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2023 06 22 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 22, 2023 The City Council of the City of Baytown, Texas,met in a Regular Meeting on Thursday, June 22, 2023, at 6:32 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 Mike Lester Council Member Jacob Powell Mayor Pro Tern Jason Reynolds City Manager Scott Lemond City Attorney Angela Jackson City Clerk John Stringer Sergeant at Arms Mayor Pro Tem Powell convened the June 22,2023, City Council Regular Meeting with a quorum present at 6:32 P.M. All members were present with the exception of the absences of Mayor Brandon Capetillo and Council Member Heather Betancourth. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Graham. Mayor Pro Tem Powell pulled and considered Items 2.a. and 5.a. first before continuing with the regular order of the agenda starting with Item l.a. 1. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Human Resources Manager Lionel Williams presented the item and provided a video presentation of all the individuals that received the Years of Service award for the month of June. 5 YEAR Juan Perez, Public Works and Engineering, Concrete Specialist Kyree Wheeler, Public Works and Engineering, Concrete Specialist Jordan Haas, Public Works and Engineering, Pollution Control Specialist I Michael Brown, Fire, Firefighter Ryan Guseman, Fire, Firefighter Anthlny Henry, Fire, Firefighter Amanda Speegle, Police, Administrative Assistant Stephen Boggs, Fire, Firefighter Garrett Guedry, Fire, Firefighter Teddy Sims, Police, Patrol Officer City Council Regular Meeting Minutes June 22,2023 Page 2 of 16 10 YEAR John Barefoot, Finance/Purchasing, Warehouse Specialist 15 YEAR Juan Delacruz, Police, Patrol Officer Dustin Sieber, Health, Environmental Health Coordinator II Chad Brown, Health, Community Service Supervisor Glenn Loyd, Police, Patrol Officer Christopher Turner, Utility Billing, Crew Leader Porfirio Rodriguez, Police, Patrol Officer 25 YEAR Lionel Williams, Human Resources, HR Manager Kevin Davis, Police, Police Sergeant 2. CITIZEN COMMENTS As no citizen signed up to speak on the item, the Council proceeded to the next item. 3. REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN,TEXAS A motion was made by Council Member Mike Lester and seconded by Council Member Kenrick Griffith to postpone Items 3.a. and 3.b., as requested by City Staff, up to sixty(60) days. The vote was as follows: Ayes: 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: Mayor Brandon Capetillo (Absent) Council Member Heather Betancourth (Absent) Approved a. Conduct a public hearing concerning proposed amendments to the approved project plan and reinvestment zone fmancing plan for Reinvestment Zone Number One, City of Baytown, Texas (the "zone") resulting in the increase of geographic area and project costs of the zone pursuant to Chapter 311,Texas Tax Code. b. Consider an ordinance annexing approximately 125.2821 acres of land into Reinvestment Zone NIumber One, City of Baytown, Texas (the "Zone"); 1,nd adopting the Restated and Eighth Amended Project Plan and Reinvestment Zone Financing Plan. City Council Regular Meeting Minutes June 22,2023 Page 3 of 16 4. PROPOSED ORDINANCES a. Consider an ordinance authorizing a Purchase Agreement with H-E-B, LP, a Texas limited partnership, formerly known as HEB Grocery Company, LP for Parcel 23, located at 6430 Garth Road, Baytown, Texas as part of the Garth Road Widening Phases A&B Project. Public Works and Engineering Assistant Director Michael Leech presented the item to Council. The purpose of the item was for property acquisition tied to the Garth Road Widening Project.The property acquisition had two (2) components: 1) the purchase of the property, and 2) the procure- ment of a temporary construction easement. Mr. Leech noted that the purchased property would remain the property of the City of Baytown in perpetuity. The temporary construction easement would revert back to HEB upon conclusion of the construction. Mr. Leech then displayed various exhibits to pinpoint the location of the property and the area for the construction easement. The total price of the Purchase Agreement was two hundred and twenty thousand dollars ($220,000). Mr. Leech relayed that included the temporary construction easement as well as the purchase fee. To conclude, the following details of the agreement were presented to Council: • HEB would remove fueling station signs; • HEB was responsible for any lien costs • City would pay instrument recording and (none discovered to date); and closing costs; • Closing date to be determined. A motion was made by Council Member Sarah Graham and seconded by Council Member Mike Lester to approve Ordinance No. 15,473, related to Item 4.a. The vote was as follows: Ayes: 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: Mayor Brandon Capetillo (Absent) Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 15,473 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT WITH H-E-B, LP, A TEXAS LIMITED PARTNERSHIP, FOR- MERLY KNOWN AS HE GROCERY COMPANY,LP,FOR THE PURCHASE OF PROPERTY LOCATED AT 6430 GARTH ROAD (PARCEL 23), BAYTOWN, HARRIS COUNTY,TEXAS,BEING MORE PARTICULARLY DESCRIBED AS A 0.0601-ACRE PARCEL OF LAND, A 0.0088-ACRE PARCEL OF LAND, AND A 0.0324-ACRE PARCEL OF LAND, ALL OF WHICH ARE SITUATED IN THE W.C.R.R. CO. SURVEY, ABSTRACT NO. 899, HARRIS COUNTY, TEXAS, AND City Council Regular Meeting Minutes June 22,2023 Page 4 of 16 BEING OUT OF AND A PART OF LOT 1,BLOCK 1 OF GARTH CENTER MINOR PLAT; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROP- ERTY IN THE TOTAL AMOUNT OF TWO HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($220,000.00); MAKING OTHER PROVISIONS RE- LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a Professional Services Agreement with Carollo Engineers, Inc., for the design of the Texas Avenue Lift Station Improvements Project. Public Works and Engineering Assistant Director Michael Leech specified the item was to request Council's approval of a design contract with Carollo Engineers. The design would be for a new lift station to replace the existing Texas Avenue Lift Station. Mr. Leech noted this was a Capital Improvement Plan(CIP)project and, as such, the request had a lot to do with aging infrastructure. The project was intended to be a rehabilitation project,but the City's operation team and engineer had noticed a few things. One of those things was that the lift station was not designed to be ex- panded and therefore would not allow for additional capacity. In addition, when constructing or rehabilitating lift stations,they must be above the hundred-year floodplain.The existing lift station was not above that. The current wet well design was also not conducive to a long pump life. Mr. Leech relayed there were new standards in place that were incorporated in the new design. After the initial assessment, Staffs recommendation was to construct a new lift station rather than to rehabilitate as it was a better value for the City in the long run. The package would come with a wet well, pumps, controls, SCADA, et cetera. The design and bid process was scheduled to be eighteen (18) months with an additional eighteen (18) months for the construction. The cost for the design was nine hundred twenty-two thousand, five hundred and seventy-two dollars ($922,572). The location of the lift station would be on Texas Avenue behind the daycare center. A motion was made by Council Member Sarah Graham and seconded by Council Member Kenrick Griffith to approve Ordinance No. 15,474, related to Item 4.b. The vote was as follows: Ayes: 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: Mayor Brandon Capetillo (Absent) Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 15,474 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC., FOR DESIGN SERVICES FOR THE TEXAS AV- ENUE LIFT STATION IMPROVEMENTS PROJECT;AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINE HUN- City Council Regular Meeting Minutes June 22,2023 Page 5 of 16 DRED TWENTY-TWO THOUSAND FIVE HUNDRED SEVENTY-TWO AND NO/100 DOLLARS ($922,572.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance to amend the City of Baytown General Fund CIPF and Water & Sewer CIPF FY23 budget. Chief Financial Officer Teresa McKenzie presented the ordinance to Council which was to author- ize an amendment to the Capital Improvement Program. Ms. McKenzie explained the point of the amendment was to reduce the proposed debt issuance the City had for the next year and to help with inflation. Staff had to adjust the projects to ensure they had funding for the future years. Ms. McKenzie provided the following table to further elaborate on the budget amendment. She lastly noted that it had been presented to the Finance Committee and they recommended approval. FY23 Proposed FY23 Funding Source Adopted Budget Amended % Change Budget Amendment Budget GOVERNMENTAL FUNDS General Fund CIPF 63,911,312 17,528 63,928,840 0.03% TOTAL GOVERNMENTAL $ 63,911,312 $ 17,528 $ 63,928,840 0.03% Funding Breakdown Fund Balance 23,098,182 (400,000) 22,698,182 Current Revenue 18,164,255 417,528 18,581,783 Debt 22,648,876 - 22,648,876 TOTAL FUNDING $ 63,911,313 $ 17,528 $ 63,928,841 ENTERPRISE FUNDS Water&Sewer Fund CIPF 49,734,582 (8,523,291) 41,211,292 -20.68% TOTAL ENTERPRISE FUND $ 49,734,582 $ (8,523,291) $ 41,211,292 -20.68% Funding Breakdown ARPA 15,977,700 - 15,977,700 Fund Balance 3,230,262 3,607,721 6,837,983 Current Revenue 10,526,620 (1,641,012) 8,885,609 Debt 20,000,000 (10,490,000) 9,510,000 TOTAL FUNDING $ 49,734,582 $ (8,523,291) $ 41,211,292 GRAND TOTAL $ 113,645,895 $ (8,505,762) $ 105,140,132 -8.09% A motion was made by Council Member Laura Alvarado and seconded by Council Member Mike Lester to approve Ordinance No. 15,475, related to Item 4.c. The vote was as follows: Ayes: Council Member Laura Alvarado Council Member Sarah Graham,Council II Member Kenrick Griffith, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None City Council Regular Meeting Minutes June 22,2023 Page 6 of 16 Other: Mayor Brandon Capetillo (Absent) Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 15,475 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,APPROVING AN ADJUSTMENT TO THE CITY OF BAYTOWN'S GEN- ERAL FUND CAPITAL IMPROVEMENT PROGRAM FUND AND WATER & SEWER CAPITAL IMPROVEMENT PROGRAM FUND FISCAL YEAR 2022-23 BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing Public Necessity for forty-six (46) tracts of land for the Garth Road Widening Project, Phases A&B. Public Works and Engineering Assistant Director Michael Leech opened the item noting that its purpose was to request Council's consideration of a public necessity declaration. The declaration would help facilitate the acquisition of forty-six (46) total parcels along Garth Road. Mr. Leech relayed that would just be for Phases A and B of the Garth Road Widening Project. He noted there were twelve (12) fee-simple tracts, fifteen (15) drainage easement tracts, and nineteen (19) tem- porary construction easements. The limits of the Garth Road Project for Phases A and B were from IH-10 to Archer Road. Visuals of those tracks were provided to show their location and size. Mr. Leech then discussed over the public necessity process. If the City were unable to successfully negotiate with the landowner,they would provide an appraisal letter. If that offer was not accepted, Mr. Leech stated the eminent domain process would kick in. However, Staffs plan was to interact with the owners to see if they could come to a fair deal without using eminent domain. With that said, Mr. Leech concluded his presentation by requesting Council's approval of the ordinance. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Sarah Graham to approve Ordinance No. 15,476, related to Item 4.d. The vote was as follows: Ayes: 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: Mayor Brandon Capetillo (Absent) Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 15,476 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE NECESSITY TO ACQUIRE TWELVE (12) FEE SIM- PLE TRACTS, FIFTEEN (15) DRAINAGE EASEMENT TRACTS, AND NINE- City Council Regular Meeting Minutes June 22,2023 Page 7 of 16 TEEN (19) TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUC- TION,OPERATION,AND MAINTENANCE AS A PART OF THE GARTH ROAD WIDENING PROJECT; DETERMINING THE PUBLIC NECESSITY FOR SUCH ACQUISITIONS; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR THE GARTH ROAD WIDENING PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS,TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AU- THORIZING THE CITY MANAGER OR DESIGNEE TO TAKE ALL STEPS NEC- ESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND ORDINANCES; AND AUTHORIZING THE CITY ATTORNEY OR DESIGNEE TO INSTITUTE CONDEMNATION PRO- CEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing Public Necessity for eight(8)tracts of land for the Market Street Revitalization Project. Public Works and Engineering Assistant Director Michael Leech noted that Item 4.e. was similar to Item 4.d., but for the Market Street Revitalization Project. The limits of the project was from Bayway Drive to West Sterling Avenue, and they were only looking at eight(8) fee-simple tracts. Exhibits were displayed to show the location of those tracts. As the process for public necessity was already discussed in Item 4.d., Mr. Leech concluded by requesting Council's approval. A motion was made by Council Member Laura Alvarado and seconded by Council Member Sarah Graham to approve Ordinance No. 15,477, related to Item 4.e. The vote was as follows: Ayes: 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: Mayor Brandon Capetillo (Absent) Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 15,477 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THE NECESSITY TO ACQUIRE EIGHT (8) TRACTS OF LAND FOR THE MARKET STREET REVITALIZATION PROJECT;DETERMIN- ING THE PUBLIC NECESSITY FOR SUCH ACQUISITIONS; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR THE GARTH ROAD WIDENING PROJECT; APPOINTING AN APPRAISER AND NEGOTIA- TOR AS NECESSARY;AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROP- City Council Regular Meeting Minutes June 22,2023 Page 8of16 ERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND ORDINANCES; AND AUTHORIZING THE CITY ATTORNEY OR DESIGNEE TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROP- ERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL;AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. 5. PROPOSED RESOLUTIONS a. Consider a resolution for the acceptance of a donation from ExxonMobil Corporation that will be used by Sterling Municipal Library and the Baytown Parks and Recreation Department. Parks and Recreation Assistant Director Tracey Prothro introduced the item thanking ExxonMobil for continuing to support the City of Baytown's Wetlands and Nature Center programs. Library Director Jamie Eustace also shared that the Sterling Municipal Library used Exxon funds for lit- eracy as well as science, technology, engineering, and math(STEM)programming. Exxon Repre- sentative Connie Tilton was present at the meeting and delivered the donation to Council. A motion was made by Council Member Laura Alvarado and seconded by Council Member Mike Lester to approve Resolution No. 2,846, related to Item 5.a. The vote was as follows: Ayes: 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: Mayor Brandon Capetillo (Absent) Council Member Heather Betancourth (Absent) Approved RESOLUTION NO. 2,846 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) FROM EXXON MOBIL COR- PORATION FOR STERLING MUNICIPAL LIBRARY AND THE PARKS AND RECREATION DEPARTMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution idopting the findings and facts of the Baytown Hous4g Needs Assessment of 2023. Planning and Development Director Martin Scribner opened the item recalling, at their last meet- ing, Council was presented the findings of the Housing Needs Assessment. With this item, Staff sought Council's approval for the adoption of the findings of that report. Mr. Scribner assured City Council Regular Meeting Minutes June 22,2023 Page 9 of 16 Council that the adoption would not change policy in any way. It would merely provide a base for further recommendations from Staff and a base for Council. Thus, Staff recommended approval. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Laura Alvarado to approve Resolution No. 2,847, related to Item 5.b. The vote was as follows: Ayes: 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: Mayor Brandon Capetillo (Absent) Council Member Heather Betancourth (Absent) Approved RESOLUTION NO. 2,847 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING THE FINDINGS AND FACTS OF THE BAYTOWN HOUS- ING NEEDS ASSESSMENT OF 2023; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending December 31,2022. Chief Financial Officer Teresa McKenzie presented the City of Baytown's Quarterly Financial and Investment Reports for the period ending December 31, 2022, as follows: QUARTER IN REVIEW Beginning Ending Fund Fund Balance/ + Revenue — Expenses = Fund Balance/ Working Capital Working Capital - -- - - General Fund B dg t 8 Received GeneralrB $ 43,251,471 83,939,388 35,077,912 5 92,112,947 Hotel/Motel Occupancy Tax"' $ 2,773,561 344,225 894,060 $ 2,223,726 65.1 5% ----.....--......... ------------ Water&Sewer $ 7,539,217 12,349,739 12,272,196 $ 7,616,761 General Fund Budget Spent sanitationwc $ 815,430 1,719,082 930,073 $ 1,604,440 S149,387,334/535,077,912 .....—------------------------- 23.48% Storm Waterwc $ 3,056,954 1,051,228 1,154,091 $ 2,954,091 Aquaticswc $ (160,705) 53,801 466,320 $ (573,224) Streets`' $ 7,829,655 1,390,505 2,634,202 $ 6,585,959 City Council Regular Meeting Minutes June 22,2023 Page 10 of 16 Ms. McKenzie commented that all of their fund balances and working capital were doing well, except for the Aquatics Fund. She explained it was that way because their revenue was seasonal. FYTD Property Tax Collections VA 1".r. • • fli ■Total f k DEBT ■I&s 6'2 44 4 Ii Unspent Bond 24,000,000 5,406,540 ■M&o Proceeds filit ail 8,862,733 $73,407,21 7 FY22 FY23 Budgeted Levy Sales Tax Receipts(Cash Basis) 2,300 v) 2,000 z Z 1,700 tir—f[----I —1,E -- -- —.. I Oz 1, . _ _ OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 0 FY22 1,514 1,680 1,552 1,757 2,046 1,363 1,424 1,988 1,601 1,821 1,820 1,794 ■FY23 1,720 1,859 1,771 ■FY22 a FY23 Investments(Book Value) Security Type Balance Earnings Agency $ 10,009,184 $ 81,733 Agency 32,749,883 265,044 Commercial Paper 29,745,097 283,733 Texpool/TexSTAR 202,454,893 1,606,614 US Govt 4,851,095 70,976 Total $ 279,810,153 $ 2,308,100 j i 7. CONSENT A motion was made by Council Member Sarah Graham and seconded by Council Member Kenrick Griffith to approve Consent Agenda Items 7.b. through 7.j., as Item 7.a. was pulled for discussion purposes. The vote was as follows: City Council Regular Meeting Minutes June 22,2023 Page 11 of 16 Ayes: 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: Mayor Brandon Capetillo (Absent) Council Member Heather Betancourth (Absent) Approved a. Consider an ordinance awarding the Annual Roll-Off Container Services Contract to Texas Modern Waste, LLC. Mayor Pro Tern Powell announced Mr. Gary Pearson had signed up to speak on the item. On behalf of Frontier Waste Solutions, Mr. Pearson stated that he and his colleague were present to bring an opportunity to save Baytown taxpayers one hundred and five thousand dollars ($105,000) a year. He then wished to turn the floor over to his colleague. Mayor Pro Tern Powell announced Mr. Bill Killian had signed up to speak on the item. Mr.Killian proceeded to introduce their firm,Frontier Waste Solutions,and all of their capabilities to Council.With all those qualifications that he mentioned,he also added that they were the lowest bidder for the contract. Thus,they did not understand how they were not the best value for the City and were not offered an interview. However, the awardee, Texas Modern Waste, was offered to lower their first initial bid price which was higher than the request for proposal (RFP). With that said, Mr. Killian requested Council pull the item and do proper diligence to reach the best value. Mayor Pro Tern Powell announced Mr. Darius Garcia had signed up to speak on the item. Mr. Garcia was the owner of Superior Waste Industries and introduced his business to Council. As several exemplary companies participated in the RFP, he wanted to make sure that due diligence was being done by vetting all the different vendors. Mr. Garcia stated Superior Waste would be another good solution to the City of Baytown's waste contract. He hoped Council would consider all the different options and give the other companies a chance. With that being the last vendor to speak, City Manager Jason Reynolds summarized the situation for Council. Once it came to Staff's attention that some vendors were not happy with how the bid process went, they had two (2) people look in to the process flow to ensure it was followed as it should have been. Mr. Reynolds reported that the process did follow the appropriate flow and further discussed how thIF bids were evaluated. He assured Council that the e4uators did their due diligence and that Texas Modern Waste had the highest score based on the grading criteria. Mr. Reynolds also clarified that once Texas Modern Waste was emailed by Purchasing of being pre-awarded the contract and was pending Council's approval, the company themselves emailed back that they had a lower cost for the City. Therefore, there was not an active negotiation nor City Council Regular Meeting Minutes June 22,2023 Page 12 of 16 contact by Staff requesting a lower cost. Mr. Reynolds stated it was from there where that was put in to the documents that was presented to Council. The bottom line was that the evaluators,based on the criteria and without pressure from anybody else, made their decision as was presented. As the awardee was located in Baytown, Council Member Graham asked where Frontier Waste Solutions was located. Mr. Killian answered that they were located in Pearland. Next, Council Member Graham questioned if Texas Modern Waste was the same company that had the contract prior to the bid going out. A member of the City Staff replied, no, it was not the same company. Council Member Alvarado commented her appreciation for the companies coming and stating their case. She recalled her time on the Architectural and Engineering(A&E)Committee and noted that while they did look at cost,there was a grade of service that they looked at as well. Thus,they may not always take the lowest bid. Council Member Alvarado stated she would trust the process for the present day. However, as it was an annual contract, she asked it be further reviewed to see what could be done better and to give the companies an opportunity to weigh in for their services. Mayor Pro Tern Powell echoed Council Member Alvarado comments. Cost was a component,but they would not just go and take the lowest bid. The City had other components built in to the evaluation process. With that said, Mayor Pro Tem Powell had no further concerns. A motion was made by Council Member Laura Alvarado and seconded by Council Member Kenrick Griffith to approve Ordinance No. 15,487, related to Item 7.a. The vote was as follows: Ayes: Council Member Laura Alvarado, Council Member Kenrick Griffith, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: Council Member Sarah Graham Other: Mayor Brandon Capetillo (Absent) Council Member Heather Betancourth (Absent) Approved ORDINANCE NO. 15,487 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF TEXAS MODERN WASTE, LLC, FOR THE ANNUAL ROLL-OFF CONTAINER SERVICES CONTRACT AND AUTHORIZ- ING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF FIVE HUN- DRED EIGHTY THOUSAND FIVE HUNDRED SIXTY AND NO/100 DOLLARS ($580,560.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance avrarding the As-Needed Electrical Services and Electrical Motor Services Contract to Baytown Electric Company and Pfeiffer& Son,LTD. City Council Regular Meeting Minutes June 22,2023 Page 13 of 16 ORDINANCE NO. 15,478 AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BIDS OF BAYTOWN ELECTRIC COMPANY AND PFEIFFER& SON, LTD., FOR THE ANNUAL AS-NEEDED ELECTRICAL SER- VICES AND ELECTRICAL MOTOR SERVICES CONTRACT AND AUTHORIZ- ING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED SEVENTY THOUSAND AND NO!100 DOLLARS ($570,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance awarding the Annual As-Needed Plumbing Services Contract to Blackmon, Inc. ORDINANCE NO. 15,479 AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BLACKMON, INC., FOR THE ANNUAL AS- NEEDED PLUMBING SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUN- DRED THOUSAND AND NO/100 DOLLARS ($300,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the award of the Annual Nuisance Abatement Mowing Contract to McLemore Building Maintenance, Inc., Del Sol Group, and Greenscapes Six, LLC. ORDINANCE NO. 15,480 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BIDS OF MCLEMORE BUILDING MAINTENANCE, INC., DEL SOL GROUP LLC, AND GREENSCAPES SIX, LLC, FOR THE AN- NUAL NUISANCE ABATEMENT MOWING CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($275,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing Arthur J. Gallagher (AJG) Risk Management Services, Inc., as the City's insurance broker, to place the City's Cyber Liability Coverage for FY 2023-24 with Travelers Casualty and Surety Company of America. ORDINANCE NO. 15,481 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ARTHUR J. GALLAGHER (AJG) RISK MANAGE- MENT SERVICES, INC., AS THE CITY'S INSURANCE BROKER, TO PLACE THE CITY'S CYBER LIABILITY COVERAGE FOR FY 2023-24 WITH TRAVEL- City Council Regular Meeting Minutes June 22,2023 Page 14 of 16 ERS CASUALTY AND SURETY COMPANY OF AMERICA; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED FIFTY-TWO THOUSAND TWO HUNDRED NINETY AND NO/100 DOLLARS ($52,290.00)FOR THE CYBER LI- ABILITY COVERAGE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the Extension of the Agreement for Emergency Protection Services with Cedar Port Navigation and Improvement District,formerly known as Chambers County Improvement District No.I,for a one-year term expiring June 30,2024. ORDINANCE NO. 15,482 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXE- CUTE AND THE CITY CLERK TO ATTEST TO AN EXTENSION OF THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH CEDAR PORT NAVIGATION AND IMPROVEMENT DISTRICT, FORMERLY KNOWN AS CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 1;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the Extension of the Agreement for Emergency Protection Services with Chambers County Improvement District No. 2 for a one-year term expiring June 30, 2024. ORDINANCE NO. 15,483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXE- CUTE AND THE CITY CLERK TO ATTEST TO AN EXTENSION OF THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH CHAM- BERS COUNTY IMPROVEMENT DISTRICT NO.2; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the Extension of the Agreement for Emergency Protection Services with Chambers County Improvement District No. 3 for a one-year term expiring June 30, 2024. ORDINANCE NO. 15,484 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXE- CUTE AND THE CITY CLERK TO ATTEST TO AN EXTENSION OF THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH CHAM- 1 BERS COUNTY IMPROVEMENT DISTRICT NOl 3;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance amending Ordinance No. 15,454, adopted on May 25,2023,to correct a scrivener's error concerning the spelling of the street name "Eugenio Santana Drive." i i City Council Regular Meeting Minutes June 22,2023 Page 15 of 16 ORDINANCE NO. 15,485 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 15,454 OF THE BAYTOWN CITY COUNCIL ADOPTED ON MAY 25, 2023, TO CORRECT A SCRIVENER'S ER- ROR CONCERNING THE SPELLING OF THE STREET NAME "EUGENIO SAN- TANA DRIVE;" REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFEC- TIVE DATE THEREOF. j. Consider an ordinance authorizing Amendment No. 16 to the Interlocal Agreement with Harris County for Circulator Bus Service in the City of Baytown. ORDINANCE NO. 15,486 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING AMENDMENT NO. 16 TO THE INTERLOCAL AGREE- MENT WITH HARRIS COUNTY FOR CIRCULATOR BUS SERVICE IN THE CITY OF BAYTOWN; AUTHORIZING PAYMENT TO HARRIS COUNTY IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SEVENTY THOUSAND AND NO/100 DOLLARS ($370,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. MANAGER'S REPORT City Manager Jason Reynolds first reported over the City of Baytown's Juneteenth Celebration. He relayed they had a very large crowd and that it was wonderful event. Mr. Reynolds thanked everyone involved and that attended the event. Moreover, the Public Affairs Department was rec- ognized for winning a TAMI Award by the Texas Association of Municipal Information Officers for their publications. The Planning Department was also recognized for being chosen for a gold award—the highest award for Public Outreach from the American Planning Association (APA) Houston Section. Planning was awarded gold for their online development permit hub. Mr. Reynolds then highlighted the following employees for their achievements: • Network Specialist Gilbert Garcia from the Information Technology Services(ITS) De- partment received his CompTIA A+ Certification; and • Computer System Specialist Levi Masterson also from the ITS Department received his CompTIA Network Plus and IT Operations Specialist Certification. In addition, Mr. Reynolds gave a shout out to Police Officer Johnny Nguyen for stopping a bur- glary of a vehicle while patrolling. Corporal Brian Parker [didn't sayfirst name, went off intranet directory] is also recognized for his commitment to the Traffic Safety Orientation and the Ex- plorer Program. Mr. Reynolds lastly listed the following topics that would be discussed in their next work sessions: • the animal ordinance; • a budget session; and • the vacant building ordinance; • catalytic convers. • an audit; 9. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Sarah Graham regarding projects,programs and events in District No. 2. Council Member Graham opened her report discussing over the new Utilities Building on Texas Avenue which would open in the next month. She also commented over the City's Juneteenth Celebration and noted there was about twenty-five thousand (25,000) people that had attended. The City would have their July 4th Celebration there next at Bicentennial Park. Council Member Graham then shared that she attended an Arts, Culture, and Entertainment(ACE) District meeting and invited everyone to check out their new sculptures and Art Alley. She ended her report en- couraging parents to get their kids involved with the Wetlands Center and their summer camps. 10. EXECUTIVE SESSION a. 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. b. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to discuss the quarterly performance evaluation of the City Manager. At 7:26 P.M., the Mayor Pro Tem recessed and convened in to an Executive Session pursuant to: 1) 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; and 2) Section 551.074 of the Texas Government Code to discuss the quarterly performance eval- uation of the City Manager. At 8:34 P.M.,the Mayor Pro Tem reconvened the meeting and announced that,in accordance with Section 551.102 of the Texas Government Code, no action was taken in the Executive Session. 11. ADJOURN With there being no further business to discuss, Mayor Pro Tern Powell adjourned the June 22, 2023, City Council Re. lar Meeting at 8:34 P.M. IV 41 % .:' 4 ... i • �� ®� �j • Angela Jac son;'City Clerk �L.° City of Baytown .