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2023 01 12 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 12, 2023 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January 12, 2023, at 6:32 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Laura Alvarado Council Member Sarah Graham Council Member Kenrick Griffith Council Member Heather Betancourth Council Member Jacob Powell Mayor Pro Tem Mike Lester Council Member Brandon Capetillo Mayor Jason Reynolds City Manager Scott Lemond City Attorney Angela Jackson City Clerk John Stringer Sergeant at Arms Mayor Capetillo convened the January 12, 2023, City Council Regular Meeting with a quorum present at 6:32 P.M., and with all members present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Graham. 1. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment of a City Manager. At 6:34 P.M., Mayor Capetillo recessed and convened into an executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment of a City Manager. At 6:51 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. 2. MOTIONS a. Consider the appointment of the City Manager. Council Member Alvarado nominated Mr.Jason E.Reynolds to serve as Baytown's City Manager. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tem Jacob Powell to approve the appointment of Mr. Jason E. Reynolds as City Manager. The vote was as follows: City Council Regular Meeting Minutes January 12,2023 Page 2 of 27 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 b. Consider an ordinance authorizing compensation and the Agreement for Professional Services and Employment as City Manager and/or Interim City Manager. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tem Jacob Powell to approve Ordinance No. 15,321, related to Item 2.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 ORDINANCE NO. 15,321 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT AS CITY MANAGER WITH JASON E. REYNOLDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. MINUTES A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth to approve the minutes of Items 3.a.through 3.g., as submitted. 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 Regular Meeting Minutes January 12,2023 Page 3 of 27 a. Consider approving the minutes of the City Council Special Meeting held on November 7,2022. b. Consider approving the minutes of the City Council Special Meeting held on November 16,2022. c. Consider approving the minutes of the City Council Regular Meeting held on November 22, 2022. d. Consider approving the minutes of the City Council Special Meeting held on December 4,2022. e. Consider approving the minutes of the City Council Special Meeting held on December 5, 2022. f. Consider approving the minutes of the City Council Special Meeting held on December 6, 2022. g. Consider approving the minutes of the City Council Special Meeting held on December 8, 2022. 4. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Mr. Jacob Smith with the Best Friends Animal Society has requested to speak to the Council in regard to a proposed Community Cat Program partnership to reduce outdoor cats in the City of Baytown. Mr. Jacob Smith opened the item to provide Council an overview of the Best Friends Animal Society. Best Friends was a national organization and came to Baytown because it was on the list of the top 100 kill shelters in the nation. Mr. Smith shared that, since working with the City, Baytown had moved down that list as Best Friends worked with cities to help reduce cat populations in a humane way. At that time, Baytown did not have a program to deal with feral cats, so the community were doing the Trap-Neuter-Vaccinate-Return (TNVR) Program. As they had only so much funding, Best Friends were at a point to figure out if they would continue to work in Baytown or move on.With that, Mr. Smith yielded his time to his Best Friends colleagues. Mr. Richard Angelo and Mr. Freddy Rodriguez introduced themselves and gave their presentation to Council. In 2019, Baytown's cat intake was at 2,501 and of that number 1,023 cats lost their lives. Mr. Rodriguez explained that meant one out of three cats that entered Baytown's shelter left without no other possible outcome.Thus,Best Friends came before Council so they could continue to partner with the City and citizens to save cats' lives. With regard to their proposed program, Mr. Rodriguez defined a community cat as a domestic cat with no indication of ownership. The program would be a combination of trap, neuter,release(TNR) and shelter, neuter, release(SNR). Mr. Rodriguez shared the following information regarding the current shelter reality in Baytown: • Healthy stray cats were not entering the shelter; • No alternatives were offered to address concerns by community members; City Council Regular Meeting Minutes January 12,2023 Page 4 of 27 • No programming was in place to prevent unwanted stray cats; and • Kitten season increased intake in to Baytown's shelter. The Best Friends' Houston Team had a pilot program in partnership with the City of Baytown's Adoption Center. The program was both coordinated and funded by Best Friends Staff and was a success due to volunteers from Baytown. Mr. Rodriguez stated 231 individual cats did not go in to the shelter to be euthanized because they were vaccinated and released back spayed and neutered. The pilot program was the foundation of what Best Friends was proposing. Mr. Angelo noted Baytown did not SNR as the City went to Best Friends Houston Suite for their services to sterilize and vaccinate. Among the handouts provided to Council were the ordinance revision changes Best Friends proposed and that the Animal Control Advisory Committee reviewed. Mr. Angelo ended their presentation advocating for the implementation of their program. Mayor Capetillo announced a citizen, Ms. Toni Graham, had signed up to speak on the item. Ms. Graham proceeded to share with Council the comments under Best Friends' Facebook ad of the meeting that night. In summary, the commenters discussed the feral cat issue. Ms. Graham, herself, trapped cats to deliver to Best Friends along with her neighbors. She shared one of her neighbors was an elderly couple that TNR'ed out of their own pocket and could no longer do so. With that, Ms. Graham hoped the City would look at the need and start to do something about it. Council Member Graham commented her appreciation for the presentation and hoped Council could get something going sooner rather than later. Council Member Griffith thanked Ms. Toni Graham for educating him and he believed the program would help alleviate the cat situation. Mayor Capetillo also expressed his appreciation to Best Friends and wished to proceed with a data- driven decision. He had a hard time finding the downside of the program and personally supported it. As it was not an action item, Mayor Capetillo hoped that would come before Council soon. 5. PROPOSED ANNEXATION OF APPROXIMATELY 11.19 ACRES LOCATED GENERALLY ALONG BLUE HERON PARKWAY BETWEEN BARKULOO RD AND CROSBY CEDAR BAYOU RD a. Consider the second and final reading of an ordinance for the proposed annexation of approximately 11.19 acres of land, located generally long Blue Heron Parkway between Barkuloo Road and Crosby Cedar Bayou Road. Planning and Development Services Director Martin Scribner presented the item as the final step of an eleven-acre annexation. It would be annexed as Open Space/Recreation (OR) and part of a city-sponsored rezone later that month. Staff looked for Council to finalize and accept the reading. A motion was made by Mayor Pro Tem Jacob Powell and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,310, related to Item 5.a. 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 City Council Regular Meeting Minutes January 12,2023 Page 5 of 27 Nays: None Approved 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. b. Consider an ordinance adding the newly annexed properties generally described as approximately 11.19 acres of land situated in 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 into Council District No. 5. A motion was made by Mayor Pro Tern Jacob Powell and seconded by Council Member Sarah Graham to approve Ordinance No. 15,322, 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 Nays: None Approved ORDINANCE NO. 15,322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,ADDING APPROXIMATELY 11.19 ACRES OF LAND 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, TO COUNCIL DISTRICT NO. 5; REPEALING ORDINANCES INCONSISTENT HEREWITH; City Council Regular Meeting Minutes January 12,2023 Page 6 of 27 CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 6. ZONING MAP AMENDMENT OF APPROXIMATELY 35.1 ACRES GENERALLY LOCATED NEAR 703 HUNT RD, BETWEEN N MAIN ST AND GARTH RD a. 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. Planning and Development Director Martin Scribner opened the item recalling Council had held a public hearing at their December meeting. Since then, Staff had not received any new information. Mayor Capetillo announced two citizens had signed up to speak,but one gave the other their time. Mr. Tim Crawford proceeded to speak and provided Council an excerpt from the Comprehensive Plan regarding the "missing middle" housing. Unfortunately, the applicants had submitted their project as the Comprehensive Plan was being approved. Mr. Crawford assured their project met that guidance and requested approval. It was a missing middle community and not single-family nor traditional multi-family. If approved, they would file their plans immediately. He hoped that would be in January so they could start clearing and grubbing in April or May. Then, they could move people in by the end of the year. Mr. Crawford ended his comments on the note that their project would be a great opportunity for the City and it would follow the City's current policy. While agreeing with the City's distancing guidelines for multi-family properties, Council Member Betancourth believed the proposed development would be the best use for the property. She had preferred it to be General Commercial (GC), but the property owner had told her that would not happen. As the development would not be a traditional apartment complex, Council Member Betancourth supported it. Council Member Lester also understood the City's intent was to stop large blockhouse-type of apartments. Thus,he agreed the development was unique and something that he wanted to see in Baytown. The developer had also assured him the density would be less than ten per acre which was less than their code required.With that in mind,he would be in support. Council Member Graham shared she had been on the fence with the project because of her concerns with more multifamily in Baytown. She noted that what people were asking for was for more retail. However,because Council Member Betancourth spoke with the owner who said there would not be retail, Council Member Graham would also support the project. Likewise, Mayor Capetillo believed the project would be the best fit for the property and would be supporting it. A motion was made by Council Member Heather Betancourth and seconded by Council Member Mike Lester to approve Ordinance No. 15,323, related to Item 6.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester City Council Regular Meeting Minutes January 12,2023 Page 7 of 27 Nays: None Other: Council Member Laura Alvarado (Abstained) Approved ORDINANCE NO. 15,323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BAYTOWN TO REZONE APPROXIMATELY 35.1 ACRES GENERALLY LOCATED NEAR 703 HUNT ROAD, LEGALLY DESCRIBED AS TRACTS 72 PT 15, 16 AND 17, BLOCK 20, HIGHLAND FARMS, BAYTOWN, HARRIS COUNTY, TEXAS, FROM A GENERAL COMMERCIAL (GC) ZONING DISTRICT TO A MEDIUM DENSITY MIXED RESIDENTIAL (MFl) 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. 7. PROPOSED AMENDMENTS TO THE CODE OF ORDINANCES, BAYTOWN, TEXAS a. Consider an ordinance amending Chapter 2 "Administration," Article IV "Boards and Commissions," Division 5 "Community Development Advisory Committee," Section 2- 387 "Representation" of the Code of Ordinances, Baytown, Texas, to update the provisions for representation, as well as to amend text to and rename Section 2-390 "Community Development Coordinator." Planning and Development Services Director Martin Scribner noted the item was for housekeeping. The Community Development Advisory Committee (CDAC) had a specific makeup as far as the representation of the different people of the community. With those restrictions, the Committee would go for months with seats open and Mr. Scribner discussed the difficulties with that. He assured the amendment would not remove the provision,but would allow them to fill seats with who they can. The other item listed was to change the title of the person that ran the program. On the topic of the first item, Council Member Betancourth questioned why the ethnicity requirement was written in to the ordinance. Mr. Scribner believed it was to reflect the diversity of the town. Council Member Betancourth noted it was Council's responsibility to fill in those seats and that it was written to ensure diversity. She expressed her nervousness in reading language like "a good faith effort" because that was subjective. As it was Council's failure, she did not believe they should change the language. On another note, Mayor Capetillo understood federal funding was why the makeup was required. He believed if they were district-specific, then it should be open to the rest of Council to seek out those appointments. Council Member Lester requested clarification on what ethnicity groups were absent from the Committee. Mr. Scribner answered, at that time, they could not get enough Caucasians to apply. Council Member Lester further discussed his City Council Regular Meeting Minutes January 12,2023 Page 8 of 27 difficulty filling his vacancy with that criteria. Council Member Alvarado agreed with Council Member Betancourth as well as making the district-specific appointments at-large for that term. With that, Mayor Capetillo suggested a motion be made excluding the first portion of the item. A motion was made by Council Member Laura Alvarado and seconded by Council Member Sarah Graham to approve Ordinance No. 15,324, related to Item 7.a., to only consider Section 2-390 as the "Community Development Coordinator." 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. 15,324 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE IV "BOARDS AND COMMISSIONS," DIVISION 5 "COMMUNITY DEVELOPMENT ADVISORY COMMITTEE," TO AMEND THE TEXT AND RENAME SECTION 2-390 OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, FROM "COMMUNITY DEVELOPMENT COORDINATOR," TO "COMMUNITY DEVELOPMENT SUPERVISOR;" PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. b. Consider an ordinance amending Chapter 22 "Civil Emergencies," Article I "General", Article II "Emergency Management and Preparedness", and Article III "Pre- Disaster Management" Division 1 "Residential Board and Care Occupancy" of the Code of Ordinances, Baytown, Texas, to update the name of the Chapter, organizational updates, and updating the definition of Long-Term Care Residential Facilities. Emergency Management Coordinator David Alamia relayed the proposal was to amend Chapter 22 "Civil Emergencies" to "Emergency Management." The ordinance also proposed changes to some organizational titles within Emergency Management, including the Emergency Management Coordinator. Mr. Alamia explained the titles had not been updated in several decades, so they wished to reflect current operational standards within their organization. In addition,the ordinance proposed establishing the Emergency Management Advisory Committee and also amended the Residential Board and Care License to include a terminology change of"long-term care facilities." A motion was made by Council Member Laura Alvarado and seconded by Council Member Sarah Graham to approve Ordinance No. 15,325, related to Item 7.b. The vote was as follows: City Council Regular Meeting Minutes January 12,2023 Page 9 of 27 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. 15,325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 22 "CIVIL EMERGENCIES," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO RENAME CHAPTER 22 "CIVIL EMERGENCIES" TO "EMERGENCY MANAGEMENT;" AMENDING CHAPTER 22 "CIVIL EMERGENCIES," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO RENAME ARTICLE II "EMERGENCY MANAGEMENT AND PREPAREDNESS" TO "EMERGENCY MANAGEMENT;" AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE II "EMERGENCY MANAGEMENT AND PREPAREDNESS," DIVISION 1, "GENERALLY," SECTION 22-28 "COUNCIL APPROVAL OF EXPENDITURES OR CONTRACTS," AND SECTION 22-30 "UNLAWFUL CONDUCT," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE II "EMERGENCY MANAGEMENT AND PREPAREDNESS," OF THE CODE OF ORDINANCES, BAYTOWN,TEXAS, TO RENAME DIVISION 2 "OFFICE OF EMERGENCY MANAGEMENT AND PREPAREDNESS" TO "OFFICE OF EMERGENCY MANAGEMENT;" AMENDING CHAPTER 22, "CIVIL EMERGENCIES," ARTICLE II "EMERGENCY MANAGEMENT AND PREPAREDNESS,"DIVISION 2 "OFFICE OF EMERGENCY MANAGEMENT AND PREPAREDNESS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS,TO AMEND TEXT TO AND RENAME SECTION 22-61 "DIRECTOR" TO "CREATION," TO AMEND TEXT TO AND RENAME SECTION 22-62 "ASSISTANT DIRECTOR" TO "DIRECTOR," TO AMEND TEXT TO AND RENAME SECTION 22-63 "COORDINATOR" TO "EMERGENCY MANAGEMENT COORDINATOR," AND TO AMEND TEXT TO AND RENAME SECTION 22-64 "DUTIES OF DIRECTOR" TO "DUTIES AND POWERS AS STATE-DESIGNATED EMERGENCY MANAGEMENT DIRECTOR AND COORDINATOR;" AMENDING CHAPTER 22, "CIVIL EMERGENCIES," ARTICLE II "EMERGENCY MANAGEMENT AND PREPAREDNESS,"DIVISION 3 "PLANS," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO AMEND THE TEXT TO AND RENAME SECTION 22-91 "DEVELOPMENT AUTHORITY OF DIRECTOR" TO "EMERGENCY MANAGEMENT PLAN AND ANNEXES," TO RENAME SECTION 22-92 FROM "CREATION OF JOINT PLANS AUTHORIZED" TO "INTERJURISDICTION EMERGENCY MANAGEMENT PARTICIPATION," TO AMEND THE TEXT TO AND RENAME SECTION 22-93 FROM "DUTIES City Council Regular Meeting Minutes January 12,2023 Page 10 of 27 AND RESPONSIBILITIES OF DIRECTOR IN FORMULATING AND ORGANIZING PLANS" TO "DUTIES AND RESPONSIBILITIES OF THE OFFICE OF EMERGENCY MANAGEMENT," AND TO AMEND THE TEXT TO AND RENAME SECTION 22-94 FROM "ORGANIZATION" TO "DECLARATION OF AN EMERGENCY OR DISASTER;" AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III "PRE-DISASTER MANAGEMENT," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO RENAME DIVISION 1 FROM "RESIDENTIAL BOARD AND CARE OCCUPANCY" TO "LONG-TERM CARE RESIDENTIAL FACILITIES;" AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III "PRE- DISASTER MANAGEMENT," DIVISION 1 "RESIDENTIAL BOARD AND CARE OCCUPANCY," SECTION 22-101 "DEFINITIONS," SECTION 22-103 "APPLICATION," AND SECTION 22-104 "APPLICATION PROCESS" OF THE CODE OF ORDINANCES,BAYTOWN,TEXAS;AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III, "PRE-DISASTER MANAGEMENT," OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, BY ADDING A DIVISION TO BE NUMBERED AND ENTITLED DIVISION 2, "EMERGENCY MANAGEMENT ADVISORY COMMITTEE;"PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. c. Consider an ordinance amending Chapter 109 "Engineering and Construction Standards," Article III "Streets," of the Code of Ordinances, Baytown,Texas. Civil Design Engineer Juan Macias presented the item to Council and relayed the item was to amend Chapter 109 "Engineering and Construction Standards." A summary of those changes was to update the right-of-way width to have enough room for sidewalks,road pavement, and utilities. The ordinance would also update the variance process and the street light section to require they be powder-coated black. Lastly, it updated the illumination levels based on the roadway type. A motion was made by Mayor Pro Tern Jacob Powell and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,326, related to Item 7.c. 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 ORDINANCE NO. 15,326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, SUBPART A "GENERAL ORDINANCES, "CHAPTER 109, "ENGINEERING City Council Regular Meeting Minutes January 12,2023 Page 11 of 27 AND CONSTRUCTION STANDARDS," ARTICLE III, "STREETS," REVISING SECTION 109.76, "GEOMETRICS STANDARDS," DELETING AND REPLACING THE TEXT OF SECTION 109.77, "STREETLIGHTS;" PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 8. PROPOSED ORDINANCES a. Consider an ordinance authorizing a Professional Service Agreement with GrantWorks, Inc. for Grant Administration Services for CDBG Disaster Mitigation Grant Funding. Assistant to the City Manager Brian Moran informed Council the item was to approve a Professional Service Agreement with GrantWorks, Inc. GrantWorks would assist in soliciting and managing federal flooding mitigation on the City's behalf through the Texas General Land Office through the Federal Emergency Management Agency (FEMA). The cost associated with those services were covered through state and federal funding sources. Since GrantWorks secured a contract with Harris County, any fees associated with the funding received through them,Baytown would not be charged. A motion was made by Council Member Laura Alvarado and seconded by Council Member Mike Lester to approve Ordinance No. 15,327, related to Item 8.a. 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 ORDINANCE NO. 15,327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH GRANTWORKS, INC., FOR GRANT ADMINISTRATION SERVICES FOR CDBG DISASTER MITIGATION FUNDING; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN FROM GRANT FUNDS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY-SEVEN ONE HUNDRED EIGHTY-FOUR AND NO/100 DOLLARS ($157,184.00), SUBJECT TO SUCCESSFUL APPLICATION FOR FUNDING TO THE TEXAS GENERAL LAND OFFICE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 12,2023 Page 12 of 27 b. Consider an ordinance authorizing a Federal Legislative Advocacy Services Agreement with Van Scoyoc Associates. Public Affairs Director Thomas Reeves presented to Council how the City got to this point, what they were undertaking, and what they planned to do next. At the end of 2021, Council adopted an agreement with the Sleeter Group to be Baytown's advocate at the state level. Council also adopted a series of legislative priorities which had been quite successful. Now, it was time to go to Washington, DC. The City completed the Request for Proposal (RFP) process and selected Van Scoyoc Associates for the consideration of Baytown's federal legislative advocate. The federal work revolved primarily around funding in terms of appropriations, grants, and policy. In summary, federal funding was going to be sent out to cities across the country and Baytown needed an advocate. Upon adoption, Van Scoyoc would work in conjunction with Council and the Legislative Ad Hoc Committee to develop a Strategic Advocacy Plan. The plan would lay out specific goals, a roadmap for success, and deliverables to measure Baytown's progress. Mayor Capetillo discussed Garth Road and the need for funding there. Thus, he supported the selection of the legislative firm. With regard to his beliefs on paying lobbyists on the City's behalf, Mayor Pro Tern Powell shared he would be opposed to the item. A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,328, related to Item 8.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, and Council Member Mike Lester Nays: Mayor Pro Tern Jacob Powell Approved ORDINANCE NO. 15,328 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A FEDERAL LEGISLATIVE ADVOCACY SERVICES AGREEMENT WITH VAN SCOYOC ASSOCIATES, FOR LEGISLATIVE AND LOBBYING SERVICES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVEN THOUSAND AND NO/100 DOLLARS ($107,000.00) PER YEAR FOR UP TO FIVE (5) YEARS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. PROPOSED RESOLUTIONS a. Consider a resolution adopting the City of Baytown Community Development Transportation Program Guidelines. City Council Regular Meeting Minutes January 12,2023 Page 13 of 27 Planning and Development Services Director Martin Scribner opened the item noting it was one that the Community Development Advisory Committee (CDAC) decided funding for. The Love Network had been the managers of the transportation program in the past and were awarded $50,000 of the Community Development Block Grant (CDBG) to run that. However, the Love Network changed their programming and were no longer doing that. So, it defaulted back to the City and they needed to change the guidelines so that Baytown was running that program. The City still had the money from the CDBG which would go to run that. Mr. Scribner noted the City would not hire drives, run busses, nor create the routes. The City would connect people in need with bus pass waivers and vouchers. Mr. Scribner ended on the note that about 120 people or so utilized the program. A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth to approve Resolution No. 2,810, related to Item 9.a. However, there was discussion prior to the vote. Council Member Griffith proceeded to inquire over matters regarding the Love Network. Council Member Lester questioned if the program would require additional staffing. Mr. Scribner replied their current Community Development Staff in the Planning Department would handle that. The vote for the motion on the table 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 RESOLUTION NO. 2,810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING CITY OF BAYTOWN COMMUNITY DEVELOPMENT TRANSPORTATION PROGRAM GUIDELINES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution authorizing and directing the Mayor to execute a General and No Litigation Certificate related to the issuance of Multifamily Housing Revenue Bonds in an aggregate principal amount not to exceed Thirty Million and No/100 Dollars ($30,000,000.00) by the Southeast Texas Housing Finance Corporation for acquisition, rehabilitation and equipping of The Portofino Apartments, a 248-unit multifamily housing development for seniors in the City of Pasadena. At 7:52 P.M., Council Member Graham stepped out of the City Council Regular Meeting. City Council Regular Meeting Minutes January 12,2023 Page 14 of 27 City Attorney Scott Lemond opened the item noting Baytown was a member of the Southeast Texas Housing Finance Corporation (SETH). As such, the City was occasionally asked to send information to the Attorney General. In the present case, SETH sought to have a$30 million bond issuance and Baytown was asked to fill out a no-litigation certificate. The certificate had to do with whether the City was aware of any information that would prevent SETH from issuing the bonds. Baytown's Legal Department found no evidence that there was litigation nor other claims against SETH that would prevent the issuance. The apartments would be built in the City of Pasadena; however, as Baytown was a member of SETH, they were requested to fill out the information. A motion was made by Council Member Laura Alvarado and seconded by Council Member Mike Lester to approve Resolution No. 2,811, related to Item 9.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Sarah Graham (Not Present) Approved RESOLUTION NO. 2,811 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A GENERAL AND NO LITIGATION CERTIFICATE RELATED TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (THE PORTOFINO APARTMENTS);AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. CONSENT A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 10.a. through 10.r., with the exception of Item 10.f. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Sarah Graham (Not Present) Approved City Council Regular Meeting Minutes January 12,2023 Page 15 of 27 a. Consideration of an ordinance authorizing an Amendment with Huitt-Zollars, Inc. for Design, Bid, and Construction Services for Phase 2 of the West District Wastewater Treatment Plant Operations Building Project. ORDINANCE NO. 15,329 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH HUITT-ZOLLARS, INC., FOR THE WEST DISTRICT WASTEWATER TREATMENT PLANT OPERATIONS BUILDING PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED EIGHTEEN THOUSAND FIVE HUNDRED TWENTY-THREE AND NO/100 DOLLARS ($318,523.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an Amendment to Interlocal Agreement with Harris County Flood Control District for the South Main and Republic Drainage Improvement Phase 2 Project. ORDINANCE NO. 15,330 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERIC TO ATTEST TO THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE SOUTH MAIN STORM SEWER PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing Assignment and Assumption of drainage easement from Harris County Flood Control District, for the South Main and Republic Drainage Improvement Phase 2 Project. ORDINANCE NO. 15,331 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 ASSIGNMENT AND ASSUMPTION OF EASEMENT FROM HARRIS COUNTY,TEXAS;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the purchase of multiple fleet vehicles from Caldwell County,Cameron County,Friendly Ford,Monument Chevrolet,Rockdale County, and Silsbee Ford. ORDINANCE NO. 15,332 City Council Regular Meeting Minutes January 12,2023 Page 16 of 27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BIDS OF CALDWELL COUNTY CHEVROLET, CAMERON COUNTY DODGE, FRIENDLY FORD, MONUMENT CHEVROLET,ROCKDALE COUNTY FORD,AND SILSBEE FORD FOR THE PURCHASE OF VARIOUS FLEET VEHICLES; AUTHORIZING PAYMENT IN THE TOTAL AMOUNT OF ONE-MILLION SEVENTY-SIX THOUSAND AND NO/100 DOLLARS ($1,076,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of three (3) Kenworth Trucks from Cleveland Mack Sales, d/b/a Performance Truck through the Buyboard for Public Works and Engineering Department. ORDINANCE NO. 15,333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED FIFTY- SEVEN THOUSAND TWO HUNDRED EIGHTEEN AND 93/100 DOLLARS ($457,218.93) TO CLEVELAND MACK SALES D/B/A PERFORMANCE TRUCK, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR THE PURCHASE OF THREE (3) KENWORTH TRUCKS FOR THE PUBLIC WORKS AND ENGINEERING DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance rejecting all bids for the Class 5 Bucket Truck with Aerial Bucket Lift. Item 10.f. was pulled and the bid would be awarded at the January 26th City Council Meeting. g. Consider an ordinance authorizing the final payment of the Cost-Share Agreement with Gateway Ten Business Park to upsize sanitary sewer lines along IH-10 and Sjolander Road. ORDINANCE NO. 15,334 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING FINAL PAYMENT OF THE SUM OF THIRTY-FIVE THOUSAND THREE-HUNDRED SEVENTY-SEVEN AND NO/100 DOLLARS ($35,377.00)TO GATEWAY TEN BUSINESS PARK, LLC, IN ACCORDANCE WITH THE COST-SHARE AGREEMENT DATED MAY 17,2021; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance renewing the Annual Sludge Disposal Contract with Sprint Waste Services, LP. City Council Regular Meeting Minutes January 12,2023 Page 17 of 27 ORDINANCE NO. 15,335 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL SLUDGE DISPOSAL CONTRACT WITH SPRINT WASTE SERVICES, LP,AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF FOUR HUNDRED SEVENTY- SEVEN THOUSAND SIX HUNDRED TWENTY AND NO/100 DOLLARS ($477,620.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance awarding the Annual Cement Stabilized Sand Contract to Smart Materials, Inc. ORDINANCE NO. 15,336 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SMART MATERIALS, INC., FOR THE ANNUAL CEMENT STABILIZED SAND CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($175,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance awarding the Annual Fittings, Valves & Meter Box Contract to Ferguson Enterprises, LLC. ORDINANCE NO.15,337 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF FERGUSON ENTERPRISES, LLC, FOR THE ANNUAL FITTINGS, VALVES AND METER BOXES CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ONE HUNDRED SEVENTY-THREE THOUSAND AND NO/100 DOLLARS ($173,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing a Professional Services Agreement with Kimley- Horn and Associates, Inc. for the Wayne Gray Sports Complex, Turf and Parking Improvements Construction Documents. ORDINANCE NO. 15,338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR PREPARATION OF CONSTRUCTION DOCUMENTS AND ASSISTANCE IN BID PHASE AND CONSTRUCTION PHASE SERVICES FOR THE WAYNE GRAY SPORTS City Council Regular Meeting Minutes January 12,2023 Page 18 of 27 COMPLEX, TURF AND PARKING IMPROVEMENTS CONSTRUCTION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETEEN THOUSAND AND NO/100 DOLLARS ($119,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the sole source purchase and trade-in allowance of police body worn cameras and tasers with Axon Enterprises, Inc., for the Police Department's Body-Worn Camera and Taser Replacement Program, Year 2. ORDINANCE NO. 15,339 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED NINETY- EIGHT THOUSAND NINE HUNDRED NINETY-NINE AND 82/100 DOLLARS ($298,999.82) TO AXON ENTERPRISE INC. F/K/A TASER INTERNATIONAL, INC., FOR THE SOLE-SOURCE PURCHASE OF BODY CAMERAS AND TASERS FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. m. Consider an ordinance authorizing a Professional Services Agreement for the Houston High Intensity Drug Trafficking Area Program with Osprey Research Corp. ORDINANCE NO.15,340 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 A PROFESSIONAL SERVICES AGREEMENT WITH OSPREY RESEARCH CORP.; AUTHORIZING PAYMENT FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing a Professional Services Agreement for the Houston High Intensity Drug Trafficking Area Program with MSM Resources Corp. ORDINANCE NO. 15,341 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 A PROFESSIONAL SERVICES AGREEMENT WITH MSM RESOURCES CORPORATION;AUTHORIZING PAYMENT FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing a Professional Services Agreement for the Houston High Intensity Drug Trafficking Area Program with Wencamp Energy, LLC. City Council Regular Meeting Minutes January 12,2023 Page 19 of 27 ORDINANCE NO.15,342 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 A PROFESSIONAL SERVICES AGREEMENT WITH WENCAMP ENERGY, LLC; AUTHORIZING PAYMENT FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. p. Consider an ordinance authorizing the Second Amendment to the Professional Services Agreement with TX BBG Consulting Inc. for plan review services to ensure compliance with the City's Unified Land Development Code ("ULDC"). ORDINANCE NO.15,343 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TX BBG CONSULTING INC., FOR PLAN REVIEW SERVICES TO ENSURE COMPLIANCE WITH THE CITY'S UNIFIED LAND DEVELOPMENT CODE ("ULDC"); AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN A TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance authorizing a Mutual Aid Agreement by and between the Members of the Channel Industries Mutual Aid Organization. ORDINANCE NO.15,344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A MUTUAL AID AGREEMENT WITH MEMBERS OF THE CHANNEL INDUSTRIES MUTUAL AID ORGANIZATION (CIMA) FOR EMERGENCY SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consideration a resolution authorizing signatory authority for the City Manager to apply for and accept funding for certain state and federal grants. RESOLUTION NO. 2,812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING SIGNATORY AUTHORITY FOR THE CITY MANAGER TO APPLY FOR AND ACCEPT FUNDING FOR CERTAIN STATE AND FEDERAL GRANTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 12,2023 Page 20 of 27 11. APPOINTMENTS a. Consider one City Manager (1) reappointment to the Civil Service Commission. City Manager Jason Reynolds wished to reappoint Mr. David Jirrels to the Commission. A motion was made by Council Member Laura Alvarado and seconded by Council Member Kenrick Griffith to approve Mr. David Charles as the reappointment to the Civil Service Commission. However, there was discussion prior to the vote. Council Member Betancourth questioned when Mr. Jirrels's original appointment date was. Mr. Reynolds relayed it was his seventh term and advocated on his behalf. As he was new, Mr. Reynolds did not know the people in the City at that time. Nonetheless, he recognized Council's intent to look for new members which would be a continued conversation going forward. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Kenrick Griffith, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: Council Member Heather Betancourth Other: Council Member Sarah Graham (Not Present) Approved b. Consider four (4) appointments to the Planning and Zoning Commission. As Council Member Graham was not present and one appointment represented District 2, Mayor Capetillo proceeded to Item 11.e. and 11.f. After those two items, Council returned to Item 11.b. At 7:59 P.M., Council Member Graham returned to the City Council Regular Meeting. The nominations to the Planning and Zoning Commission were as follows: • City Manager: Mr. Reynolds wished to reappoint Ms. Donna Winfrey; • District 2: Council Member Graham wished to reappoint Mr. Mitchell Pearce; • District 4: Council Member Betancourth nominated Mr. Eric Teguia; and • District 6: Council Member Lester nominated Mr. Jeff Walters. A motion was made by Council Member Heather Betancourth and seconded by Council Member Mike Lester to approve the four (4) listed individuals above as the appointments to the Planning and Zoning Commission. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council CityCouncil Regular Meeting Minutes January 12,2023 Page 21 of 27 Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Approved c. Consider four (4) appointments to the Community Development Advisory Committee. Per the discussion of Item 7.a., Council Member Lester asked his appointment to be placed on the next City Council Regular Meeting agenda. As the rest of the appointments were at-large, Mayor Capetillo requested nominations from Council. The nominations to the Community Development Advisory Committee(CDAC) were as follows: • Council Member Alvarado wished to reappoint Ms. Dahlia Meza; • Mayor Pro Tem Powell wished to reappoint Ms. Rhonda Lopez; and • Council Member Betancourth nominated Ms. Marisa Tong to replace Mr.Norman Barnett. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tem Jacob Powell to approve the three (3) listed individuals above as the appointments to the Community Development Advisory Committee (CDAC). 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 d. Consider one (1) appointment to the Animal Control Advisory Committee. Health Director Tony Gray informed Council the appointment was for one interested citizen. Mayor Capetillo announced a citizen, Ms. Toni Graham, had signed up to speak on the item. Ms. Graham proposed a revision to the process by which the Animal Control Advisory Committee was selected. The criteria for the interested citizen was a person that did not have a personal- professional affiliation similar to those represented by other appointees on the Committee. So, if a person takes their pet to a veterinarian, they would have a relationship with the vet which would make them ineligible for that position. Ms. Graham found it challenging to have the Committee made up of people that did not own pets. She further shared her application was not valid due to affiliations similar to those represented by other appointees on the Committee. Ms. Graham advocated for herself to be considered for the position and reiterated her request for a revision. City Council Regular Meeting Minutes January 12,2023 Page 22 of 27 Council Member Alvarado noted a revision to the criteria was not on the agenda and therefore could not be considered by Council. Mayor Capetillo agreed and further discussed the reasons why Council should consider the appointment with the qualified individuals. However, Council Member Graham disliked the verbiage and agreed with Ms. Graham. Council Member Alvarado noted Council had delayed the item quite a few times. Thus, she was ready to move forward with her nomination to replace Ms. Yesenia Navarro with Ms. Crispina Powell. On the other hand, Council Member Griffith and Council Member Lester wished to nominate Ms. Marga Matthews. With the two nominations on the table, Council proceeded with a vote by a show of hands. The votes for Ms. Crispina Powell as the one (1) appointment to the Animal Control Advisory Committee was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, and Council Member Heather Betancourth Nays: Council Member Sarah Graham, Council Member Kenrick Griffith, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Failed The votes for Ms. Marga Matthews as the one (1) appointment to the Animal Control Advisory Committee was as follows: Ayes: Mayor Brandon Capetillo, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: Council Member Laura Alvarado Approved e. Receive the Mayor's appointments of one (1) representative and one (1) alternate to the 2023 Transportation Policy Council and one (1) representative and one (1) alternate to the 2023 Transportation Advisory Committee. Mayor Capetillo nominated himself as the primary and City Manager Jason Reynolds as the alternate to the Transportation Policy Council. A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tem Jacob Powell to approve the Mayor's appointments to the 2023 Transportation Policy Council.The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester City Council Regular Meeting Minutes January 12,2023 Page 23 of 27 Nays: None Other: Council Member Sarah Graham (Not Present) Approved Mayor Capetillo nominated Interim Assistant City Manager Brant Gary as primary and Planning and Development Director Martin Scribner as alternate to the Transportation Advisory Committee. A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tern Jacob Powell to approve the Mayor's appointments to the 2023 Transportation Advisory Committee. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Sarah Graham (Not Present) Approved f. Consider a resolution designating a representative and an alternate for the General Assembly of the Houston-Galveston Area Council for the year 2023. Mayor Capetillo stated the primary representative would be Council Member Alvarado and the alternate would be City Manager Jason Reynolds to the Houston-Galveston Area Council. A motion was made by Council Member Heather Betancourth and seconded by Council Member Kenrick Griffith to approve Resolution No. 2,813, related to Item 11.f. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Sarah Graham (Not Present) Approved RESOLUTION NO. 2,813 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTON- City Council Regular Meeting Minutes January 12,2023 Page 24 of 27 GALVESTON AREA COUNCIL FOR THE YEAR 2023; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. After Item 111, Council returned to Item 11.b. and resumed the regular order of the agenda. 12. MANAGER'S REPORT City Manager Jason Reynolds first wished to recognize everyone involved with the winter events last month. In particular, Mr. Karl Gaines was recognized for his support and Parks Staff during the freeze event. On a separate note, Mr. Reynolds recognized Public Works Assistant Director Kevin Harvill and his group for developing The Safety Rodeo. With regard to the Public Works Department, Mr. Reynolds noted they had won the In-House Project of the Year for the Municipal Services Center Remodel. Next, Mr. Reynolds recognized the following Firefighters for their advanced and intermediate structure firefighter certification achievements: • Mr. Hayden Phillips; • Mr. Jeremy Paquet; • Mr. Blake Steffenauer; • Ms. Andrea Giron; • Mr. Karlis Anderson; • Mr. Millard Williams; and • Mr. Michael Brown; • Mr. Taylor Soltau. Mr. Reynolds further recognized the City's two Interim Assistant City Managers Brant Gary and Carol Flynt. As it was Baytown's 75th anniversary, he thanked Public Affairs Director Thomas Reeves and everyone involved to make that come to life. The next City Council Meeting would have an update on the Best Trash implementation process by Public Works as well as Public Affairs' effort on getting that word out. Lastly, there would be a Baytown Day at the Capitol in February where the City would put more information out and work on a slew of policy additions. 13. EXECUTIVE SESSION a. 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. b. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to consult with, and seek the advice of, the City's attorney(s) regarding procurement and contract issues. At 8:23 P.M., Mayor Capetillo recessed and convened in to an executive session pursuant to: 1) 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 2) Section 551.071 of the Texas Government Code to consult with, and seek the advice of, the City's attorney(s) regarding procurement and contract issues. City Council Regular Meeting Minutes January 12,2023 Page 25 of 27 At 9:28 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. TOW TRUCK CONTRACT RENEWALS a. Consider an ordinance authorizing the second renewal of the Towing and Storage Services Contract with Baytown Wrecker Service, Inc. A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,345, related to Item 14.a., with an amendment authorizing a one (1) year renewal instead of a two (2) year renewal of the Towing and Storage Services Contract with Baytown Wrecker Service. However,there was discussion prior to the vote. As the City had no issues with the service provided, Council Member Alvarado was hesitant to go to one year. However, because of the request from some of her colleagues, she would meet them in the middle. Council Member Lester agreed with Council Member Alvarado and noted they were modifying their side of a contract without substantial evidence that something had gone awry. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Kenrick Griffith, Council Member Heather Betancourth, and Mayor Pro Tem Jacob Powell Nays: Council Member Sarah Graham and Council Member Mike Lester Approved ORDINANCE NO. 15,345 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE TOWING AND STORAGE SERVICES CONTRACT AND ADDENDUM WITH BAYTOWN WRECKER SERVICES, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the second renewal of the Heavy-Duty Towing and Storage Services contract with Dan Wheeler Wrecker Services, Inc. A motion was made by Council Member Laura Alvarado and seconded by Council Member Heather Betancourth to approve Ordinance No. 15,346, related to Item 14.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 � I City Council Regular Meeting Minutes January 12,2023 Page 26 of 27 Nays: None Approved ORDINANCE NO. 15,346 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE HEAVY-DUTY TOWING AND STORAGE SERVICES CONTRACT AND ADDENDUM WITH DAN WHEELER WRECKER SERVICE, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 15. RESTORATION OF THE 1947 MACK FIRE TRUCK a. Consider a resolution accepting donations from the Baytown Professional Firefighters Benevolence Fund Inc. for the restoration of the 1947 Mack fire truck. A motion was made by Council Member Sarah Graham and seconded by Council Member Laura Alvarado to approve Resolution No. 2,814, related to Item 15.a. 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 RESOLUTION NO. 2,814 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00) FROM THE BAYTOWN PROFESSIONAL FIREFIGHTERS BENEVOLENCE FUND INC., FOR THE RESTORATION OF THE 1947 MACK FIRE TRUCK FOR THE FIRE DEPARTMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing payment to AutoMotion Classics for the restoration of a 1947 Mack fire truck. A motion was made by Council Member Sarah Graham and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,347, related to Item 15.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council 1 City Council Regular Meeting Minutes January 12,2023 Page 27 of 27 Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,347 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT TO AUTOMOTION CLASSICS, INC., BY THE CITY OF BAYTOWN IN THE AMOUNT OF FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000,00) FROM A DONATION RECEIVED FROM THE BAYTOWN PROFESSIONAL FIREFIGHTERS BENEVOLENCE FUND INC., TOWARD SERVICES RELATED TO THE RESTORATION OF THE 1947 MACK FIRE TRUCK; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 16. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the January 12, 2023, City Council Regular Meeting at 9:34 P.M. 1 r-0.. 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