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2023 04 27 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 27, 2023 The City Council of the City of Baytown,Texas,met in a Regular Meeting on Thursday,April 27, 2023, at 6:44 P.M. in the Council Chamber of the Baytown City Hall at 2401 Market Street, Baytown, Texas, with the following in attendance: Laura Alvarado Council Member Sarah Graham Council Member Kenrick Griffith Council Member Jacob Powell Mayor Pro Tern 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 April 27, 2023, City Council Regular Meeting with a quorum present at 6:44 P.M. All members were present with the exception of the absence of Council Member Heather Betancourth as well as Mayor Pro Tern Jacob Powell who arrived at 7:19 P.M. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Lester. 1. MINUTES A motion was made by Council Member Sarah Graham and seconded by Council Member Laura Alvarado to approve the minutes of Items l.a. and 1.b., as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) and Mayor Pro Tem Jacob Powell (Absent) Approved a. Consider approving the minutes of the City Council Retreat held on March 22, 2023. b. Consider approving the minutes of the City Council Work Session and Regular Meeting held on April 13,2023. City Council Regular Meeting Minutes April 27,2023 Page 2 of 22 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Human Resources Director Joey Lopez presented the item and provided a video presentation of all the individuals that received the Years of Service award for the month of April. 5 YEAR Nicole Swearingen, Public Works and Engineering, Construction Inspector II Martin Cepielik, Fire, Firefighter Zachary Henderson, Fire, Fire Engineer Gary Hausl, Fire, Firefighter Alberto Gaspar, Police, Mechanic 10 YEAR Edward Tomjack, Information Technology Systems (ITS), Director Shane Weitzel, Police, Patrol Officer Joseph Mason, Police, Patrol Officer Stuart Lagrone, Police, Patrol Officer Cody Dodson, Police, Patrol Officer 25 YEAR Scott Vice, Police, Patrol Officer b. Present a proclamation designating Saturday,April 29,2023, as Baby Day,hosted by Babies in Baytown. Mayor Capetillo, accompanied by a few representatives of the Babies in Baytown (BIB) organi- zation, proclaimed April 29, 2023, as Baby Day in Baytown. Council Member Alvarado intro- duced BIB Representatives Ms. Briceida Alcaraz and Ms. Daniela Medina who provided a few words over their organization in both English and Spanish. They invited everyone to their Baby Day Event on April 29, 2023, from 10:00 A.M. to 2:00 P.M. at the Baytown Community Center. c. Present a proclamation designating April 30—May 6,2023,as Municipal Clerks Week. Mayor Capetillo, accompanied by City Clerk Angela Jackson and the City Clerk Staff, read the proclamation designating April 30 through May 6, 2023, as Municipal Clerks Week in Baytown. d. Present a proclamation designating April 30—May 6, 2023, as Hurricane Preparedness Week. Mayor Capetillo, accompanied by Fire Chief Kenneth Dobson and Emergency Management Staff, proclaimed April 30 through May 6, 2023, as Hurricane Preparedness Week in Baytown. e. Present proclamation designating May 21-27, 2023 as Emergency Medical Services I Week. Item 2.f was considered prior to Item 2.e. After Item 2.f., Mayor Capetillo returned to Item 2.e. City Council Regular Meeting Minutes April 27,2023 Page 3 of 22 Mayor Capetillo, accompanied by Fire Chief Kenneth Dobson and Emergency Medical Services Staff, proclaimed May 21-27, 2023 as Emergency Medical Services Week in Baytown. f. Present a proclamation designating May 21-27, 2023, as National Public Works Week. Mayor Capetillo, accompanied by Public Works and Engineering Director Frank Simoneaux and Public Works Staff, proclaimed May 21-27, 2023, as National Public Works Week in Baytown. g. Recognition of the City of Baytown into Class 5 of the Federal Emergency Management Agency (FEMA) National Flood Insurance Program (NFIP) Community Rating System (CRS). Civil Design Engineer Macias opened the item to introduce Federal Emergency Management Agency (FEMA) Hazard Mitigation Specialist Angela Harrison to Council. Ms. Harrison began speaking by briefly sharing the history between the City of Baytown and their National Flood Insurance Program(NFIP). Fast forward to two years ago, FEMA reviewed Baytown's Floodplain Management Program and found that the City was doing a great job. In a minor or major flooding event, the City of Baytown was well prepared and ready to help their community recover. Ms. Harrison highlighted the City's Floodplain Ordinance that not only monitored homes in high- risk areas, but also low-risk flooding areas. In addition, the City made advancements to their Ge- ographic Information System (GIS) program and developed a Hazard Mitigation Plan. For those reasons, Baytown achieved a Class Five (5) Rating. Ms. Harrison presented to Council a plaque for their achievement and lastly offered the City of Baytown additional assistance from FEMA. 3. PROPOSED ANNEXATION OF APPROXIMATELY 53.67 ACRES OF LAND LOCATED AT 5814 N SH 146,THE NORTHEAST CORNER OF N SH 146 AND FM 1405 As Mayor Pro Tem Powell was absent at the time Council reached the following items concerning his district, Mayor Capetillo advanced to Item 4.a. Mayor Pro Tem Powell arrived during the dis- cussion of Item 4.a., so Council promptly returned to consider Items 3.a. through 3.c. City Manager Jason Reynolds explained the items had been tabled and that time was now up. The ninety(90) days could be renewed or action could be considered. At that time, Staff continued to work with the developers and the property owners. So, he questioned should the development be in the County or within the City? Mayor Pro Tem Powell shared he initially did not want to move forward with the annexation without knowing where they would land on the rezone. As there were ongoing conversations with the developer and neighborhood, he wished to renew the suspension. A motion was made by Mayor Pro Tern Powell and seconded by Council Member Sarah Graham to suspend Items 3.a. through 3.c. up to ninety(90) days. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham,Council Member Kenrick Griffith,Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None City Council Regular Meeting Minutes April 27,2023 Page 4 of 22 Other: Council Member Heather Betancourth(Absent) Approved a. Consider the second and fmal reading of an ordinance for the proposed annexation of approximately 53.67 acres of land located at 5814 N SH 146,the northeast corner of N SH 146 and FM 1405. b. Consider an ordinance to amend the official zoning map to rezone approximately 49.87 acres at 5814 N SH 146, the northeast corner of N SH 146 and FM 1405 from Open space/Recreation (OR) and General Commercial (GC) to a Light Industrial (LI) Zoning District. c. Consider an ordinance adding the newly annexed properties generally described as 53.67 acres at 5814 N SH 146, the northeast corner of N SH 146 and FM 1405 into Council District No. 5. 4. PROPOSED ORDINANCES a. Consider an ordinance removing from the Code of Ordinances those chapters that were previously relocated to the Unified Land Development Code (ULDC), namely: (1) Chapter 18: Article XIV. - Landscaping; (2) Chapter 126: Subdivisions; (3) Chapter 118. Signs; and(4)Chapter 112.Off-Street Parking; and amending the ULDC to add Section 5.29 "Electioneering with Placement of Signs During Voting Periods." Planning and Development Services Director Martin Scribner opened the item recalling Council's approval of an ordinance that moved everything development-related in to the Unified Land De- velopment Code(ULDC). Some things had been missed,so the item was to cleanup those sections. A motion was made by Council Member Laura Alvarado and seconded by Council Member Kenrick Griffith to approve Ordinance No. 15,430, related to Item 4.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham,Council Member Kenrick Griffith,Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 15,430 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CHAPTER 18,'BUILDINGS AND BUILDING REGULATIONS"TO DELETE AR- TICLE XIV, "LANDSCAPING;" AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, SUBPART B, "LAND DEVELOPMENT CODE," TO DE- LETE CHAPTER 112, "OFF-STREET PARKING;" AMENDING THE CODE OF City Council Regular Meeting Minutes April 27,2023 Page 5 of 22 ORDINANCES, BAYTOWN, TEXAS, SUBPART B, "LAND DEVELOPMENT CODE," TO DELETE CHAPTER 118, "SIGNS;" AMENDING THE CODE OF OR- DINANCES, BAYTOWN, TEXAS, SUBPART B, "LAND DEVELOPMENT CODE," TO DELETE CHAPTER 126, "SUBDIVISIONS;" AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS, SUBPART B, "LAND DEVEL- OPMENT CODE,"APPENDIX A"UNIFIED LAND DEVELOPMENT CODE,"AR- TICLE V "SIGNS," DIVISION II "ADMINISTRATION," TO ADD SECTION 5.29 "ELECTIONEERING WITH PLACEMENT OF SIGNS DURING VOTING PERI- ODS;" PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. As Mayor Pro Tem Powell was present, Mayor Capetillo returned to Items 3.a. through 3.c. b. Consider an ordinance authorizing Amendment No. 2 to the Professional Services Agreement with Kimley-Horn and Associates, Inc. (KHA), for the IH-10 Lift Station and Force Main project. Public Works and Engineering Director Frank Simoneaux presented the item to Council. Items 4.b. and 4.c. were related to removing work from a couple of the City's consulting contracts for their Capital Improvement Plan (CIP) projects related to land acquisition. Item 4.b., specifically, was for their IH-10 Lift Station project. Mr. Simoneaux relayed the force main went over two (2) miles, so there were significant land acquisition costs. Originally, the consultant would have ac- quired the required easements for the City. However, in the FY2023 budget process, Council au- thorized a position in the Public Works Department for a Right-of-Way Coordinator. Mr. Simoneaux reported that person had been hired, Right-of-Way Coordinator Kimberly Patter- son. She had been proactive in taking some of the contracts that outsourced the land acquisition and removed that from the consultant's contract to do that in-house. Mr. Simoneaux estimated the second amendment would remove over$450,000 from the consultant's contract,and he anticipated the direct cost to be under $300,000. He was confident to say that there would be over $100,000 in savings on the present contract alone. With that said, he relayed Staff recommended approval. A motion was made by Council Member Mike Lester and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,431, 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,Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved City Council Regular Meeting Minutes April 27,2023 Page 6 of 22 ORDINANCE NO. 15,431 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE PROFES- SIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC.,TO REMOVE CERTAIN TASKS RELATING TO RIGHTS-OF-WAY, EASE- MENT, AND TEMPORARY CONSTRUCTION LICENSE ACQUISITION FROM THE ORIGINAL SCOPE OF WORK FOR THE IH-10 LIFT STATION AND FORCE MAIN PROJECT, THEREBY DECREASING THE CONTRACT AMOUNT BY FOUR HUNDRED FIFTY-ONE THOUSAND NINE HUNDRED AND NO/100 DOLLARS ($451,900.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing Amendment No. 2 to the Professional Services Agreement with Kimley-Horn and Associates, Inc. (KHA), for the Garth Road Widening Project from I-10 to Baker Road that would remove certain tasks relating to Rights of Way, Easement,and Temporary Construction License acquisition from the original scope of work. Public Works and Engineering Director Frank Simoneaux opened the item for the Garth Road Widening Project. The City had a design contract with Kimley-Horn and a part of that contract was to provide land acquisition services. Mr. Simoneaux noted there had already been an amend- ment to the contract for a relocation of funds to cover overages. A lot, of which, were related to land acquisition. The City now had an opportunity to remove that scope of work related to the roadway for the remainder of the contract. The decrease in cost from the amendment would pay for that increase previously done. He projected it would result in a net decrease of over$100,000. A motion was made by Council Member Mike Lester and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,432, related to Item 4.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham,Council Member Kenrick Griffith,Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved ORDINANCE NO. 15,432 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE PROFES- SIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC.,TO REMOVE CERTAIN TASKS RELATING TO RIGHTS-OF-WAY, EASE- MENT, AND TEMPORARY CONSTRUCTION LICENSE ACQUISITION FROM THE ORIGINAL SCOPE OF WORK FOR THE GARTH ROAD WIDENING PRO- JECT FROM I-10 TO BAKER ROAD, THEREBY DECREASING THE CON- TRACT AMOUNT BY FOUR HUNDRED NINETY-SEVEN THOUSAND THREE City Council Regular Meeting Minutes April 27,2023 Page 7 of 22 HUNDRED FIFTY AND NO/100 DOLLARS ($497,350.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance awarding a construction contract to MBN Enterprises, LLC, for the Robert E. Lee High School Drainage Re-route Project. Public Works and Engineering Director Frank Simoneaux relayed the item was to award a con- struction contract for the Robert E. Lee High School Drainage Re-route Project. The project was due to a sinkhole that developed in 2019 by a storm drainage line underneath the school's baseball field. As Harris County had an easement there, they made the repairs to the sinkhole. However, the County entered in to an interlocal agreement with Goose Creek Consolidated Independent School District(GCCISD) and the City of Baytown to reroute that storm drainage line. The three- party agreement had GCCISD and Harris County put up the funds for the design and construction of the project. The City of Baytown, in turn, agreed to maintain the new system going forward. At 7:27 P.M.,Council Member Graham stepped out of the meeting and later returned at 7:30 P.M. Mr. Simoneaux then displayed an aerial image of the property to explain where the existing and proposed storm sewer system alignment would be. With the dedicated easements for the new line, the City was prepared to oversee and construct the new system. Mr. Simoneaux noted it would be a benefit to the City because there was city property along Texas Avenue that drained through that area. The City received seven (7)bids in March with the lowest bidder being MBN Enterprises at $1,717,017. As the bids expired in sixty(60)days, Staff recommended moving forward with that. On a separate note,there was a shortfall with the total contributions of GCCISD and Harris County of about $142,000. Mr. Simoneaux stated it was in the agreement that GCCISD would cover the overruns. However, due to the timeline, Staff asked that they award the contract to allow them to negotiate the overages with GCCISD. He emphasized that Staff did not want to rebid the matter because they anticipated they would get much higher prices. Thus, Staff recommended approval. A motion was made by Council Member Laura Alvarado and seconded by Council Member Sarah Graham to approve Ordinance No. 15,433, related to Item 4.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith,Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 15,433 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MBN ENTERPRISES, LLC, FOR THE ROB- ERT E. LEE HIGH SCHOOL DRAINAGE RE-ROUTE PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH MBN ENTERPRISES, LLC, FOR THE City Council Regular Meeting Minutes April 27,2023 Page 8 of 22 ROBERT E. LEE HIGH SCHOOL DRAINAGE RE-ROUTE PROJECT; AUTHOR- IZING PAYMENT NOT TO EXCEED THE SUM OF ONE MILLION SEVEN HUN- DRED SEVENTEEN THOUSAND SEVENTEEN AND NO/100 DOLLARS ($1,717,017.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED RESOLUTIONS a. Consider a resolution canceling the City Council Regular Meeting scheduled for Thursday, May 11,2023. Mayor Capetillo announced a citizen, Mr. David Isaac,had signed up to speak on the item. As there was a resolution to cancel the City Council Regular Meeting on May 11, 2023, Mr. Isaac urged Council to vote against it. He reasoned that there was a lot of business to address in the City and further noted that the Council Members could tune in to the meeting online. With that concluding the citizen's comments, Mayor Capetillo reiterated the item was to cancel the May 11th meeting and clarified it was not because of a lack of issues. He would be traveling on city business and the Mayor Pro Tem would also be absent. For that reason, Mayor Capetillo urged Council to move forward with the cancellation. As it was mentioned that the meeting on May 25th may run long, Council Member Graham expressed concern with that date as it was Lee High School's graduation night. Council Member Alvarado also noted that while all of Council could tune in online, they would not be allowed to vote on any items per the Open Meetings Act. Mayor Pro Tem Powell addressed the reason for his absence was for family matters.Council Mem- ber Lester added he would be out of town for personal reasons. Thus, it was probable there would not be a quorum to begin with. Council wished to discuss in the future the possibility of having a "Vice Mayor Pro Tern"in the event that both the Mayor and Mayor Pro Tem were unavailable. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern Jacob Powell to approve Resolution No. 2,835, 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,Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved RESOLUTION NO. 2,835 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CANCELING THE REGULAR CITY COUNCIL MEETING SCHED- ULED TO BE HELD ON THURSDAY, MAY 11, 2023; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 27,2023 Page 9 of 22 6. REPORTS a. Receive the Baytown Police Advisory Committee's Quarterly Report to the City Council on its work and progress. Baytown Police Advisory Committee (BPAC) Chairperson Dr. Marissa Moreno presented their committee's quarterly report to Council alongside Vice Chairperson Michael Springer. To recap on the past two (2) years, the BPAC focused on four (4) Buckets of Concern: Mental Illness, Transparency and Accountability,Training and Development, and Positive Engagement. Of those buckets, the BPAC honed in on three (3). The biggest, of which, was mental illness. The accom- plishments of those three (3)buckets were presented as follows: MENTAL ILLNESS • iPad collaboration with Harris County to aid with mental health calls; and • Stickers/decals for cars and houses to identify mental health problems. TRANSPARENCY • Social Media Outreach; and • Transparent communication with Police Chief John Stringer. POSITIVE ENGAGEMENT • Community Outreach (Coffee with a Cop, bike rides, UNIDOS); • Community meetings and booths; • Increased trust with Baytown Police Department (BPD) and public; and • Public invitations and comment period at meetings. As for what was next for the BPAC,Dr. Moreno presented the chart below. Library Director Jamie Eustace was credited to have helped their committee develop their commitments for 2023. POSITIVE TRAINING& TRANSPARENCY& OUTREACH & ENGAGEMENTS DEVELOPMENT ACCOUNTABILITY PARTNERSHIPS BPD actively engage 100%of BPD officers Quarterly BPAC BPAC and BPD with local apartment trained in inclusivity/ meetings in target collaborations on complexes for events diversity community locations specific projects Invite business Monthly meetings be- Identify and establish stakeholders to BPAC tween BPD,GCCISD, stakeholder resources I and Lee College for homelessness Increase BPD visibility and patrol Explore alternate outside of cars *Seems Easy mechanisms for citizen input and feedback Proactively submit *Requires more positive stories to press work/higher level of Drive community collaboration engagement through open meetings Furthermore, Dr. Moreno reported on their community involvement by noting that the BPAC Members have continued to engage their prospective districts. In addition, the BPAC added to City Council Regular Meeting Minutes April 27,2023 Page 10 of 22 their agendas"Community Input"which allowed a BPAC Member to speak on behalf of a citizen that did not feel comfortable talking under Citizen Input. Nevertheless, the BPAC has had active citizens speak under Citizen Input and Dr. Moreno discussed the types of commentary the citizens provided.The BPAC appreciated BPD for addressing those concerns. Lastly,the BPAC suggested adding a youth ex-officio to their committee. Dr. Moreno explained that was because of IMPACT Early College High School students providing really good feedback and information at a meeting. Council proceeded to deliberate on the addition of the youth ex-officio. Alternative avenues were suggested such as establishing a subcommittee as well as simply inviting the youth to their meet- ings. Regardless of how they proceeded, Mayor Capetillo believed it was prudent to include the youth and to hear their perspective. Dr. Moreno thanked Council and relayed she would share the information with the rest of the BPAC.City Attorney Scott Lemond further noted that an ex-officio member or a subcommittee done through the BPAC's bylaws would not have to come through Council. As it would be a non-voting position, it would not have to come to Council anyways. 7. DISCUSSIONS a. Baytown's 3rd Annual Juneteenth Celebration will be held on Saturday, June 17th, at Bicentennial Park. Parks and Recreation Director Clifford Hatch presented the item and provided a video presentation of the lineup for the City of Baytown's Juneteenth Celebration on June 17th at Bicentennial Park. Juneteenth Lineup 5:30 P.M —Curtis Poullard and the Creole Zydeco Band 6:30 P.M —Brandi Holmes 7:00 P.M —Juneteenth Ceremony with DJ Boogie 8:00 P.M —Chalie Boy 8:30 P.M —Big Pokey 9:00 P.M —Lil Keke 9:30 P.M. —Slim Thug 9:55 P.M —Fireworks Juneteenth Committee Member Vincent Norman introduced himself and announced they had de- cided to go with local artists. He thanked Council and all of the City Departments for collaborating and allowing them to have these types of events. Former District Three (3) Council Member Charles Johnson then gave a few words over the Juneteenth Holiday. He thanked Council and the Staff that made their celebrations a success. Mr. Johnson also highlighted the Baytown residents that would be performing various anthems at the event. Council Member Graham expressed her excitement for the lineup, and Mr. Norman assured it would be a kid and family-friendly event. 8. CONSENT Mayor Capetillo announced a citizen had signed up to speak on Item 8.e. With that, the citizen gave their comments prior to Council's action of approving the Consent Agenda Items. The speaker's comments can be found under the respective Consent Agenda Item 8.e. City Council Regular Meeting Minutes April 27,2023 Page 11 of 22 After the citizen's comments, a motion was made by Council Member Laura Alvarado and se- conded by Council Member Sarah Graham to approve Consent Agenda Items 8.a. through 8.o., with the exception of Item 8.e. which was pulled for further discussion. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith,Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved a. Consider an ordinance authorizing a Professional Services Agreement for Construction Management and Inspection to Huitt-Zollars, Inc. for the Garth Road Reconstruction—Water/Wastewater Phase A & B Utility Relocation Project. ORDINANCE NO. 15,434 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH HUITT-ZOLLARS,INC., FOR CONSTRUCTION MANAGEMENT AND INSPEC- TION SERVICES FOR THE GARTH ROAD RECONSTRUCTION — WA- TER/WASTEWATER PHASE A&B UTILITY RELOCATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED NINETY-ONE THOUSAND THREE HUN- DRED FIVE AND NO/100 DOLLARS ($391,305.00); MAKING OTHER PROVI- SIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a Professional Services Agreement for the Abbe Addition Lift Station Project with Fivengineering, LLC. ORDINANCE NO. 15,435 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FIVENGINEERING,LLC,FOR ENGINEERING SERVICES FOR THE ABBE LIFT STATION PROJECT;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY-NINE THOU- SAND NINE HUNDRED FIFTEEN AND 40/100 DOLLARS ($239,915.40), MAK- ING OTHER PROVISIONS RELATED THERETO, AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing the purchase of forty (40) Panasonic computers and associated accessories from Baycom, Inc., via the Texas Department of Information Resources. City Council Regular Meeting Minutes April 27,2023 Page 12 of 22 ORDINANCE NO. 15,436 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT IN THE AMOUNT OF TWO HUNDRED SEVEN THOUSAND FIVE AND NO/100 DOLLARS($207,005.00)TO BAYCOM, INC., FOR THE PURCHASE OF FORTY (40) PANASONIC COMPUTERS AND ASSOCIATED ACCESSORIES FOR THE FIRE DEPARTMENT THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing Year 3 of the three-year agreement for the purchase of ArcGIS Enterprise License Agreement (ELA) from Environmental Systems Research Institute, Inc. ORDINANCE NO. 15,437 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING YEAR 3 OF THE THREE-YEAR AGREEMENT FOR THE PURCHASE OF ARCGIS ENTERPRISE LICENSE AGREEMENT (ELA) FROM ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.; AU- THORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($55,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the sole source purchase of twenty-four (24) license plate recognition cameras (LPR) with installation and recurring yearly cost from Flock Group Inc., d/b/a Flock Safety. Mayor Capetillo announced a citizen, Mr. Byron Schirmbeck, had signed up to speak on the item. Mr. Schirmbeck was concerned about the license plate recognition cameras (LPR) as they would record every vehicles' license plate that passed by it. He emphasized that would include law-abid- ing citizens and those not suspected of any criminal activity. The data would be kept in a database up to one (1) year and was searchable. Because of that, he argued he could find out personal and intimate details of a person's life by them simply traveling on public roads. As such, he was con- cerned that "bad actors" could access the data and use it for personal or political gain. He gave various examples where such instances occurred both in the United States and in foreign countries. In addition, the cameras could make mistakes. Mr. Schirmbeck alleged that could cause an inno- cent driver to be confronted by an aggressive police officer who may believe they were pulling over a murder suspect.With his time coming to an end,he informed Council that the cameras were implemented by a committee that were not given complete and accurate information. He was also concerned that Council would approve the item with no town hall meeting,public discussion, nor a presentation from the vendor of what the cameras are and what they do. Mr. Schirmbeck was then informed that his time was up, so he requested to be given an extension of time to speak. City Council Regular Meeting Minutes April 27,2023 Page 13 of 22 A motion was made by Council Member Kenrick Griffith and seconded by Council Member Sarah Graham to extend the citizen speaker's time by one(1) minute. The vote was as follows: Ayes: Council Member Sarah Graham, Council Member Kenrick Griffith, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Brandon Capetillo(No Vote), Council Member Laura Alvarado(No Vote), and Council Member Heather Betancourth (Absent) Approved Mr. Schirmbeck continued to advise Council that the program should not be expanded that night. Instead, it needed to go back to the committee for reevaluation and that there be a public debate as well. With that, Council could clearly understand what it all entails and the public would know where Council stood. Mr. Schirmbeck relayed he considered himself a stakeholder on the issue of photo-enforcement and offered himself to the City and the respective committee as a resource. As that concluded the citizen's comments, Mayor Capetillo proceeded to consider the entire Con- sent Agenda Items. After the approval, as Council Member Griffith pulled Item 8.e. for further discussion, Council then returned to Item 8.e. and engaged in the discussions below. Council Member Griffith shared that he had been contacted by several concerned citizens. It was brought to his attention that the Crime Control and Prevention District (CCPD) had approved the use of LPRs. However,he received a statement from CCPD President Nicholas Rice that there had been some confusion about the language regarding the portability of the cameras. In addition, the item was on the Consent Agenda where it would not be discussed. Thus, it was his recommenda- tion to table the item and send it back to the CCPD for further clarification and for another vote. Police Chief John Stringer proceeded to update Council on the CCPD President's initial statement. Mr. Rice had met with Chief Stringer and Lieutenant Aaron Crowell where all the confusion was cleared-up. Chief Stringer assured Council the President was confident with the system and how it operated. He also advised Council that the Fourth Amendment was not an issue. It was an inves- tigative tool,it was not an enforcement tool, and it did not establish probable cause. Chief Stringer briefly discussed the procedures officers would go through after receiving an alert from a camera. He also divulged in what the cameras would not record, such as speeding and traffic violations. Chief Stringer relayed he had watched the recording of the CCPD meeting and clarified that the cameras were attached to a fixed stationary object that could be moved. With that, he turned the floor over to Lieutenant Aaron Crowell who was their system administrator and conducted agency audits. Lt. Crowell first addressed the comment related to the retention of data. The Flock Safety contract stipulated that data would be retained for thirty (30) days. However, a policy within the Baytown Police Department(BPD) allowed them the flexibility to retain data up to one(1)year if the vendor required so. Lt. Crowell announced that was not a requirement for their Flock System. Secondly, Lt. Crowell specified the technology in question had been available and used by BPD for at least seventeen(17)years. He rigorously explained the details of the technology with Council and what their department currently used as well as what they did not use. With the clarification City Council Regular Meeting Minutes April 27,2023 Page 14 of 22 of what the technology was, Lt. Crowell then discussed the way the system worked. He reiterated it was not for enforcement purposes and that it did not generate revenue. Citizens would not be issued a citation nor any criminal charge based solely upon the data collected by the Flock system. The system provided a photograph of the exterior of the vehicle, but it would not identify the occupants. It would simply provide a hit if they were entered in to the National Crime Information Center (NCIC) which was a federal databased used by criminal justice agencies throughout the United States. It could also provide a hit from a local "hot list"alert. Lt. Crowell reiterated all the ways the cameras would not be used as it was not in their policy for that to be used in such manners. Moreover, the data contained by Flock Safety was in a web interface. Lt. Crowell explained that was a cloud-based storage system that met federal standards for encryption of criminal justice data. It would be linked with the NCIC computer system which also met standards for security. To gain access to the database by BPD, they had to be trained by the vendor, be familiar with the policy, and they had to be added by the system administrators. Their administrators were Lt. Crowell and another subordinate within his unit. He then discussed their auditing capabilities and noted that their system had gone live in approximately the December of last year. While approved through CCPD funding on January 2022, it had taken some time for the installation of the equipment. Considering the short amount of time the system had been in use, Lt. Crowell could not yet provide Council with statistics. Nevertheless,he was in the process of compiling data and was arranging a presentation. The presentation will be made available to Council, CCPD, and any other group as needed. Chief Stringer then questioned Lt. Crowell how the data would be accessed and who could access it. Would it be available to the public through the Freedom of Information Act(FOIA)? Lt. Crowell answered no. The data was accessible only by authorized users and criminal justice agencies with a valid law enforcement purpose. He noted there was a side of the Flock provided to private entities, such as homeowners associations (HOAs) and private businesses. However, they did not have access to their law enforcement data. Flock also did not sell nor distribute the data collected by BPD.As BPD could authorize sharing data with other law enforcement agencies, they currently had agreements with other agencies to do just that. Lt. Crowell acknowledged there could be a potential for misuse as with anything else,but they have not had misuses that they know of. Nevertheless, BPD had a policy and clear oversight to address and present those issues. Council Member Alvarado expressed her appreciation for all the comments and was satisfied with the answers given. Mayor Pro Tem Powell shared he was aware of several neighborhoods within his district that had the system and saw the value in it. He was initially concerned with the mis- communication, but he understood that had been straighten out. Thus, he was in favor of the sys- tem. Council Member Graham requested clarification on the comment that BPD used similar technology for seventeen(17)years,but that they went live with it in December 2022. Lt. Crowell replied he mentioned that timeframe because he has been with BPD for twenty-two(22)years and recalled BPD having access and utilizing that over the years. He then clarified December 2022 was the first time BPD used their own internal LPR system. With that and the fact that the CCPD President was now in favor of the LPR cameras, Council Member Graham was also satisfied. Council Member Griffith expressed his appreciation to Lt. Crowell and the CCPD for their work. He wondered, however, if Lt. Crowell had any measurables or success stories of the technology. Lt. Crowell answered he could provide anecdotal examples and statistics at a later date as he was compiling a report to present to Council. Regardless of that, he shared instances of how the tech- nology had been used and how it helped law enforcement. Council Member Griffith was still hes- City Council Regular Meeting Minutes April 27,2023 Page 15 of 22 itant and suggested some kind of public forum to take place. He requested for more empirical data to show that it would work and was effective for him to be confident moving forward. On the other hand,Mayor Capetillo commented that he was an advocate for lawful technology and supported Chief Stringer's ideas to make Baytown safer. Chief Stringer confirmed it was BPD's goal to make Baytown the safest city in Harris County and the system was one tool that could assist them with that. He assured Council it would run with the appropriate oversight, governance, and ethics. The final comment Chief Stringer gave was that the technology fell in line with the pillars in the report of the President of the United States' Commission on 21 st Century Policing. A motion was made by Council Member Laura Alvarado and seconded by Council Member Mike Lester to approve Ordinance No. 15,442, related to Item 8.e. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: Council Member Kenrick Griffith Other: Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 15,442 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT IN THE AMOUNT OF ONE HUNDRED THIRTEEN THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($113,400.00)TO FLOCK GROUP INC.,D/B/A FLOCK SAFETY FOR THE SOLE- SOURCE PURCHASE OF TWENTY-FOUR (24) LICENSE PLATE RECOGNI- TION (LPR) CAMERAS WITH INSTALLATION AND RECURRING YEARLY COST FOR THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RE- LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance approving an amendment to the Baytown Fire Control, Prevention and Emergency Medical Services District FY2022-2023 Budget in order to transfer monies from Machinery & Equipment (20701-84042) to Lease — Machinery & Equipment (20701-86042) to enter into a Zoll One Program Lease Agreement for ten (10) Zoll X Series Advanced EKG Monitor/Defibrillators. ORDINANCE NO. 15,438 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,APPROVING AN AMENDMENT TO THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT'S FISCAL YEAR 2022-23 BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 27,2023 Page 16 of 22 g. Consider an ordinance approving a lease agreement for the Zoll One Program for EKG Monitors/Defibrillators for the Fire Department. ORDINANCE NO. 15,439 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH ZOLL MEDICAL CORPORATION FOR THE ZOLL ONE PROGRAM FOR EKG MONITORS/DEFIBRILLATORS FOR THE FIRE DEPART- MENT; AUTHORIZING PAYMENT IN THE AMOUNT OF EIGHTY-EIGHT THOUSAND FIVE HUNDRED TEN AND 90/100 DOLLARS ($88,510.90); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing funding for the continued engagement of Olson& Olson, L.L.P., for litigation and general legal matters. ORDINANCE NO. 15,440 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING FUNDING FOR THE CONTINUED ENGAGEMENT OF OLSON & OLSON, L.L.P., FOR LITIGATION AND GENERAL LEGAL MATTERS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00); MAKING OTHER PROVI- SIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider a resolution denying CenterPoint Energy Houston Electric, LLC's applications for approval to increase rates submitted on or about April 5, 2023, and authorizing participation in proceedings at the Public Utility Commission of Texas. RESOLUTION NO. 2,836 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS ("CITY" ) DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE REQUEST OF CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC, AND ITS INCREASE IN RATES UNDER ITS "RIDER TEEEF" APPLICATION MADE ON OR ABOUT APRIL 5, 2023; AUTHORIZING PARTICIPATION IN A COALITION OF SIMILARLY SITUATED CITIES; AUTHORIZING PARTICIPA- TION IN RELATED RATE PROCEEDINGS; REQUIRING THE REIMBURSE- MENT OF MUNICIPAL RATE CASE EXPENSES; AUTHORIZING THE RETENTION OF SPECIAL COUNSEL; FINDING THAT THE MEETING COM- PLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR THE EF- FECTIVE DATE THEREOF. j. Consider an ordinance authorizing a Supplement to the Section 212 Agreement with Enterprise Products Operating, LLC. City Council Regular Meeting Minutes April 27,2023 Page 17 of 22 ORDINANCE NO. 15,441 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING A SUPPLEMENT TO THE SECTION 212 AGREEMENT WITH ENTERPRISE PRODUCTS OPERATING,LLC, FOR THE PDH2 PROJECT; REMOVING SUCH PROPERTY LOCATED WITHIN THE CITY OF BAYTOWN'S EXTRATERRITORIAL JURISDICTION FROM BAYTOWN INDUSTRIAL DIS- TRICT NO, 2; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider a resolution authorizing the City Manager to submit an application to the Office of the Governor, Public Safety Office's Homeland Security Grant Division, in response to the FY 2023 Urban Area Security Initiative — Regular Projects (UASI-R) solicitation on behalf of the Fire Department's Emergency Management Division for enhancements to the Emergency Operations Center(EOC). RESOLUTION NO. 2,837 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION TO THE OFFICE OF THE GOVERNOR, PUBLIC SAFETY OFFICE'S HOME- LAND SECURITY GRANT DIVISION, IN RESPONSE TO THE FY2023 URBAN AREA SECURITY INITIATIVE — REGULAR PROJECTS (UASI-R) SOLICITA- TION CONCERNING GRANT #48928-01 ON BEHALF OF THE FIRE DEPART- MENT'S EMERGENCY MANAGEMENT DIVISION FOR ENHANCEMENTS TO THE EMERGENCY OPERATIONS CENTER (EOC), IN THE AMOUNT OF FIFTY-FOUR THOUSAND ONE HUNDRED FIFTY-NINE AND 15/100 DOL- LARS ($54,159.15); AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THERE FROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider a resolution authorizing the City Manager to submit an application to the Office of the Governor, Public Safety Office's Homeland Security Grant Division, in response to the FY2023 Urban Area Security Initiative — Regular Projects (UASI-R) solicitation on behalf of the Fire Department to sustain the HazMat Team. RESOLUTION NO. 2,838 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION TO THE OFFICE OF THE GOVERNOR, PUBLIC SAFETY OFFICE'S HOME- LAND SECURITY GRANT DIVISION, IN RESPONSE TO THE FY2023 URBAN AREA SECURITY INITIATIVE — REGULAR PROJECTS (UASI-R) SOLICITA- TION CONCERNING GRANT #49015-01 ON BEHALF OF THE FIRE DEPART- MENT TO SUSTAIN THE HAZMAT TEAM, IN THE AMOUNT OF FIFTY-SIX THOUSAND SEVEN HUNDRED NINETY AND NO/100 DOLLARS ($56,790.00); AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THERE FROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes April 27,2023 Page 18 of 22 m. Consider a resolution authorizing the City Manager to submit an application to the Office of the Governor, Public Safety Office's Homeland Security Grant Division, in response to the FY 2023 Urban Area Security Initiative — Regular Projects (UASI-R) solicitation on behalf of the Fire Department's Emergency Management Division to sustain the Structural Collapse-Technical Rescue Team. RESOLUTION NO. 2,839 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMER- GENCY MANAGEMENT AGENCY,GRANT PROGRAM'S DIRECTORATE FOR THE FY2023 PORT SECURITY GRANT PROGRAM ON BEHALF OF THE BAY- TOWN POLICE DEPARTMENT BOMB AND DIVE-USAR TEAMS IN THE AMOUNT OF NINE HUNDRED SEVENTY-THREE THOUSAND AND NO/100 DOLLARS ($973,000.00); AUTHORIZING ACASH MATCH IN AN AMOUNT NOT TO EXCEED TWO HUNDRED FORTY-THREE THOUSAND FOUR HUN- DRED TWENTY-FIVE AND NO/100 DOLLARS ($243,425.00); AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider a resolution authorizing the City Manager to submit an application to the U.S. Department of Homeland Security, Federal Emergency Management Agency, Grant Program's Directorate in response to the FY2023 Port Security Grant Program on behalf of the Baytown Police Department Bomb and DIVE-USAR Teams. RESOLUTION NO. 2,840 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION TO THE OFFICE OF THE GOVERNOR, PUBLIC SAFETY OFFICE'S HOME- LAND SECURITY GRANT DIVISION, IN RESPONSE TO THE FY2023 URBAN AREA SECURITY INITIATIVE — REGULAR PROJECTS (UASI-R) SOLICITA- TION CONCERNING GRANT #49006-01 ON BEHALF OF THE FIRE DEPART- MENT'S EMERGENCY MANAGEMENT DIVISION TO SUSTAIN THE STRUCTURAL COLLAPSE-TECHNICAL RESCUE TEAM, IN THE AMOUNT OF ONE HUNDRED SIXTY THOUSAND EIGHT HUNDRED TWENTY AND NO/100 DOLLARS ($160,820.00); AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THERE- FORE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider a resolution authorizing the City Manager to submit an application to the General Land Office(GLO),in response to the Texas Community Development Block Grant Mitigation Method of Distribution (CDBG-MIT-MOD) solicitation on behalf of Public Works and Engineering for projects located in Chambers County. City Council Regular Meeting Minutes April 27,2023 Page 19 of 22 RESOLUTION NO. 2,841 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLI- CATION TO THE TEXAS GENERAL LAND OFFICE (GLO) FOR COMMUNITY DEVELOPMENT BLOCK GRANT-MITIGATION-METHOD OF DISTRIBUTION (CDBG-MIT-MOD) PROGRAM ON BEHALF OF THE PUBLIC WORKS AND ENGINEERING DEPARTMENT FOR PROJECTS LOCATED IN CHAMBERS COUNTY;DESIGNATING AN AUTHORIZED REPRESENTATIVE;AUTHORIZ- ING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. CITIZEN COMMENTS As no citizens had sign up to speak, Mayor Capetillo proceeded to Item 10, the Manager's Report. 10. MANAGER'S REPORT City Manager Jason Reynolds first announced Parks and Recreation had a Dollar Taco Night event at the Nature Center for Cinco de Mayo at 7:00 P.M. On the golf course, Mr. Reynolds reported the developers were trying to host a regional meeting for constituents to discuss what was happen- ing. The date passed to the City of Baytown was that it would open sometime after Labor Day. However, they were looking to open the clubhouse around August for a soft opening. The Hyatt Regency would also have a soft opening next month and was open to reservations from the public. Onto the Baytown Police Department(BPD),Mr. Reynolds gave a shout-out to UNIDOS for host- ing a community meeting last week to discuss family violence. The City of Baytown also had a Trash-Off event planned for four(4) locations: the Lakewood Plaza, Bergeron Park, Pirates Bay, and Roseland Park. The event would be held on April 29, 2023, from 9:00 A.M. to 2:00 P.M. Mr. Reynolds proceeded to recognize Baytown Nature Center(BNC)Naturalist Christina Butcher for a letter submitted by a citizen praising the excellent job she was doing. In addition, the follow- ing City employees were recognized for their certifications and program completions: • Detective Cameron Burch received a Mobile Forensic Investigations certificate; • Patrol Officer Shane Weitzel completed the Public Safety Bomb Technician program which he had been one (1) out of twenty-eight hundred(2,800) in the nation to do so; • Deputy Emergency Management Coordinator Thomas Quinn received the Emergency Managers Certification of the highest designation offered by the International Association of Emergency Mangers; and • Network System Administrator III Mark Worthan completed the Cisco Certified Net- work Professional (CCNP) Certification in Configuring. Lastly, Mr. Reynolds listed the items Council would discuss in their future Work Session Meet- ings. In their May Work Session, Council would discuss Boards and Commissions as well as the Tow Truck Ordinance. In the following months, they would discuss the budgets for Emergency Medical Services(EMS), Billing, and Finance. And finally, later on in the summer,Council would discuss the Animal Ordinance in a Work Session as well. City Council Regular Meeting Minutes April 27,2023 Page 20 of 22 11. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to discuss quarterly performance evaluation of the City Manager. b. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding pending or contemplated litigation involving the City of Baytown. c. Recess into and conduct an executive session pursuant to Section(s) 551.071 and/or 551.087 of the Texas Government Code to seek the advice of the City's attorneys and/or to discuss economic development negotiations. d. 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 and/or to deliberate a real property acquisition. At 8:30 P.M., Mayor Capetillo recessed and convened in to an executive session pursuant to: 1) Section 551.074 of the Texas Government Code to discuss quarterly performance evalua- tion of the City Manager; 2) Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding pending or contemplated litigation involving the City of Baytown; 3) Section(s) 551.071 and/or 551.087 of the Texas Government Code to seek the advice of the City's attorneys and/or to discuss economic development negotiations; and 4) Section(s) 551.071 and/or 551.072 of the Texas Government Code to seek the advice of the City's attorneys and/or to deliberate a real property acquisition. At 9:50 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. 12. INDUSTRIAL DISTRICT AGREEMENT—JSW STEEL USA, INC. a. Consider an ordinance authorizing an Industrial District Agreement with JSW Steel (USA) Inc. through tax year 2028. Finance Director Victor Brownlees presented the item as a renewal to an existing agreement.How- ever, Staff proposed a change to the value of the inventory. Rather than it being included in the base for the entirety of the agreement, it would be assessed annually and taxed at the Industrial District Agreement (IDA) rate. JSW had asked the City of Baytown to consider that change and Mr. Brownlees had agreed it was a more appropriate methodology to use in this instance. A motion was made by Council Member Sarah Graham and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,443, related to Item 12.a. The vote was as follows: City Council Regular Meeting Minutes April 27,2023 Page 21 of 22 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham,Council Member Kenrick Griffith,Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 15,443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH JSW STEEL(USA) INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 13. PROPERTY ACQUISITION FOR GARTH ROAD WIDENING PROJECT a. Consider a resolution determining that a drainage easement containing approximately 0.0162 acres of land and a temporary construction easement containing approximately 0.1007 acres of land, identified as Parcel 39, is needed to be acquired from TW Baytown Real Estate, LLC, for the construction, operation, and maintenance of a drainage facility as part of the Garth Road Widening Project for the City of Baytown,Texas, and authorizing the institution of eminent domain proceedings. City Attorney Scott Lemond requested on behalf of City Staff that they be allowed to proceed with eminent domain proceedings. He assured there was public convenience and necessity to acquire that property. Council Member Alvarado thanked Staff for the thorough review of the guidelines and on what was deemed necessary. Mr. Lemond complimented Right-of-Way Coordinator Kim- berley Patterson for her knowledge and for helping the Legal Department focus on the contracts. A motion was made by Council Member Laura Alvarado and seconded by Council Member Sarah Graham to approve Resolution No. 2,842, related to Item 13.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham,Council Member Kenrick Griffith,Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Other: Council Member Heather Betancourth(Absent) Approved RESOLUTION NO. 2,842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DETERMINING THAT A DRAINAGE EASEMENT CONTAINING AP- City Council Regular Meeting Minutes April 27,2023 Page 22 of 22 PROXIMATELY 0.0162 ACRES OF LAND AND A TEMPORARY CONSTRUC- 1 TION EASEMENT CONTAINING APPROXIMATELY 0.1007 ACRES OF LAND, IDENTIFIED AS PARCEL 39, IS NEEDED TO BE ACQUIRED FROM TW BAY- TOWN REAL ESTATE, LLC, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A DRAINAGE FACILITY AS A PART OF THE GARTH ROAD WIDENING PROJECT FOR THE CITY OF BAYTOWN, TEXAS; AU- THORIZING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 14. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the April 27, 2023, City Council Regular Meeting at 9:53 P.M. 0 ti r t .. ........,).. it) .4:.1"-I ' v`%-t.10`,„, NYTQd, �44 • ,, _ Angela Ja tS, on, City 1 rk e --- City of Baytown iT a hF��1'