Loading...
2023 07 27 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 27, 2023 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 27, 2023, at 6:42 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 Heather Betancourth 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 July 27,2023,City Council Regular Meeting with a quorum present at 6:42 P.M., and with all members present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Griffith. 1. MINUTES A motion was made by Council Member Kenrick Griffith and seconded by Council Member Sarah Graham to approve the minutes of Items 1.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, Council Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Approved a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on June 8, 2023. b. Consider approving the minutes of the City Council Work Session and Regular Meeting held on June 22, 2023. City Council Regular Meeting Minutes July 27,2023 Page 2 of 20 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. 5 YEAR Maria Penaloza, Municipal Court, Municipal Court Clerk Wayne Speaks, Public Works & Engineering, Wastewater Operator III Lauren Parrish, Fire, Firefighter Freida Green, Municipal Court, Municipal Court Clerk 15 YEAR Richard Hartis, I.T.S, Computer System Specialist II Gary Carlton, Fire, Fire Engineer 25 YEAR Donald "Chris" Rymer, Police, Police Lieutenant b. Recognize Kevin Harvill from Public Works for being selected as the Top Public Works Leader for the State of Texas. Mayor Capetillo moved the item to a future agenda so that all parties involved could be present. 3. CITIZEN COMMENTS Mayor Capetillo announced a citizen, Ms. Jessica Perez, had signed up to speak on the item. Ms. Perez wished to bring awareness to the crosswalk in front of San Jacinto Elementary and requested Council to look in to that with Goose Creek Consolidated Independent School District (GCCISD). She relayed they would have six hundred(600) students starting school in a couple of weeks. As they only had one(1) crosswalk,it could not accommodate them. She further noted that three hundred (300) of their students had a"no bus"option and would have to walk. Mayor Capetillo announced Former Mayor Calvin Mundinger had signed up to speak on the item. Mr. Mundinger wished to speak about the proposed drilling operation in Scott Bay. He relayed that there were certain types of fish in the bay which was not the case back in the sixties due to heavy pollution. In passing the Clean Water Act, they cleaned up the bay and the fish returned. Those toxins were still there, but dormant and harmless. Disturbed, however, Mr. Mundinger ex- plained that they would have an environmental disaster with all those toxins released. All the fish and marine life would be contaminated and it would spread to Crystal and Burnett Bay as well. As his time to speak was up, Mayor Capetillo entertained a motion to extend his time to speak. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Mike Lester to extend the time of the citizen speaker for three(3)minutes. The vote was as follows: Ayes: Mayor Brandon Capetillo,Council Member Laura Alvarado,Council Mem- ber Sarah Graham, Council Member Kenrick Griffith, Council Member City Council Regular Meeting Minutes July 27,2023 Page 3 of 20 Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Approved Mr. Mundinger continued to share that this was tried back in 2001, but that they had stopped it. He discussed how the City of Baytown formally opposed that permit. With that said, Mr. Mundinger relayed that the damage this would do to the vitality and cleanliness of their bays would be terrible.Not only that,the word would get out about the contaminants and pollutants in the bays of Baytown. He stated that would impact their image and impact them economically.Nevertheless, he hoped they could resolve this to everybody's mutual satisfaction. 4. MUNICIPAL BUDGET FOR FISCAL YEAR 2023-24 a. Receive the City Manager's Proposed Municipal Budget and budget message for Fiscal Year 2023-24. City Manager Jason Reynolds introduced the item and provided a PowerPoint presentation with the discussion topics listed below. But first, he noted that the tax rate would not be addressed that day. Those numbers would be sent to Council via email before their Budget Workshops. With that settled, he proceeded with his presentation as follows: Purpose—Provide the FY2024 Draft Budget for the City Council and Baytown Citizens in preparation for the budget workshops. Intention and Goal—For Council to receive the FY2024 Draft Budget. Before continuing, Mr. Reynolds announced that they were in good financial shape. He reiterated that several times because he would present data that would make Council question what he just said. However, he was bringing issues to them that were fixable. It was imperative that they iden- tified where they were at so that they could make adjustments along the way. With those adjust- ments, the budget in front of them could change to be more sustainable in the future. He continued his presentation by walking through and discussing the information below. General Fund ACTUAL 2021-22 ACTUAL 2021-22 ACTUAL 2021-22 Revenues—Taxes 113,172,293 116,512,527 118,692,868 REVENUES—TOTAL 128,582,532 128,842,691 134,071,927 Expenses—Operating 106,953,464 118,919,274 128,411,587 EXPENSES—TOTAL 133,789,110 148,495 802 139,932,898 (5,206,578) (19,653, 11) (5,860,971) Fund'Balance—Begin 48,976,075 43,769, 97 31,883,287 Fund Balance—End 43,769,497 24,116,386 26,022,316 *Days of Operating Expenditures- 74 City Council Regular Meeting Minutes July 27,2023 Page 4 of 20 General Fund Expenditure Summary FY24 2023 VS 2024 2023 VS 2024 PROPOSED ($CHANGE) (% CHANGE) Personnel Services 94,201,461 5,623,190 6.3% Supplies 7,875,636 1,015,555 14.8% Maintenance 9,574,396 1,556,497 19.4% Services 16,692,330 1,304,949 8.5% Sundry 67,764 4,122 6.5% Miscellaneous 0 (12,000) (100%) Capital 893,500 (275,717) (23.5%) Construction 64,500 64,500 Transfer Out 9,627,811 (16,764,500) (63.5%) Contingency 1,000,000 (1,015,000) (50%) Highlights • Employees - Proposing a 4%Cost-of-Living Adjustment(COLA)Increase - Proposing a Medical Insurance Pay Period Holiday • Department Operations - No New Personnel in the General Fund - Supplemental Funding Decreased - Capital Improvement Plan(CIP)Reduced • Municipal Development District(MDD)projects that had been pushed were cap- tured in the General Fund.Everything else that was not able to be taken was put in the FY24 CIP Budget. However,the Pirates Bay Splashpad did not make the cut. • Organizational Operations - Revenue Growth Lower than Expense Growth - Largest Portion of Expenses were Personnel Costs • Vacancy Rates were Declining(Police and Fire, specifically) Setting the Stage • Influencing Factors - Cost Increases Due to Inflation - Additional/Deferred Maintenance Needs - Subsidizing Other Funds/Component Units • Realign - Excel in Core Services - Catch Up with CIP • Preparing for the Future - Properly Plan for Growth - Identify Needs Before Adding - Review Programs - Financially Plan Enterprise Funds FY24 EXPENSES SUBSIDY Aquatics Fund 4,767,918 1,400,000 Garage Fund 3,362,722 350,000 City Council Regular Meeting Minutes July 27,2023 Page 5 of 20 Hotel/Motel Fund 1,575,111 Sanitation Fund 8,308,309 1,325,000 Storm Water Utility Fund 3,453,566 Warehouse Fund 461,447 75,000 __ Water/Sewer Fund 53,915,723 Revenue and Expenses 130 120 110 100 90 80 FY18 FY19 FY20 FY21 FY22 FY23 FY24 •Revenue Expense-Ops Mr. Reynolds relayed he would like to spend time with Council to review all of their programs and services. He also highlighted that they had many positive additions and revenue generators on the horizon. However, if they continued to spend the way that they have, the additional revenue would be for nothing. Their next steps would be the August 15th and 16th Budget Work Sessions where Council would have an in-depth look at all the things mentioned and more. For the Budget Work Sessions, Council Member Alvarado requested to have something prepared perhaps by the departments that had attrition coming up as they were not adding personnel to the budget. What would that look like? She wished to have those discussions at the Budget Sessions. b. Consider an ordinance setting the date,time and place for a public hearing regarding the Proposed Municipal Budget for Fiscal Year 2023-24. A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tem Jacob Powell to approve Ordinance No. 15,488,related to Item 4.b.,to set August 24,2023, at 6:45 P.M. in the Baytown City Hall Council Chamber as the date, time, and place for their public hearing regarding the Proposed Municipal Budget for Fiscal Year 2023-24. The vote was as follows: Ayes: Mayor I Brandon Capetillo, Council Member Laura Alvarao, 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 July 27,2023 Page 6 of 20 Nays: None Approved ORDINANCE NO. 15,488 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 2023-2024 MUNICIPAL BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider a resolution setting the dates for the budget work sessions to discuss the Proposed Municipal Budget for Fiscal Year 2023-24. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Heather Betancourth to approve Resolution No. 2,848,related to Item 4.c.,to set August 10th, 15th, and 16th at 5:30 P.M. in the Baytown City Hall Council Chamber as the date, time, and place for their Budget Work Sessions to discuss the Proposed Municipal Budget for Fiscal Year 2023-24. 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. 2,848 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,CALLING THREE(3)SPECIAL COUNCIL MEETINGS TO BE HELD ON AUGUST 10,2023,AT 5:30 P.M.,AUGUST 15,2023,AT 5:30 P.M.,AND AUGUST 16, 2023, AT 5:30 P.M., IN THE COUNCIL CHAMBER OF CITY HALL OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. SPECIAL DISTRICTS BUDGETS FOR FISCAL YEAR 2023-24 a. Receive the Fiscal Year 2023-24 Budget of the Baytown Crime Control and Prevention District. Chief Financial Officer Teresa McKenzie introduced the Fiscal Year 2023-24 Budget of the Bak town Crime Control and Prevention District(CCPD) item. The budget consisted of$2.54 milliol in revenue and $2.58 million in expenses. Ms. Mckenzie noted the details were in the Council Members' packets and that the CCPD approved the budget on July 11 th City Council Regular Meeting Minutes July 27,2023 Page 7 of 20 b. Receive the Fiscal Year 2023-24 Budget for the Baytown Fire Control, Prevention, and Emergency Medical Services District. Chief Financial Officer Teresa McKenzie presented the item to Council regarding the Fiscal Year 2023-24 Budget for the Baytown Fire Control, Prevention, and Emergency Medical Services Dis- trict (FCPEMSD). The budget consisted of$2.56 million in revenue and $2.756 million in ex- penses. The budget did not contain any personnel and was approved on July 13tn 6. PROPOSED ANNEXATION OF APPROXIMATELY 53.67 ACRES OF LAND AT 5814 NORTH STATE HIGHWAY 146 a. Consider the second and final 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. Planning and Development Assistant Director Ryan Hvitlok presented the item to Council. He relayed that Staff was requesting an additional "up to ninety(90) days" continuance on this item. Staff was continuing to work with the applicant and believed that they would move forward with the annexation within the next six (6)to eight(8) weeks. A motion was made by Mayor Pro Tern Jacob Powell and seconded by Council Member Heather Betancourth to suspend Items 6.a. and 6.b. 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, Council Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Approved b. 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. Item 6.b. was suspended along with Item 6.a. up to ninety(90) days. 7. PROPOSED ORDINANCES a. Consider an ordinance amending Chapter 30 "Emergency Services", Article III "Emergency Medical Service", Division 3 "Services", Section 30-153 "Fees" of the Code of Ordinances, Baytown,Texas, to update fees for 'Emergency Medical Services. Fire Chief Kenneth Dobson introduced the item to Council with a PowerPoint presentation. The discussion topics were presented as follows: Purpose—Propose Emergency Medical Services(EMS)rate adjustments to current market levels. City Council Regular Meeting Minutes July 27,2023 Page 8 of 20 Current Rates CODE FEE Basic Life Support(BLS) $500 Advanced Life Support(ALS) $600 Advanced Life Support(ALS-2) $700 Mileage(per mile) $10 Treat No Transport(TNT) $150 Disposables(DISP) $0 *Rates set in 2006 Comparisons CITY BLS ALS ALS-2 MILEAGE ALS DISP Baytown $500 $600 $700 $ 10 $- Pearland $ 787 $ 1,055 $ 1,100 $ 15 $300 League City $ 800 $ 900 $ 1,100 $ 21 Itemized Lake Jackson $ 850 $ 1,250 $ 1,650 $ 18 $- Katy $ 1,000 $ 1,000 $ 1,000 $ 10 Itemized Angleton EMS $ 1,050 $ 1,950 $2,890 $25 $ 160 Sugarland $ 1,150 $ 1,881 $ 1,996 $26 $ 319 Mont Belvieu $ 1,200 $ 1,600 $ 1,800 $23 $400 Seabrook $ 1,300 $ 1,500 $ 1,800 $24 $400 Humble $ 1,375 $ 1,596 $ 1,900 $20 $ 375 Chambers $ 1,400 $ 1,600 $ 1,800 $24 $450 Bellaire $ 1,411 $ 1,601 $ 1,712 $23 $ 361 Hardin $ 1,489 $ 1,998 $2,098 $24 $400 Dickinson $ 1,500 $ 1,600 $ 1,700 $24 $400 Santa Fe $ 1,800 $ 1,800 , $ 1,800 $ 15 $450 Houston $ 1,962 $ 1,962 $ 1,962 $ 15 $ - Median $ 1,250 $ 1,600 $ 1,800 $22 $368 Center for Medicare/Medicaid Services(CMS) CODE CMS ALLOWABLE BAYTOWN RATES BLS $404 $500 ALS $532 $600 ALS-2 $694 $700 MILEAGE $9 $10 Staff Recommendation-Adjust the Emergency Medical Services(EMS)rates to current market levels. CODE ` CURRENT MEDIAN PROPOSED BLS $500 $1250 $1000 j ALS $600 $1600 $1400 ALS-2 $700 $1800 $1600 Mileage $10 $22 $22 Treat no Transport $150 $195 $175 Oxygen N/A $125 $120 City Council Regular Meeting Minutes July 27,2023 Page 9 of 20 Disposables-BLS N/A $250 $200 Disposables-ALS N/A $368 $400 A motion was made by Council Member Mike Lester and seconded by Council Member Laura Alvarado to approve Ordinance No. 15,489, related to Item 7.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. 15,489 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 30 "EMERGENCY SERVICES," ARTICLE III "EMERGENCY MEDICAL SERVICE," DIVISION 3 "SERVICES," SECTION 30- 153 "FEES," SUBSECTIONS (A) AND (B) OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,TEXAS,TO REVISE EMERGENCY MEDICAL SER- VICE CHARGES AND CONFORM THE SAME TO THE MEDICARE REIM- BURSEMENT GUIDELINES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a purchase agreement with American Pioneer Investments Inc, for Parcel 5, located at 2900 Market Street, Baytown, Texas 77520 as part of the Market Street Revitalization Project. Public Works and Engineering Assistant Director Michael Leech presented the item to Council. The item was for a purchase associated with the Market Street Revitalization Project. It was dis- cussed with Council a few weeks ago where they granted a Public Necessity for Market Street. Mr. Leech noted Harris County was managing the engineering associated with this project. One of the responsibilities of the City of Baytown was to acquire the right-of-way, or property,necessary for the project. An image was displayed of the track in question located at 2900 Market Street. Purchase Agreement Details • Total Cost: $848,883.84(including closing costs) • Closing Date Anticipated within 30 Days • Owner Has 60 Days After Closing to Vacate Property As the site was It gas station, Council Member Lester inquired if they Iliad environmental testing done. Mr. Leech replied there was preliminary environmental testing associated with the Market Street Project. Once this location was procured,they would have to go through additional environ- mental testing. Council Member Lester question if they secured this and later found out it was a hazardous site, where they stuck with it? Mr. Leech answered, yes, they would be. City Council Regular Meeting Minutes July 27,2023 Page 10 of 20 Upon further questioning, Mr. Leech relayed the proposed use for the property was for a roadway to go over it. As such, it was a low-risk use. City Manager Jason Reynolds gave a brief history on the project and the difficulties they have had with the owner. He felt that if they were to delay this more, at that point they would have to go to eminent domain. Thus, Council needed to assess the risk on either moving with more studies for environmental purposes or to acquire it. Council Member Graham commented over another gas station that was replaced with a roadway and,because of that,she was willing to gamble on this. In lieu of additional questioning,Mr. Leech made note of the procedures associated with gas or fuel tanks in the ground. Council Member Alvarado noted that these questions did come up with the neighborhood. However, the majority believed that the improvement was needed and outweighed the concerns. A motion was made by Council Member Laura Alvarado and seconded by Council Member Sarah Graham to approve Ordinance No. 15,490, related to Item 7.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tem Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,490 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT WITH AMERICAN PIONEER INVESTMENTS, INC., FOR THE PURCHASE OF PROPERTY LOCATED AT 2900 MARKET STREET (PARCEL 5), BAYTOWN, HARRIS COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS LOTS FIVE(5)A ND SIX(6),BLOCK THIRTEEN(13),AMELIA Z. AIRHART SUBDIVISION, WILLIAM SCOTT UPPER LEAGUE, HARRIS COUNTY, TEXAS, AS PART OF THE MARKET STREET REVITALIZATION PROJECT; AUTHORIZING PAYMENT OF A PURCHASE PRICE FOR SUCH PROPERTY IN THE TOTAL AMOUNT OF EIGHT HUNDRED FORTY-EIGHT THOUSAND EIGHT HUNDRED EIGHTY-THREE AND 84/100 DOLLARS ($848,883.84), INCLUDING TITLE INSURANCE AND CLOSING COSTS; MAK- ING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. PROPOSED RESOLUTIONS a. Consider a resolution authorizing an application submittal to the US Department of Transportation's FY2023 Safe Streets and Roads for All Grant Program on behalf of the Public Works and Engineering Department. City Council Regular Meeting Minutes July 27,2023 Page 11 of 20 Assistant to the City Manager Brian Moran opened the item to note that this application was to go before the United States Department of Transportation(USDOT). Also, this was a planning grant that did not have a requirement for a match by the City of Baytown. A motion was made by Council Member Laura Alvarado and seconded by and Council Member Mike Lester approve Resolution No. 2,849, 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 RESOLUTION NO. 2,849 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE UNITED STATES DEPART- MENT OF TRANSPORTATION'S (USDOT) FY2023 SAFE STREETS AND ROADS FOR ALL(SS4A)PROGRAM,WHICH ALLOWS FOR FEDERAL FUND- ING TO DEVELOP, COMPLETE, OR SUPPLEMENT A COMPREHENSIVE SAFETY ACTION PLAN IN THE AMOUNT OF FOUR HUNDRED THOUSAND AND NO/100 DOLLARS($400,000.00)FOR DEVELOPMENT OF A SAFETY AC- TION PLAN FOR THE CITY OF BAYTOWN; AUTHORIZING A LOCAL MATCH; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZ- ING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; ASSURING PROPER USE AND MAINTE- NANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. CONSENT A motion was made by Council Member Heather Betancourth and seconded by Council Member Laura Alvarado to approve Consent Agenda Items 9.a. through 9.y. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Heather Betancourth, Mayor Pro Tern Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes July 27,2023 Page 12 of 20 a. Consider an ordinance authorizing the rejection of all proposals received in response to a Request for Proposals (RFP) for a Third-Party Administrator (TPA) for handling workers' compensation claims. ORDINANCE NO. 15,491 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING THE REJECTION OF ALL PROPOSALS RECEIVED IN RESPONSE TO A REQUEST FOR PROPOSALS (RFP) FOR A THIRD-PARTY ADMINISTRATOR (TPA) FOR HANDLING WORKERS' COMPENSATION CLAIMS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an Interlocal Agreement for cooperative purchasing with the City of Waxahachie. ORDINANCE NO. 15,492 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLO- CAL AGREEMENT FOR COOPERATIVE PURCHASING WITH THE CITY OF WAXAHACHIE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance awarding two housing reconstruction projects located at 221 Graham Street and 711 Denby Street to Villarreal YCIA Builders,under the CDBG Owner- Occupied Housing Rehabilitation Program. ORDINANCE NO. 15,493 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR TWO HOUSING RECONSTRUC- TION PROJECTS LOCATED AT 221 GRAHAM STREET AND 711 DENBY STREET TO VILLARREAL YCIA BUILDERS, FOR THE SUM OF TWO HUN- DRED TWENTY-TWO THOUSAND FOUR HUNDRED SIXTY AND NO/100 DOLLARS($222,460.00);AUTHORIZING PAYMENT THEREOF;AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. d. Consider a resolution authorizing the City Manager to make application to the United States Department of Housing and Urban Development (HUD) for the 2023-2024 Community Development Block Grant (CDBG) funds and designating an authorized representative to accept and affirm any grant awarded as a result of the application. RESOLUTION NO. 2,850 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOP- MENT FOR THE 2023-2024 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZ- ING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD City Council Regular Meeting Minutes July 27,2023 Page 13 of 20 THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance for the purchase and installation of a playground shade structure at Central Heights Park, by The PlayWell Group, Inc., through the Texas Local Government Purchasing Cooperative (BuyBoard). ORDINANCE NO. 15,494 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY THOUSAND NINETY AND 88/100 DOLLARS ($70,090.88) TO THE PLAYWELL GROUP, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERA- TIVE(BUY BOARD),FOR THE PURCHASE AND INSTALLATION OF A PLAY- GROUND SHADE STRUCTURE AT CENTRAL HEIGHTS PARK FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance for the purchase and installation of a Playground Shade Structure at N.C. Foote Park, by Shade Structures, Inc., through the Texas Local Government Purchasing Cooperative#679-22 (BuyBoard). ORDINANCE NO. 15,495 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-SIX THOUSAND THREE HUNDRED ONE AND NO/100 DOLLARS ($66,301.00) TO SHADE STRUC- TURES, INC., THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE PURCHASE AND INSTALLATION OF A PLAYGROUND SHADE STRUCTURE AT N.C. FOOTE PARK FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing an amendment to the Joinder Agreement and Amendment No.2 to the Interlocal Agreement between Harris County and the Harris Center for Mental Health and IDD. ORDINANCE NO. 15,496 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,AUTHORIZING AMENDMENT NO. 1 TO JOINDER AGREEMENT AND AMENDMENT NO.2 TO THE INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY SHERIFF'S OFFICE ("HARRIS COUNTY") AND THE HARRIS CEN- TER FOR MENTAL HEALTH AND IDD ("HARRIS CENTER"); AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 27,2023 Page 14 of 20 h. Consider an ordinance authorizing an Interlocal Agreement between Harris County and the City of Baytown which will allow Harris County Sheriffs Office personnel to authorize non-consent tows from certain freeways within the Baytown City limits in Harris County. ORDINANCE NO. 15,497 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY ALLOWING HARRIS COUNTY SHERIFF'S OFFICE PERSONNEL TO AUTHORIZE NON-CONSENT TOWS FROM CERTAIN FREEWAYS WITHIN THE BAYTOWN CITY LIMITS IN HARRIS COUNTY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance authorizing an amendment to the scope of services to the Professional Services Agreement between Houston HIDTA and Recruitful LLC. ORDINANCE NO. 15,498 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AMENDMENT TO THE SCOPE OF SERVICES TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN HOUSTON HIDTA AND RECRUITFUL LLC; AUTHORIZING PAYMENT BY THE CITY OF BAY- TOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED NINETY-NINE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($299,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EF- FECTIVE DATE THEREOF. j. Consider an ordinance authorizing the purchase of the Microsoft Enterprise Agreement (EA) and Software Assurance (SA) for all City servers with SHI/Government Solutions, Inc., through the Texas Department of Information Resources. ORDINANCE NO. 15,499 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-ONE THOUSAND SEVEN HUNDRED EIGHTY-FOUR AND 32/100 DOLLARS ($51,784.32) TO SHI/GOV- ERNMENT SOLUTIONS, INC., FOR THE PURCHASE OF LICENSES NECES- SARY FOR THE USE AND MAINTENANCE OF ALL CITY SERVERS THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the renewal of the Cityworks Asset Management Software from Azteca Systems, LLC. City Council Regular Meeting Minutes July 27,2023 Page 15 of 20 ORDINANCE NO. 15,500 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CITYWORKS SOFTWARE CONTRACT WITH AZ- TECA SYSTEMS, LLC, FOR THE SOFTWARE USED TO MANAGE, TRACK, AND ANALYZE ALL CITY INFRASTRUCTURE ASSETS;AUTHORIZING PAY- MENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED SEV- ENTY- THREE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($73,200.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider a resolution approving the issuance of$9,770,000.00 Unlimited Tax Bonds, Series 2023, by Harris County Municipal Utility District No. 213-A as meeting the requirements of Section 98-703(17) of the Code of Ordinances, Baytown,Texas. RESOLUTION NO. 2,851 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO.213-A'S ISSUANCE OF NINE MILLION SEVEN HUNDRED SEVENTY THOUSAND AND NO/100 DOLLARS ($9,770,000.00) UNLIMITED TAX BONDS, SERIES 2023, AS MEETING THE REQUIREMENTS OF SECTION 98- 703(17)OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. m. Consider a resolution approving the issuance of$2,135,000.00 Unlimited Tax Bonds, Series 2023 by Chambers County Municipal Utility District No. 1 as meeting the requirements of Section 98-703(17) of the Code of Ordinances, Baytown,Texas. RESOLUTION NO. 2,852 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1'S ISSUANCE OF TWO MILLION ONE HUNDRED THIRTY-FIVE THOU- SAND AND NO/100 DOLLARS ($2,135,000.00) UNLIMITED TAX BONDS, SE- RIES 2023, AS MEETING THE REQUIREMENTS OF SECTION 98-703 (17) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing a Consulting Services Agreement with Terracon Consultants,Inc. for Material Testing for the Robert E. Lee High School Drainage Re-route Project. ORDINANCE NO. 15,501 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH TERRACON CONSULTANTS,INC.,FOR MATERIAL TESTING SERVICES FOR THE ROBERT E. LEE HIGH SCHOOL DRAINAGE RE-ROUTE PROJECT; AU- City Council Regular Meeting Minutes July 27,2023 Page 16 of 20 THORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIFTY-FIVE THOUSAND EIGHT HUNDRED TWELVE AND NO/100 DOLLARS ($55,812.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing the purchase of commercial office furniture for the Public Safety Facility from The Luck Company. ORDINANCE NO. 15,502 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE MILLION FOUR HUNDRED TWENTY-FOUR THOUSAND SIX HUNDRED EIGHTY-TWO AND 06/100 DOL- LARS ($1,424,682.06) TO THE LUCK COMPANY FOR THE PURCHASE OF COMMERCIAL OFFICE FURNITURE FOR THE PUBLIC SAFETY FACILITY PROJECT, THROUGH OMNIA PARTNERS PURCHASING COOPERATIVE, THE INTERLOCAL PURCHASING SYSTEM (TIPS) AND VIZIENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EF- FECTIVE DATE THEREOF. p. Consider an ordinance authorizing the award of the As-Needed HVAC Maintenance, Repair& Emergency Services Contract to American Mechanical Services of Houston,LLC. ORDINANCE NO. 15,503 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF AMERICAN MECHANICAL SERVICES OF HOUSTON, LLC, FOR THE AS-NEEDED HVAC MAINTENANCE, REPAIR &EMERGENCY SERVICES 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 EF- FECTIVE DATE THEREOF. q. Consider an ordinance authorizing a professional services agreement for construction management and inspection with Huitt-Zollars, Inc. for the Public Safety Facility. ORDINANCE NO. 15,504 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 PUBLIC SAFETY FACILITY PROJECT; AUTHOR- IZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED SEVENTY THOUSAND SEVEN HUNDRED SEV- ENTY AND NO/100 DOLLARS ($570,770.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes July 27,2023 Page 17 of 20 r. Consider an ordinance authorizing a professional service agreement for the development of the City of Baytown's Lead Service Line Inventory Program with Carollo Engineers, Inc. ORDINANCE NO. 15,505 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH CAROLLO ENGINEERS, INC., FOR ENGINEERING SERVICES FOR THE DE- VELOPMENT OF THE CITY OF BAYTOWN'S LEAD SERVICE LINE INVEN- TORY PROGRAM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY-FIVE THOUSAND TWO HUNDRED TWENTY-FOUR AND NO/100 DOLLARS($155,224.00);MAK- ING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. s. Consider an ordinance authorizing the first renewal of the Annual Sulfur Dioxide Contract with DXI Industries, Inc. ORDINANCE NO. 15,506 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,RENEWING THE ANNUAL SULFUR DIOXIDE CONTRACT WITH DXI INDUSTRIES, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAY- TOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY-TWO THOUSAND SEVEN HUNDRED FORTY-SIX AND 88/100 DOLLARS ($232,746.88); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. t. Consider an ordinance rejecting all bids for the Wastewater Digester Air-Line Replacement. ORDINANCE NO. 15,507 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING THE BIDS RECEIVED FOR THE WASTEWATER DI- GESTER AIR-LINE REPLACEMENT CONTRACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. u. Consider an ordinance authorizing the award of the Annual Wood Grinding and Material Handling Services Contract to Novus Wood Group, LP. ORDINANCE NO. 15,508 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED NINETY THOUSAND AND NO/100 DOLLARS($390,000.00)TO NOVUS WOOD GROUP, L.P., FOR THE ANNUAL WOOD GRINDING AND MATERIAL HANDLING SERVICES CONTRACT THROUGH A COOPERATIVE PURCHASING AGREE- City Council Regular Meeting Minutes July 27,2023 Page 18 of 20 MENT WITH THE CITY OF PASADENA; MAKING OTHER PROVISIONS RE- LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. v. Consider an ordinance renewing the Annual No-Lead Brass Fittings Contract with Ferguson Enterprises, LLC. ORDINANCE NO. 15,509 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL NO-LEAD BRASS FITTINGS CONTRACT WITH FERGUSON ENTERPRISES, LLC, AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY-NINE THOUSAND SIXTY-FOUR AND 89/100 DOLLARS ($159,064.89); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. w. Consider an ordinance renewing the Annual By-Pass Pumps Contract with Xylem Dewatering Solutions, Inc. ORDINANCE NO. 15,510 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL BY-PASS PUMPS CONTRACT WITH XY- LEM DEWATERING SOLUTIONS, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIFTY-SEVEN THOUSAND AND NO/100 DOLLARS ($57,000.00); MAKING OTHER PROVI- SIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. x. Consider an ordinance renewing the Annual Mechanical Services contract with IPS Pump Services, Inc. ORDINANCE NO. 15,511 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL MECHANICAL SERVICES CONTRACT WITH IPS PUMP SERVICES, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED FORTY-NINE THOUSAND NINE HUNDRED NINETY AND NO/100 DOLLARS ($549,990.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. y. Consider an ordinance authorizing the purchase of two (2) fleet vehicles from Monument Chevrolet for the Public Works and Engineering Department and the Parks and Recreation Department. City Council Regular Meeting Minutes July 27,2023 Page 19 of 20 ORDINANCE NO. 15,512 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF TWO (2) FLEET VEHICLES FROM MONUMENT CHEVROLET FOR THE PUBLIC WORKS AND ENGI- NEERING DEPARTMENT AND THE PARKS AND RECREATION DEPART- MENT; AUTHORIZING PAYMENT TO MONUMENT CHEVROLET IN THE AMOUNT OF ONE HUNDRED TWENTY-SEVEN THOUSAND AND NO/100 DOLLARS($127,000.00);MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 10. MANAGER'S REPORT City Manager Jason Reynolds opened his report by first thanking the Finance Department for pre- paring the budget and all those that helped. He then recognized Fire Division Chief James Miller for completing his Associate's Degree in Fire Science from San Jacinto College. The Parks and Recreation Aquatics Teams were also recognized for competing in relay races, simulated rescues, and tested their lifeguard skills. The teams placed second place in CPR as well as second, third, fourth, and fifth place in the spinal-injury scenario. They also had their Parks and Recreation Summer Track Program compete in a regional track meet. They had thirty-seven (37) top-ten finishers which qualified them for the Texas Amateur Athletic Federation Summer Games. Lastly, Public Works and Engineering Assistant Director Michael Leech was recognized for being elected as the President of the Southeast Branch of the Texas Public Works Association. 11. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Kenrick Griffith regarding projects, programs and events in District No.3. Council Member Griffith reported that the tree trimming projects on Lakewood Drive, North and South Burnett Drive, and Greenbrier were complete. Public Works had also cut, or mow, all the ditches and cleaned out the drain pipes in the Lakewood Subdivision and Bayway Drive. He noted that was all complete and ready for the hurricane season. On a separate note, Public Works was currently repairing asphalt breakdowns on Baytown Drive from Bay Villa to Arbor. Council Mem- ber Griffith also listed the streets that were scheduled for repair as well as future ditch maintenance. Next, the utility work on Garth Road was briefly addressed. Council Member Griffith noted that impacts to the traveling public had been minimal. He further shared that he attended the Lakewood Civic Association Meeting where he received a lot of feedback from residents and looked forward to speaking with them again. On the Nature Center, Council Member Griffith discussed over their events from May to June and encouraged people to join their Summer Science Camps. He ended his report announcing that a new plat for San Jacinto Marketplace was filed that afternoon. City Council Regular Meeting Minutes July 27,2023 Page 20 of 20 12. 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 and/or waivers of potential conflicts of interest involving outside counsel. b. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.071 to consult with the City's attorney, Section 551.072 to deliberate regarding real property and/or Section 551.087 to deliberate regarding economic development negotiations. At 7:46 P.M., Mayor Capetillo 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/or waivers of potential conflicts of interest involving outside counsel; and 2) Section 551.071 of the Texas Government Code to consult with the City's attorney, Section 551.072 to deliberate regarding real property, and/or Section 551.087 to deliberate regard- ing economic development negotiations. At 9:04 P.M., Mayor Capetillo 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. Council Member Betancourth was not present at the time the meeting reconvened. 13. ADJOURN With there being no further business to discuss,Mayor Capetillo adjourned the July 27,2023, City Council Regular Meeting at 9:05 P.M. 0-An *14" , gayoaenec n , Angela Ja son, Cit$C, `r °"'�i City of Baytown > .ate 6