalf of the Baytown Municipal Police Association, he
presented Mr. Davis a small token of their appreciation and wished him well. Former Mayor
Stephen DonCarlos also gave a few words and stated that the City was better off because of him.
Council Member Alvarado then expressed her appreciation for having Mr. Davis as their City
Manager. She shared with the public that Mr. Davis had went over every single Agenda Item with
her on her first few days on Council. In addition to that,she thanked him for making the community
a core in his strategic planning process. Council Member Betancourth similarly thanked Mr. Davis
for the time and effort he had given to the City over the years. The Strategic Plan and process was
his legacy and the City was better off for it. Of all the different projects and policies they worked
on together over the past five years,her favorite was the Parental Leave Policy for City employees.
Mayor Pro Tern Powell expressed it had been a pleasure working with Mr. Davis and thanked him
for all that he did. Council Member Lester reminisced over the time he was Mr. Davis's employee
prior to being elected to Council. He shared Mr. Davis exemplified professionalism in handling
staffing issues, budgetary issues, as well as Council issues. Council Member Lester believed Mr.
Davis had done an excellent job and that he would be successful in whatever he does in the future.
Mayor Capetillo also enjoyed serving with Mr. Davis. With things like the Strategic Plan and the
elevation of their professionals, it made the City a healthier and more credentialed organization.
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December 8,2022
Page 3 of 26
2. ZONING MAP AMENDMENT OF APPROXIMATELY 2.47 ACRES LOCATED
AT 5225 MIDDLETON ST
a. Conduct a public hearing concerning a request to amend the official zoning map to
rezone approximately 2.47 acres located at 5225 Middleton Street from a General
Commercial(GC)to a Mixed Residential at Low to a Medium Densities(SF2)zoning district.
At 7:26 P.M., Mayor Capetillo opened the hearing concerning a request to amend the official
zoning map to rezone approximately 2.47 acres located at 5225 Middleton Street from a General
Commercial (GC) to a Mixed Residential at Low to a Medium Densities (SF2) zoning district.
Planning and Development Assistant Director Chris Chavis summarized the subject matter of the
hearing. The item was for a 2.47-acre tract to be rezoned from GC to SF2 which was supported by
their Comprehensive Plan. By displaying an aerial photo, Mr. Chavis explained residentials were
located on the east end of Middleton Street and that was now transitioning to the west end. He
additionally showed their existing zoning map and noted three parcels on the south end of
Middleton were recently rezoned for a single-family. The Comprehensive Plan indicated there was
a mixed residential use for that street. Mr. Chavis displayed what the map would look like if the
rezone was accepted. SF2 allowed for nine units per acre and that could be detached or attached
units.
At 7:28 P.M.,Mayor Capetillo closed the public hearing concerning a request to amend the official
zoning map to rezone approximately 2.47 acres located at 5225 Middleton Street from a General
Commercial (GC) to a Mixed Residential at Low to a Medium Densities (SF2) zoning district.
b. Consider an ordinance to amend the official zoning map to rezone approximately 2.47
acres located at 5225 Middleton Street from a General Commercial (GC) to a Mixed
Residential at Low to Medium Densities (SF2) zoning district.
A motion was made by Council Member Kenrick Griffith and seconded by Council Member
Heather Betancourth to approve Ordinance No. 15,293, related to Item 2.b. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Heather Betancourth, Mayor Pro
Tern Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Kenrick Griffith did not vote.
Approved
ORDINANCE NO. 15,293
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
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December 8,2022
Page 4 of 26
BAYTOWN TO REZONE APPROXIMATELY 2.47 ACRES LOCATED AT
5225 MIDDLETON STREET, LEGALLY DESCRIBED AS TRACT 2B, THE
HURR ESTATE, BAYTOWN, HARRIS COUNTY, TEXAS, FROM A
GENERAL COMMERCIAL (GC) ZONING DISTRICT TO A MIXED
RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) ZONING
DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND
AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
3. ZONING MAP AMENDMENT OF APPROXIMATELY 35.1 ACRES
GENERALLY LOCATED NEAR 703 HUNT RD, BETWEEN N MAIN ST AND GARTH
RD
a. Conduct a public hearing concerning a request to amend the official zoning map to
rezone approximately 35.1 acres generally located near 703 Hunt Road from a General
Commercial (GC) to a Medium Density Mixed Residential (MF1) Zoning District.
At 7:30 P.M., Mayor Capetillo opened the public hearing concerning a request to amend the
official zoning map to rezone approximately 35.1 acres generally located near 703 Hunt Road from
a General Commercial (GC)to a Medium Density Mixed Residential (MF 1) Zoning District.
Planning and Development Director Martin Scribner summarized the subject matter of the hearing.
The item was a request for the property in question to be rezoned from GC to MF1. The proposed
project would be detached rentals with one big lot of small single-family homes, duplexes, and
sixplexes. All the units would be for rent and managed like an apartment complex. The proposal
included 267 units that would be made up of 91 cottages, 80 duplex units, and 96 sixplex units.
Mr. Scribner noted the Future Land Use Map showed that area as commercial which did allow
zoning that would permit multifamily in certain circumstances. Therefore, due to that recent
change Council approved of, the request did meet the Future Land Use Map requirements.
The current zoning map showed the surrounding areas had MF1, Mixed Uses (MU), and MF2. As
the property was zoned GC, MF1 would fit in with those other areas. However, Council adopted a
policy that discouraged new multifamily within a half mile of existing multifamily. Mr. Scribner
confirmed there were existing multifamily projects within a half mile of the property. Thus, Staff
made a recommendation to the Planning and Zoning Commission for denial based on the lack of
community need. The Planning and Zoning Commission held a public hearing in October where a
few neighbors expressed opposition. Nonetheless, the item continued to November. The
Commission recommended approval and disagreed with Staff on the issue of community need.
Mr. Scribner further noted the applicant discussed with Staff about their desire to apply for a
Planned Unit Development(PUD). A PUD was a type of zoning that would hold the developer to
a higher standard and solidify the proposal as presented. Staff directed the applicant to apply for
an MF1 zoning, but the proposal did not rise to the level of a PUD. Nevertheless, the proposal
before Council was for an MF 1 zoning. Mr. Scribner explained that allowed for anything up to
garden-style apartments at a maximum of fifteen units per acre. Staff believed the applicant fully
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December 8,2022
Page 5 of 26
intended to build what they proposed, but things could happen over time. He reminded Council
Staffs recommendations were made on the uses allowed and not just on what would be proposed.
Mayor Capetillo announced several citizens had signed up to speak on the public hearing.
First to the podium was Mr. Elbert Miller. Mr. Miller's concern was that the thirty-five acres
behind his property would be 75% to 85% concrete. Thus, all the water would go his way. He
informed Council a storm drain was right at his driveway, but it did not adjoin the applicant's
property yet. Mr. Miller questioned if the City would put that in or would the applicant be liable
for that. He additionally questioned if the applicant would put in a privacy fence. Or, would the
detention pond be that privacy fence between the development and their residentials? While the
applicant proposed certain things, Mr. Miller was concerned that those things could be changed.
Ms. Sylvia Foster shared the same concern about flooding. In addition, right next to her property
would be the retention pond. She already battled with mosquitoes,West Nile,and water moccasins.
Ms. Foster also discussed the issue of traffic. Cars sped at seventy or eighty miles an hour and,
because of the s-curve,people could not see. At night,it was awful. However,putting a light would
block residents in. She further questioned the need for the rezone due to the apartments down their
street. With all the units proposed, how would residents get in and out with no other exits?
Former Mayor Stephen DonCarlos then commented the project was not a normal multifamily as it
would be Florida-style cottages. He had visited the applicant's Conroe development and described
it as the most unique multifamily he had ever seen. The largest structure he saw was two-stories
with six apartments, and all the cottages had porches and small lawns. The cottages were family
oriented and had a mix of tenants from retired folks to young professionals. He added it would
also be high-end, multifamily housing. The rents would be substantially more than any other
complex in Baytown at that time. The applicant also agreed to donate the right-of-way for Santavy
and future East Road extensions. Mr. DonCarlos relayed that would help the City with the master
planning of that entire track.Thus,he urged Council to carefully consider the applicant's proposal.
Mr. Tim Crawford, the applicant, then presented a drone video of their project in Conroe and
introduced himself and his company. While Baytown did not want to see rentals, Mr. Crawford
claimed there was a need that would be met. Ms. Tiffany Foster and himself had put together a
housing analysis and presented it to the Planning and Zoning Commission. It was discovered that
Baytown's average rental versus single-family was not any different than the national average.
However, mistakes were made in Baytown by all the multifamily being the same style. Baytown
did not have a lot of middle housing which the Comprehensive Plan called"The Missing Middle."
The Missing Middle consisted of townhomes, condos, patio homes, etc. Mr. Crawford expressed
the Cottage Green, their proposed project, was that Missing Middle. It was a cottage-style living
community with front and back yards on most of their homes. The project would have two-story
products which were intended to create a good look when driving in to the community. One of the
things that allowed them to charge a premium was because the cottages were spread out and
residents would have a sense of space. Mr. Crawford proceeded to talk about their other projects
to note that they moved fast and to list the other things that they could provide Baytown.
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December 8,2022
Page 6 of 26
At 7:51 P.M.,Mayor Capetillo closed the public hearing concerning a request to amend the official
zoning map to rezone approximately 35.1 acres generally located near 703 Hunt Road from a
General Commercial (GC)to a Medium Density Mixed Residential (MF 1) Zoning District.
b. Consider an ordinance to amend the official zoning map to rezone approximately 35.1
acres generally located near 703 Hunt Road from a General Commercial(GC) to a Medium
Density Mixed Residential(MF1) Zoning District.
A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Jacob
Powell to discuss Item 3.b. As Council had their discussion, no vote was taken on the motion.
Council Member Alvarado requested the developer to address drainage. While the pictures of the
proposed development were beautiful, she noted many developments did not plant trees nor
planned for any other type of natural drainage. From Staffs perspective, Planning and
Development Director Martin Scribner replied they would not have all of that detailed as part of
the rezone. From the applicant, Ms. Tiffany Foster responded that they had brought in an Engineer
to talk more about drainage and the pond issue. She informed Council that any development would
plan for everything to be contained onsite. Thus, the development would have detention onsite.
In comparison to their Conroe project,Council Member Lester questioned if there would be similar
acreage. Mr. Tim Crawford replied their Baytown project would be a larger site; however, their
Conroe site had offsite detention. Council Member Lester further inquired and received details on
the detention ponds. Council Member Graham then recalled the surrounding property owners had
asked about a privacy fence to keep their establishment separate. Mr. Crawford stated they would
exceed the City Code requirements. On a separate note, they had a traffic study done at the
Planning and Zoning Commission as well. Hunt Road was underserved and the amount of traffic
their development would bring would not put a dent on what Hunt Road could handle long-term.
Council Member Graham additionally recalled Staff were against the development due to there
not being a need. As there were a lot of rentals in Baytown, she questioned why the applicant
believed there was a need. Mr. Crawford replied, after the Planning and Zoning Commission, he
had ordered a second market study to compare the suburbs of multiple cities. It was extrapolated
that Baytown could handle a thousand now and, over time, another thousand of their style of
multifamily. Moreover, Council Member Graham believed the development looked like housing
for college students. In response, Mr. Crawford shared the demographics of their other
development: 94% had no kids; 78% were single; 74% were with women in the household; and
59% were women-only households. With the singles, 80% were in the 20-59 age category and
45% were 40 plus.
Council Member Betancourth proposed to table the item. She explained Council had access to
information about the project while their new Council Members have not had that level of access.
A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tem
Jacob Powell to suspend Item 3.b. for no later than January 31, 2023. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
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December 8,2022
Page 7 of 26
Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council
Member Mike Lester
Nays: None
Approved
After Item 3.b., Mayor Capetillo took a Point of Privilege to consider the Consent Agenda Items.
4. PROPOSED ANNEXATION OF APPROXIMATELY 11.19 ACRES LOCATED
GENERALLY ALONG BLUE HERON PKWY BETWEEN BARKULOO AND CROSBY
CEDAR BAYOU RD
a. Conduct the second public hearing regarding the proposed annexation of
approximately 11.19 acres, located generally along Blue Heron Parkway between Barkuloo
Road and Crosby Cedar Bayou Road.
At 8:28 P.M., Mayor Capetillo opened the public hearing regarding the proposed annexation of
approximately 11.19 acres, located generally along Blue Heron Parkway between Barkuloo Road
and Crosby Cedar Bayou Road.
Planning and Development Director Martin Scribner summarized the subject matter of the second
public hearing. The item would be part of a rezone that would come before Council next month.
Mr. Scribner noted that was Staff initiated; however, the item was just for the annexation itself.
There would be two more steps after that night, and the rezone would come to Council as well.
At 8:29 P.M., Mayor Capetillo closed the public hearing regarding the proposed annexation of
approximately 11.19 acres, located generally along Blue Heron Parkway between Barkuloo Road
and Crosby Cedar Bayou Road.
b. Consider the first reading of an ordinance for the proposed annexation of
approximately 11.19 acres,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,
located generally along Blue Heron Parkway between Barkuloo Road and Crosby Cedar
Bayou Road.
A motion was made by Mayor Pro Tern Jacob Powell and seconded by and Council Member Mike
Lester to approve Ordinance No. 15,310, related to Item 4.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council
Member Mike Lester
Nays: None
Approved
City Council Special Meeting Minutes
December 8,2022
Page 8 of 26
ORDINANCE NO. 15,310
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 11.19
ACRES OF LAND, LOCATED GENERALLY ALONG BLUE HERON
PARKWAY BETWEEN BARKULOO 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 NO. 709, AND THE DAVID MCFADDEN SURVEY, ABSTRACT
NO. 591, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES
ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR
THE CITY OF BAYTOWN, TEXAS.
5. PROPOSED ANNEXATION OF APPROXIMATELY 19 ACRES LOCATED
GENERALLY ALONG IH-10 BETWEEN GARTH RD AND NORTH MAIN ST
a. Conduct the first public hearing regarding the proposed annexation of approximately
19.86 acres of land,generally located along the north side of IH-10 between Garth Road and
North Main Street.
At 8:31 P.M., Mayor Capetillo opened the public hearing regarding the proposed annexation of
approximately 19.86 acres of land, generally located along the north side of IH-10 between Garth
Road and North Main Street.
Planning and Development Director Martin Scribner summarized the subject matter of the hearing.
The item was the first public hearing and Council would see the second hearing at the next meeting
as well as the first reading. The property would come in to the City as Open Space/Recreation
(OR) and Staff anticipated the owner to apply for Mid-Rise Density Mixed Residential (MF2).
At 8:32 P.M., Mayor Capetillo closed the public hearing regarding the proposed annexation of
approximately 19.86 acres of land, generally located along the north side of IH -10 between Garth
Road and North Main Street.
b. Consider an ordinance authorizing a Services Agreement with Roy Elliott, Lois
Horton,Lynn M.Weiskittel Revocable Trust,and Laura Reyes,for the proposed annexation
of approximately 19.86 acres of land,generally located along the north side of IH-10 between
Garth Road and North Main Street.
A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tern
Jacob Powell to approve Ordinance No. 15,311, related to Item 5.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council
Member Mike Lester
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December 8,2022
Page 9 of 26
Nays: None
Approved
ORDINANCE NO. 15,311
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A SERVICES
AGREEMENT WITH ROY ELLIOTT, LOIS HORTON, LYNN M.
WEISKITTEL REVOCABLE TRUST, AND LAURA REYES FOR THE
PROPOSED ANNEXATION OF APPROXIMATELY 19.86 ACRES OF LAND,
GENERALLY LOCATED ALONG THE NORTH SIDE OF IH-10 BETWEEN
GARTH ROAD AND NORTH MAIN STREET; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
6. EMERGENCY MANAGEMENT UPDATE
a. Receive and discuss a presentation from the Office of Emergency Management
(OEM) regarding the status of the City's Emergency Management Program.
Emergency Management Coordinator David Alamia presented to Council an annual review of the
accomplishments and priorities of the Office of Emergency Management (OEM). First, their
biggest accomplishment was re-staffing their office. Mr. Alamia previously worked as the Deputy
Emergency Manager and their new Deputy was now Mr. Thomas Quinn. Mr. Alamia then
displayed a list of the OEM priorities that they achieved that year which was available in the
packets provided to Council. He presented the following information to Council and the public:
PLANNING
Completed In-Progress
• Health and Medical Annex(ESF 8); • Disaster Debris Management Plan;
• Agriculture and Natural Resources Annex • Hazard Mitigation Support Annex; and
(ESF 11); • Evacuation Support Annex.
• Animal Issues Committee Plan and Animal
Response SOG; and
• Hurricane Response and Recovery Annex.
COMMUNITY OUTREACH
• Monthly LEPC meetings; • Baytown Area Community Advisory Panel;
• Annual Hurricane Preparedness Workshop; • Hurricane Preparedness Packets for Faith-
• Community Emergency Response Team Based Organizations;
(CERT)Training; • Baytown Nature Nurture Fest; and
• Goose Creek Safety and Security Committee • Community Presentations.
Meetings;
CERT TRAINING PROGRAM
• 2 CERT Classes;
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December 8,2022
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• 16 CERT Training Modules: Disaster Preparedness, Disaster Psychology, Medical Treatment,
Search and Rescue, Fire Extinguisher, and Terrorism; and
• 29 CERT Graduates.
DISASTER SUPPLY WAREHOUSE
Completed In-Progress
• Dual Fuel Generator Sent to Auction(due to • Palletized Shelter Cot Ready Kids; and
age); • Purchased New Dual Fuel Generators.
• 2 Generators Serviced by Fire Shop;
• 4 Generators Serviced by Parks; and
• Disposed Freeze-Dried Food and Replaced
with Self-Heating Meals.
CHEMICAL SIRENS
System Overview System Enhancement Requirements
• 22 Sirens; • Control Boards Upgrades;
• 1 Control Unit at EOC; • Radio Upgrades;
• 1 Back-Up Unit at ExxonMobil; and • Battery Replacements; and
• Commander 1 Cloud-Based Remote Access. • Antenna Upgrades.
NOTIFICATION SYSTEMS
• Transitioned from Swift911 to RAVE; • Notification Options: Baytown Alert, Fire
• All Contact and Mapping Data Migrated; Department Advisories,Police Department
• Pricing Remained the same as Swift911; Advisories, and Public Work Advisories; and
• Limited Non-Emergency Messaging; • Live Date-January 2023
EOC ACTIVATIONS
• Rail Car Leak; • Juneteenth Celebration;
• Invest 95L/Flash Flooding; • July 4th Celebration; and
• Tabbs Bay Oil Spill; • Grito Fest.
• Battleship Texas;
TRAININGS & EXERCISES
Exercises Trainings
• Baytown Hurricane Tabletop Exercise; • EOC 101 Training;
• Exxon Hurricane Tabletop Exercise; • Debris Management;
• Standard Response Model Reunification; • G-300 Intermediate ICS;
• GCCISD Joint Active Shooter Tabletop; • G-191 EOC-ICS Interface; and
• Baytown Public Information Officer and JIC • National Emergency Management Advanced
Workshop; Academy.
• CIMA Zone 4 and La Porte Shelter-in-Place
Drill; and
• Enterprise Products Pipeline Drill.
RECOVERY AND MITIGATION
FEMA Public Assistance Hazard Mitigation Assistance
• DR 4332 Harvey • GLO LHMPP($75,000);
- 1 Project Opened • BRIC Mitigation Plan($80,000);
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December 8,2022
Page 11 of 26
— Withdrew Lift Station projects due to • HMGP Fire Public Education Project; and
costs from FEMA requirements. • HMGP Fire Warning Sign Project.
• DR 4586 Winter Storm
— Submitted appeal for Force Account
Labor($230,957.11).
• DR 4485 COVID-19
— Withdrew application and used other
COVID funds.
2022 BY THE NUMBERS
• 6 Public Education and Outreach Events; • 18 Residential Board and Care Licenses
• 6 Emergency Plans Updated; Issued;
• 7 EOC Activations and Monitoring Incidents; • 33 EM Meetings with City Departments;
• 7 Trainings Instructed, Hosted, or Attended; • 56 EM Meetings with External Agencies;
• 8 Exercises Conducted or Attended; • 60 Communication Drills; and
• 17 LEPC and Industry Meetings; • 250 E-Notify Industrial Notifications.
To end his presentation,Mr. Alamia opened the floor to questions and comments. Council Member
Alvarado expressed it was alarming that not a lot of people had the City's Swift911 activated. She
appreciated OEM for their community engagement and stressed the importance of having the app.
Mr. Alamia noted they had an Integrated Public Alert Warning System (IPAWS). Thus, OEM
could reach those that were not registered by using that.The other option was that their new system
allowed for multiple ways to register. In fact,people could register by just sending a text message.
7. PROPOSED ORDINANCE
a. Consider an ordinance authorizing a Tax Abatement Agreement with Port 10
Intermodal, LLC.
Mayor Capetillo announced a citizen, Mr. David Isaac, signed up to speak on the item.
Mr. Isaac had never heard of Port 10 Intermodal and expressed the abatement of about$26 million
sounded like a handout. He noted a lot of people were hurting from COVID-19 and the mall
situation with the $16 million abatement. He asked how long would the City continue to give
money away in that way. He believed Port 10 Intermodal should deliver something that would
benefit the City in wholesale or fit in to the Strategic Plan. With that, Mr. Isaac requested Council
to vote against the abatement unless there was a good reason to approve it.
Mayor Capetillo then made note of a revision to Port 10's Tax Abatement application that was
requested by the company. Although the cover letter correctly stated that the new building would
be 451,008 square feet, the actual application incorrectly stated the building was 294,323 square
feet.The City received the confirmation with the company that the new building would,in fact,be
451,008 square feet. Also, the City's notice of the meeting stated the correct square footage.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Heather Betancourth to approve Ordinance No. 15,312, related to Item 7.a. The vote was as
follows:
City Council Special Meeting Minutes
December 8,2022
Page 12 of 26
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council
Member Mike Lester
Nays: Council Member Sarah Graham and Council Member Kenrick Griffith
Approved
ORDINANCE NO. 15,312
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A TAX ABATEMENT
AGREEMENT FOR CERTAIN TAXABLE PROPERTY LOCATED WITHIN
THE PORT 10 LOGISTICS REINVESTMENT ZONE WITH PORT 10
1NTERMODAL, LLC; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider an ordinance amending Chapter 2 "Administration," Article V "Finance,"
Division 1, "Generally," Section 2-595(6), "Engineering services," of the Code of
Ordinances, Baytown, Texas, for GIS As-Built Verification.
Civil Design Engineer Juan Macias opened the item considering an amendment to Chapter 2 of
the City ordinance regarding the Geographic Information System (GIS) bill fees. When a new
subdivision was built, the City needed GIS information for the new infrastructure for record
purposes. Currently,there were two options for the fees. One was for the developer to pay$75 per
lot, and that would be the option the amendment would eliminate. The other option was for the
developer to provide the GIS information and pay $50 per lot which would not change. All the
developers and staff would follow the same process, so the amendment would simplify the process
as there was currently two paths. Mr. Macias ended on the note that staff recommended approval.
Council Member Betancourth wished to verify that the fees were not changing and that Staff would
just be simplifying the process. Mr. Macias clarified they were eliminating one of the fees which
was the $75 per lot. The City was going from two options to one by keeping the $50 per lot.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Heather Betancourth to approve Ordinance No. 15,313, related to Item 7.b. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council
Member Mike Lester
Nays: None
Approved
City Council Special Meeting Minutes
December 8,2022
Page 13 of 26
ORDINANCE NO. 15,313
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V
"FINANCE," DIVISION 1 "GENERALLY," SECTION 2-595, "FEES FOR
VARIOUS CITY SERVICES," SUBSECTION 6 "ENGINEERING SERVICES,"
OF THE CODE OF ORDINANCES, BAYTOWN,TEXAS, BY DELETING THE
FOLLOWING ACTIVITY AND FEE OPTION: "GIS DEVELOPMENT AS-
BUILT VERIFICATION FOR SUBDIVISION PLATS THAT ARE NOT
SUBMITTED IN A GEOGRAPHIC (AL) INFORMATION SYSTEMS
FORMAT" AT $75.00 PER LOT, PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
c. Consider an ordinance awarding a professional services agreement to Development
Counsellors International for work associated with the Baytown Image Research and
Marketing Strategy.
Public Affairs Director Thomas Reeves presented to Council the Baytown Image Research and
Marketing Strategy. As part of the budget process, Council adopted $150,000 for the project and
Staff went out for a Request for Proposal(RFP)in October.A month later,the City received twelve
proposals. Mr. Reeves convened a Selection Committee of three individuals from the City and two
from outside. They shortlisted and interviewed five teams before landing on Development
Counsellors International (DCI). Thus, Staff requested Council to adopt a contract with DCI.
Mr. Reeves relayed there were three stages of the project. The first was research. Mr. Reeves did
not want to spend taxpayer dollars on advertising until they knew what their message was and who
was their audience. Through an extensive community engagement process, they would answer the
question: Why Baytown? Why live, work, develop, invest, and visit here? The three stages of the
project were as follows:
1. Market Research (January-March 2023)
- Immersion Tour;
- External Perception Study;
- Community Engagement (surveys, intercepts, focus groups);
- Existing Research Review; and
- SWOT Analysis.
2. Brand Identity and Messaging(March-June 2023)
- Brand Audit;
- Target Audience Identification;
- Brand Promise;
- Key Messages; and
- Messaging Collateral.
3. Marketing Blueprint(June-September 2023)
- Marketing Strategy and Implementation Plan;
- Timeline;
- Budget; and
City Council Special Meeting Minutes
December 8,2022
Page 14 of 26
- Key Performance Indicators.
Mr. Reeves relayed it was roughly an eight-month process that would being in January of next
year. Staff would come back before the end of the fiscal year to let Council know what the program
uncovered and what their next steps would be after the action item and implementation plan.
At 8:49 P.M., Council Member Kenrick Griffith stepped out of the meeting and later returned at
8:53 P.M.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Heather Betancourth to approve Ordinance No. 15,314, related to Item 7.c. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Heather Betancourth, Mayor Pro
Tem Jacob Powell, and Council Member Mike Lester
Nays: None
Other: Council Member Kenrick Griffith(Not Present)
Approved
ORDINANCE NO. 15,314
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH
DEVELOPMENT COUNSELLORS INTERNATIONAL FOR WORK
ASSOCIATED WITH THE BAYTOWN IMAGE RESEARCH AND
MARKETING STRATEGY; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY
THOUSAND AND NO/100 DOLLARS ($150,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
8. DISCUSSIONS
a. Receive a presentation from the City Manager to review the progress of the City's
first Strategic Plan.
City Manager Rick Davis opened the item presenting the Strategic Plan Accomplishment Report.
Image and Infrastructure Community Neighborhood Operation
Reputation and Mobility Amenities Quality Excellence
City Council Special Meeting Minutes
December 8,2022
Page 15 of 26
Initiatives 4
4
ti
■Completed
•In-Progress 14
Strategies
�`. 20". 1
1110
■Completed
•In-Progress 39
Mr. Davis relayed the data was out of the hundreds of initiatives, ideas, and directives shared with
the City from their citizens. The first directive identified by the Strategic Planning Advisory
Committee (SPAC) was community image and reputation. While there were several initiatives
implemented, Mr. Davis highlighted three initiatives for each of the following directives:
Image and Reputation Neighborhood Quality
1. The Hotel and Convention Center; 1. Enhancing citizen engagement;
2. Evolving Public Affairs; and 2. Implemented measures to enhance
3. Building relationships to attract high- neighborhood beauty; and
quality housing and incentivizing master 3. Continued investment in the Art,
planned communities. Entertainment, and Cultural (ACE)
District.
Infrastructure and Mobility
1. Developed a budgetary practice of Operation Excellence
investing in the City's capitol; 1. Bolstered customer service;
2. Expanding pedestrian and mobility 2. Better utilizing technology, such as
options; and Baytown Engage; and
3. Addressed chronic flooding in flood 3. Generating public-private partnerships
prone areas. for the new Public Safety Campus.
Community Amenities
1. Bringing golf back to Baytown;
2. Creating a revitalization plan for Market
Street; and
3. New Agreement to redevelop the San
Jacinto Mall.
While correlation was not causation, Mr. Davis presented the chart below which showed how
successful the City had been. He additionally displayed other scores from their citizen surveys
which similarly showed Baytown's satisfaction scores exceeding the average of the United States.
City Council Special Meeting Minutes
December 8,2022
Page 16 of 26
Overall Satisfaction Index - 2016 to 2021
103 103
105 100 102 101 100 - 2016
100 .4_r 95 96 ■2017
95 93 93
'`"` :::
85 ■2021
Baytown US Average
Mr. Davis ended his presentation advising Council to not neglect, abandon, nor distance
themselves from the Strategic Plan. It was a guide that would magnify the impacts they would
have on the community if Council continued to utilize it. Mr. Davis thanked Council for the
privilege of serving them and looked forward to hearing many good things from Baytown.
9. CONSENT
A motion was made by Council Member Mike Lester and seconded by Council Member Heather
Betancourth to approve Consent Agenda Items 9.a. through 9.s., with the exception of Items 9.m.,
9.p., 9.q., and 9.s. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council
Member Mike Lester
Nays: None
Approved
After the motion to approve the Consent Agenda, Mayor Capetillo proceeded to Item 9.o.
a. Consider an ordinance awarding a Professional Services contract to Kimley Horn &
Associates,Inc for On Call Engineering Services to assist the Public Works and Engineering
Department in plan reviews and miscellaneous engineering services.
ORDINANCE NO. 15,294
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE AGREEMENT FOR PROFESSIONAL
SERVICES WITH KIMLEY-HORN AND ASSOCIATES, INC., TO PERFORM
ON-CALL ENGINEERING SERVICES TO ASSIST THE PUBLIC WORKS
AND ENGINEERING DEPARTMENT IN PLAN REVIEWS AND
MISCELLANEOUS ENGINEERING SERVICES; AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
City Council Special Meeting Minutes
December 8,2022
Page 17 of 26
b. Consider an ordinance authorizing the purchase of one (1) 2022 Model No. 7724
Pipehunter with tandem trailer from Texas Underground, Inc., through BuyBoard for the
Public Works and Engineering Department.
ORDINANCE NO. 15,295
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-SEVEN
THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($77,300.00) TO
TEXAS UNDERGROUND, INC., THROUGH THE TEXAS LOCAL
GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR THE
PURCHASE OF ONE (1) 2022 MODEL NO. 7724 PIPEHUNTER WITH
TANDEM TRAILER FOR THE PUBLIC WORKS AND ENGINEERING
DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
c. Consider an ordinance authorizing the purchase of one (1) Tymco Street Sweeper
Truck from Tymco Inc, through BuyBoard for the Public Works Department.
ORDINANCE NO. 15,296
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED FORTY-
FIVE THOUSAND FIVE HUNDRED FORTY-ONE AND 30/100 DOLLARS
($345,541.30) TO TYMCO, INC., THROUGH THE TEXAS LOCAL
GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR THE
PURCHASE OF ONE (1) TYMCO STREET SWEEPER TRUCK FOR THE
PUBLIC WORKS DEPARTMENT; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Consider an ordinance authorizing the purchase of one (1) Global Street Sweeper
Truck from Texas Pack and Load,through Sourcewell for the Public Works Department.
- ORDINANCE NO. 15,297
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED SIXTY-
ONE THOUSAND EIGHT HUNDRED FIFTY-SIX AND NO/100 DOLLARS
($361,856.00) TO TEXAS PACK + LOAD FOR THE PURCHASE OF ONE (1)
GLOBAL MODEL M4HSD STREET SWEEPER, THROUGH THE
SOURCEWELL COOPERATIVE CONTRACT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
City Council Special Meeting Minutes
December 8,2022
Page 18 of 26
e. Consider an ordinance authorizing the purchase of one(1)Toro 30609 Groundmaster
4000-D Mower from Professional Turf Products LP through the Texas Local Government
Purchasing Cooperative (BuyBoard) for the Parks and Recreation Department.
ORDINANCE NO. 15,298
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED
NINETY-THREE THOUSAND THREE HUNDRED TWO AND 57/100
DOLLARS ($93,302.57) TO PROFESSIONAL TURF PRODUCTS, LP,
THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING
COOPERATIVE (BUYBOARD), FOR THE PURCHASE OF ONE (1) TORO
GROUNDMASTER 4000-D MOWER FOR THE PARKS AND RECREATION
DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Consider an ordinance rejecting all bids for the Annexation Utility Project Package 2.
ORDINANCE NO. 15,299
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REJECTING THE BIDS RECEIVED FOR THE ANNEXATION
UTILITY PROJECT PACKAGE 2; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
g. Consider an ordinance rejecting all bids for the Annexation Utility Project Package 3.
ORDINANCE NO. 15,300
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REJECTING THE BIDS RECEIVED FOR THE ANNEXATION
UTILITY PROJECT PACKAGE 3; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
h. Consider an ordinance authorizing the renewal of the Annual Gasoline and Diesel
Fuel Contract with Gold Star Petroleum, Inc.
ORDINANCE NO. 15,301
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE RENEWAL OF THE ANNUAL GASOLINE
AND DIESEL FUEL CONTRACT WITH GOLD STAR PETROLEUM, INC.;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT
OF ONE MILLION ONE HUNDRED FIFTY THOUSAND AND NO/100
DOLLARS ($1,150,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Special Meeting Minutes
December 8,2022
Page 19 of 26
i. Consider an ordinance authorizing the sole source purchase of Neptune water meters,
parts, and supplies for meter maintenance from Core & Main LP.
ORDINANCE NO. 15,302
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF FOUR
HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00) TO CORE &
MAIN LP FOR THE SOLE-SOURCE PURCHASE OF A NEPTUNE WATER
METERS, PARTS AND SUPPLIES FOR METER MAINTENANCE; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
j. Consider an ordinance authorizing the payment of an annual assessment to the Harris
County Appraisal District.
ORDINANCE NO. 15,303
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT
TO THE HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL
SERVICES FOR THE 2023 TAX YEAR IN AN AMOUNT NOT TO EXCEED
TWO HUNDRED EIGHTY-EIGHT THOUSAND ONE HUNDRED TWENTY-
TWO AND NO/100 DOLLARS ($288,122.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
k. Consider an ordinance authorizing the purchase of backup radio consoles for
Communications, and the licenses necessary to enable encrypted communication on all
Police Department radios.
ORDINANCE NO. 15,304
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED
ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00)
TO MOTOROLA SOLUTIONS, INC., THROUGH THE HOUSTON-
GALVESTON AREA COUNCIL FOR THE PURCHASE OF BACKUP RADIO
CONSOLES FOR COMMUNICATIONS, AND THE LICENSES NECESSARY
TO ENABLE ENCRYPTED COMMUNICATIONS ON ALL POLICE
DEPARTMENT RADIOS; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
1. Consider an ordinance authorizing payment with The Lincoln National Life
Insurance Company as the carrier/administrator for the City of Baytown's long-term
disability benefits.
City Council Special Meeting Minutes
December 8,2022
Page 20 of 26
ORDINANCE NO. 15,305
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE AGREEMENT WITH THE LINCOLN NATIONAL
LIFE INSURANCE COMPANY AS THE CARRIER/ADMINISTRATOR FOR
THE CITY OF BAYTOWN'S LONG-TERM DISABILITY BENEFITS;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED ONE HUNDRED NINETY-EIGHT THOUSAND AND
NO'100 DOLLARS ($198,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
m. Consider an ordinance authorizing payment with United Healthcare of Texas, Inc.,
as the carrier/administrator for the City of Baytown's medical and pharmaceutical claims.
The item was pushed to the City Council Meeting that would be held on December 12, 2022.
n. Consider an ordinance authorizing payment to Stealth Partner Group for services as
the carrier/administrator for the City of Baytown's 2023 stop loss coverage.
ORDINANCE NO. 15,306
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED
TWO MILLION FIFTY THOUSAND AND NO/100 DOLLARS ($2,050,000.00)
TO STEALTH PARTNER GROUP AS THE CARRIER/ADMINISTRATOR
FOR THE CITY OF BAYTOWN'S 2023 STOP LOSS COVERAGE;
AUTHORIZING; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
o. Consider an ordinance authorizing the First Amendment to the Meet and Confer
Agreement with the Baytown Municipal Police Association, Inc.
Mayor Capetillo announced a citizen, Mr. David Isaac, signed up to speak on the item.
In regards to the Baytown Municipal Police Association,Mr. Isaac had been fixated on the process
and was displeased with the item appearing on the Consent Agenda. He noted Council appointed
members from the public to serve on the Baytown Police Advisory Committee (BPAC) and the
Baytown Police Strategic Planning Committee. The City had two different committees that
represented the public while, in the recent campaign season, the Association invested in one or
more Council candidates. Mr. Isaac believed that process belonged to the people and wished there
would be a discussion on how taxpayer lobbying entities were paid. He then listed a few issues
with the Baytown Police Department(BPD) which he believed the public should be involved in.
After Item 9.o., Mayor Capetillo proceeded to consider Item 9.q. before Item 9.p.
ORDINANCE NO. 15,307
City Council Special Meeting Minutes
December 8,2022
Page 21 of 26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE MEET AND
CONFER AGREEMENT WITH THE BAYTOWN MUNICIPAL POLICE
ASSOCIATION, INC.; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
p. Consider an ordinance authorizing the second renewal of the Towing and Storage
Services Contract with Baytown Wrecker Service, Inc.
Council Member Betancourth pulled Items 9.p. and 9.q. because it was the second time those
contracts had come up for renewals since the bid process. She understood staffs recommendation,
but she supported going back to a bid process and questioned if any other Council Member
supported that as well. Council Member Griffith shared he had conversations with people that had
been unhappy with their towing service. Thus, he wished to reconsider the contract. Council
Member Alvarado clarified, while the City chose their wrecker services, constituents could go to
anyone. If they did not choose another service,then the City's would be the one police would call.
Council Member Alvarado then questioned Staff on what satisfactory ratings had been done. City
Manager Rick Davis responded by discussing the City's history with their towing services. Since
pursuing a Request for Proposal(RFP) and securing a provider,the City eliminated the Tow Truck
Committee, moved that out of the City Clerk's Office, and moved it under the police. Mr. Davis's
relayed that had been a tremendous improvement. Also, the RFP process would take time and the
City would need services in that time. Therefore, Mr. Davis advised Council to renew the contract
as it was the final time they could do so. Then, the City could prepare to get their next RFP out.
Police Chief John Stringer noted the City went in to the contract two years ago. Prior to that, they
had a rotating list of multiple wrecker services. The issue with that was their efficiency in clearing
the roadways after a collision. When the wrecker company was unable to respond within a certain
amount of time, it created traffic hazards. Chief Stringer then shared the other issues Baytown
Police Department (BPD) experienced with their previous service providers. When the RFP went
out and the contracts were accepted, BPD had not received any complaints and officers had no
issues clearing the roadways efficiently. He also confirmed that citizens could have their own
towing service and the police would provide a courtesy call through dispatch to get them out there.
Council Member Betancourth clarified she was not suggesting to go back to the old way,but to go
back to the RFP process. She believed it was a healthy practice to make sure they were continuing
to get the best rate and service for the City. She preferred that instead of renewing contracts without
seeing if there was more competitiveness out there. Council Member Lester was not worried about
having the renewal options for two more terms because that was what the contractor provided their
bid initially thinking of. Nonetheless,he agreed the City should not do more than that. He recalled
the complaints in the past were horrendous and constant. So, he questioned if the City got a lot of
complaints and if the company was performing well. Chief Stringer confirmed they were and there
had not been any issues nor complaints that had been made aware of in the Chiefs office.
Mayor Pro Tem Powell had no problem extending for another two years,but he agreed to go back
to the RFP process at some interval. He believed six years was not too long of a time in between
that. With the fact that the fees would be the same,he was comfortable renewing. Council Member
City Council Special Meeting Minutes
December 8,2022
Page 22 of 26
Graham also addressed complaints. If her car was towed, she would be upset at the tow truck
company and would not call the Police Department. She would call the company and she would
assume the company may not relay to the City that they had been getting complaints. She could
see there being a discrepancy on how many complaints the City received versus the company.
Mayor Capetillo was comfortable with a renewal, not for two years, but for one year. He believed
conflict was created when the tow truck company was also owned and operated by the autobody
shop. Mr. Davis confirmed one year would allow Staff the time to put an RFP together. Back to
complaints, Council Member Alvarado recalled the City had audited those towing companies and
one requirement was to submit complaints. She questioned if there was a way for the City to track
that. Mayor Capetillo suggested they give direct complaints to the Texas Department of Licensing
and Regulation (TDLR). Council Member Alvarado agreed with that and having an RFP process.
Mayor Pro Tern Powell questioned if Council could amend that down to a year as the contract
stated it would be a two-year renewal. City Attorney Scott Lemond replied he did have concerns.
As he was not with the City when it happened, he looked for that Invitation for Bid (IFB) to see
exactly what that language was. If it was styled as a two-year contract with two-year renewals,the
answer would be no. With that, Council Member Alvarado suggested to suspend the item. Mr.
Lemond offered to bring the item back to Council at the next Council Meeting in January.
A motion was made by Council Member Sarah Graham and seconded by Council Member Kenrick
Griffith to suspend Items 9.p. and 9.q. until the January 12, 2023, City Council Meeting. The vote
was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council
Member Mike Lester
Nays: None
Approved
After suspending Items 9.p. and 9.q., Mayor Capetillo proceeded to Item 9.s.
q. Consider an ordinance authorizing the second renewal of the Heavy-Duty Towing
and Storage Services contract with Dan Wheeler Wrecker Services, Inc.
Mayor Capetillo announced a citizen, Mr. David Isaac,had signed up to speak on the item.
Mr. Isaac's first question was who would be profiting off the second renewal of the Heavy-Duty
Towing and Storage Services contract? The State of Texas stipulated anybody should be able to
use any towing service. He additionally asked Council when would the public be involved with
who towed their cars? Mr. Isaac stated he had a document of someone who had to pay $1,357 to
the towing company that the City picked. He argued the public needed to be involved in the vendor
process and that there should not be a monopoly on the towing companies of Baytown.
City Council Special Meeting Minutes
December 8,2022
Page 23 of 26
After Mr. Isaac's comments, Mayor Capetillo returned to Item 9.p.
r. Consider an ordinance for the purchase and installation of a basketball court shade
structure at Bergeron Park and Allenbrook Park, by Kraftsman, L.P. through the Texas
Local Government Purchasing Cooperative (BuyBoard).
ORDINANCE NO. 15,308
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED FIFTY-FIVE
THOUSAND SEVEN HUNDRED SIXTY AND 62/100 DOLLARS
($255,760.62) TO 'CRAFTSMAN, LP, THROUGH THE TEXAS LOCAL
GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR THE
PURCHASE AND INSTALLATION OF BASKETBALL COURT SHADE
STRUCTURES AT BERGERON PARK AND ALLENBROOK PARK FOR THE
PARKS AND RECREATION DEPARTMENT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
s. Consider an ordinance to repeal and replace Ordinance No. 15,292 authorizing the
sale of the property located along the north line of the frontage road of SH146,approximately
142.7 feet east of North Main Street, Baytown, TX 77520, Harris County.
Council Member Lester pulled the item to request more information on the property. Assistant to
the City Manager Brian Moran responded that it was a very small parcel of approximately 5,000
square feet north of SH-146 and North Main. The reason the item came back to Council was
because there was a mistake in the buyer's name. Therefore, the item would correct that error.
A motion was made by Council Member Mike Lester and seconded by Council Member Laura
Alvarado to approve Ordinance No. 15,309, related to Item 9.s. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council
Member Mike Lester
Nays: None
Approved
ORDINANCE NO. 15,309
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NO. 15,292 WHICH AUTHORIZED THE
SALE OF APPROXIMATELY 0.1148 ACRES, OR 5,000 SQUARE FEET OF
LAND BEING RESERVE TRACT C 1, BLOCK 5, FAIR PARK EXEMPT,
SITUATED IN THE HARVEY WHITING SURVEY, ABSTRACT NO. 840,
City Council Special Meeting Minutes
December 8,2022
Page 24 of 26
HARRIS COUNTY, TEXAS, TO HARVEY WINDHAM; AUTHORIZING THE
SALE OF APPROXIMATELY 0.1148 ACRES, OR 5,000 SQUARE FEET OF
LAND BEING RESERVE TRACT C 1, BLOCK 5, FAIR PARK EXEMPT,
SITUATED IN THE HARVEY WHITING SURVEY, ABSTRACT NO. 840,
HARRIS COUNTY, TEXAS TO AFZAL SHEKHANI; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
After considering the Consent Agenda, Mayor Capetillo returned to Item 4.a.
10. APPOINTMENTS
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Laura Alvarado to approve the appointments of Ms. Sarah Graham and Mr. Kenrick Griffith to the
Baytown Hospitality Public Facilities Corporation and the Baytown Municipal Development
District, related to Items 10.a. and 10.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council
Member Mike Lester
Nays: None
Approved
a. Consider the appointment of Sarah Graham, City of Baytown Council Member
District No. 2, to fill the unexpired term of former Council Member Chris Presley, and
Kenrick Griffith, City of Baytown Council Member District No. 3,to fill the unexpired term
of former Council Member Charles Johnson to the Baytown Hospitality Public Facilities
Corporation.
b. Consider the appointment of Sarah Graham, City of Baytown Council Member
District No. 2, to fill the unexpired term of former Council Member Chris Presley, and
Kenrick Griffith, City of Baytown Council Member District No. 3,to fill the unexpired term
of former Council Member Charles Johnson to the Baytown Municipal Development
District.
11. MANAGER'S REPORT
City Manager Rick Davis gave a shout out to Assistant City Attorney Jerris Mapes. Police Chief
John Stringer provided Mr. Davis a note he wrote about Ms. Mapes's efforts in assisting the Police
Department in a variety of issues. Mr. Davis also recognized Officer Nicholas Lewin for assisting
a woman in a domestic abuse case.
12. COUNCIL MEMBER DISTRICT REPORT
City Council Special Meeting Minutes
December 8,2022
Page 25 of 26
a. Receive a report from Council Member Laura Alvarado regarding projects,
programs and events in District No. One.
Council Member Alvarado reported she had worked with two neighborhoods along with Staff:
Glen Arbor and Creekwood. They looked at the Pavement Condition Index (PCI) which rated the
quality of the streets. The streets Council Member Alvarado mentioned they looked at and did
work on included: Lloyd Drive which would have two blocks of panels replaced; Grantham Road
which had asphalt patchwork and panels replaced; Pamela Drive would have new panels as well;
and Harold Lane would have asphalt and new panels. The state street at the dead end would also
have at least four panels replaced. Inwood Drive, Colombia Street, and several other blocks would
have various panels replaced as well. All the asphalt work had been completed and the City was
looking to start the concrete work in 2023. Council Member Alvarado expressed her appreciation
to Staff for the work on the projects.
Lastly, Council Member Alvarado discussed over her Civic Associations. The West Baytown
Civic Association and the Southwest Edition wished to thank Officer Thomas King and Corporal
Steve Ocanas for keeping them up to speed on crime and how to mitigate that. She also recognized
Community Engagement Coordinator Sabrina Martin for her work supporting both Associations.
13. 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 551.074 of the Texas
Government Code to deliberate the appointment of an Interim City Manager.
At 9:13 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; and
2) Section 551.074 of the Texas Government Code to deliberate the appointment of an Interim
City Manager.
At 10:05 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. APPOINTMENT OF INTERIM CITY MANAGER
a. Consider the appointment of an Interim City Manager.
A motion was made by Mayor Pro Tern Jacob Powell and seconded by Council Member Sarah
Graham to approve the appointment of Mr. Jason Reynolds as Interim City Manager beginning
January 4, 2023, for thirty (30) days or until a City Manager was under contract. The vote was as
follows:
City Council Special Meeting Minutes
December 8,2022
Page 26 of 26
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council
Member Mike Lester
Nays: None
Approved
15. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the December 8,
2022, City Council Special_ Reing at 10:05 P.M.
+ r
Angela Ja son, C tjrClerl
City of Baytown
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