2023 09 28 CC Minutes MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
September 28, 2023
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
September 28, 2023, at 6:31 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 Council Member
Mike Lester Mayor Pro Tern
Brandon Capetillo Mayor
Jason Reynolds City Manager
Scott Lemond City Attorney
Angela Jackson City Clerk
John Stringer Sergeant at Arms
Mayor Capetillo convened the September 28, 2023, City Council Regular Meeting with a quorum
present at 6:31 P.M., and with all member present.
The Pledge of Allegiance,Texas Pledge, and Invocation were led by Council Member Alvarado.
1. MINUTES
A motion was made by Council Member Kenrick Griffith and seconded by Council Member Laura
Alvarado to approve the minutes of Items l.a. through 1.d., 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, Council Member Jacob Powell, and Mayor
Pro Tern Mike Lester
Nays: None
Approved
a. Consider approving the minutes of the City Council Special (Budget) Work Session
held on August 15, 2023 .
b. Consider approving the minutes of the City Council Special (Budget) Work Session
held on August 16,2023.
1
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September 28,2023
Page 2 of 20
c. Consider approving the minutes of the City Council Work Session Meeting held on
August 24,2023.
d. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on September 14, 2023.
2. CITIZEN COMMENTS
Mayor Capetillo announced a citizen, Ms. Isabella Schneider, had signed up to speak on the item.
Ms. Schneider spoke over a situation with her water bill. She only had two (2)people in her house
who did not do laundry, had rain barrels, and turned their irrigation system off for six (6)months.
Yet, she was billed for using sixty thousand (60,000) gallons of water in a month. Ms. Schneider
shared she had received three(3)bills like that and would appreciate an investigation.
Mayor Capetillo informed the citizen that,unfortunately, Council could not deliberate nor discuss
the issue. Nevertheless,he relayed that he would forward that to Staff to inquire.
Mayor Capetillo announced a citizen, Ms. Vela Busby, had signed up to speak on the item.
Ms. Busby also shared her concerns over her water bill which,over the course of the last year,had
tripled. She also understood that she was billed for the water that exited her house through the
sewer and further discussed how that was unethical.
Mayor Capetillo announced a citizen, Ms. Elizabeth Bilnozki,had signed up to speak on the item.
Ms. Bilnozki similarly discussed her concerns over her water bill. She questioned how the water
department could justify her using about thirty thousand (30,000) gallons in one (1) month. They
did not have a leak because they had that checked. If it was because they were watering their lawns,
she relayed the City could then not charge them for sewer. She stated they needed to do better.
With that being the last citizen speaker, Mayor Capetillo thanked them all for coming and voicing
the issue. He assured the citizens that the issue would be looked in to.
3. 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 September.
10 YEAR
Jason Crouse. Fire, Firefighter
Jorge Rodriguez, Police, Patrol Officer
20 YEAR
Tony Gray, Health, Director of Health
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September 28,2023
Page 3 of 20
b. Present a proclamation designating October 8-14,2023 as Fire Prevention Week.
Mayor Capetillo,accompanied by Fire Chief Kenneth Dobson and Fire Department Staff,read the
proclamation designating October 8-14, 2023 as Fire Prevention Week in Baytown.
At 6:43 P.M., Council Member Betancourth stepped out of the meeting and later returned during
the presentation of Item 3.c.
c. The 17th Annual Grito Fest is scheduled for Friday,October 6,2023 at Town Square
and Saturday, October 7,2023 at Bicentennial Park.
Parks and Recreation Director Clifford Hatch opened the item with a video presentation of the
performers coming to Bicentennial Park next week. The lineup was presented as follows:
Grito Fest Lineup—October 6th
5:30 P.M —Mariachi Band—Veriedad Musical
7:30 P.M —Hometown Boys
8:30 P.M —Ballet Folklorico Herencia Mexicana de Houston
9:00 P.M —Gary Hobbs
Grito Fest Lineup—October 7th
4:30 P.M —Veriedad Musical
5:30 P.M —Sandy G y Los Gavilanes
6:30 P.M. —Mixteco Ballet Folklorico
6:45 P.M —Grito Preliminaries
7:00 P.M —Ruben Ramos and the Mexican Revolution
8:00 P.M —Jalapeno Eating Contest
8:15 P.M —Mejikenze Ballet Folklorico
9:00 P.M —La Leyenda
Grito Fest Committee Founder Jacob Shafer gave a few words over the event and the performers.
He thanked Council for supporting the event and ended his comments by performing a Grito.
4. DONATIONS
A motion was made by Council Member Laura Alvarado and seconded by Council Member Sarah
Graham to approve Resolutions No. 2,859 and 2,860, related to Items 4.a. and 4.b. The vote was
as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Heather Betancourth, Council Member Jacob Powell, and Mayor
Pro Tem Mike Lester
Nays: None
Approved
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September 28,2023
Page 4 of 20
a. Consider a resolution accepting a donation from ExxonMobil to assist in paying
expenses associated with the Grito Festival.
RESOLUTION NO. 2,859
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF TWO THOUSAND
FIVE HUNDRED AND NO/100 DOLLARS($2,500.00)FROM EXXONMOBIL TO
ASSIST IN PAYING EXPENSES ASSOCIATED WITH THE GRITO FESTIVAL;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider a resolution accepting a donation from ExxonMobil for the City of
Baytown's First Pickleball specific courts to be constructed at N.C. Foote Park.
RESOLUTION NO. 2,860
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF FORTY-FIVE
THOUSAND AND NO/100 DOLLARS ($45,000.00) FROM EXXONMOBIL FOR
THE CITY OF BAYTOWN'S FIRST PICKLEBALL-SPECIFIC COURTS TO BE
CONSTRUCTED AT N.C. FOOTE PARK; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
5. ESTABLISHMENT OF THE BAYTOWN REINVESTMENT ZONE NUMBER
ONE LOCATED EAST OF NEEDLEPOINT ROAD AND SOUTH OF INTERSTATE 10
a. Conduct a public hearing establishing the Baytown Reinvestment Zone No. 1.
Assistant to the City Manager Brian Moran prefaced the subject matter of the public hearing. Mr.
Moran explained the hearing was to create a Baytown Reinvestment Zone No. 1 at 9300 Needle-
point Road. The zone would replace the existing SBE Chemical Partners Reinvestment Zone,
which was set to expire in 2025.
At 6:51 P.M., Mayor Capetillo opened the public hearing regarding establishing the Baytown
Reinvestment Zone No. 1.
At 6:51 P.M., Mayor Capetillo closed the public hearing as the subject matter had already been
summarized and there were no citizens that signed up to speak.
b. Consider an ordinance establishing the Baytown Reinvestment Zone No.I,comprised
of approximately 80.0±acre tract of land located at 9300 Needlepoint Road,Baytown,TX.
A motion was made by Council Member Jacob Powell and seconded by Council Member Heather
Betancourth to approve Ordinance No. 15,552, related to Item 5.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
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September 28,2023
Page 5 of 20
Member Heather Betancourth, Council Member Jacob Powell, and Mayor
Pro Tem Mike Lester
Nays: None
Approved
ORDINANCE NO. 15,552
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,CREATING BAYTOWN REINVESTMENT ZONE NO. 1 PURSUANT TO
RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF BAYTOWN;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
6. PROPOSED ANNEXATION OF APPROXIMATELY 0.97 ACRES OF LAND
LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF
INTERSTATE HIGHWAY 10 AND F.M. 2100
a. Conduct the first public hearing regarding the proposed annexation of approximately
0.97 acres of land located at the northeast comer of the intersection of Interstate Highway 10
and F.M.2100.
At 6:52 P.M., Mayor Capetillo opened the public hearing regarding the proposed annexation of
approximately 0.97 acres of land located at the northeast corner of the intersection of Interstate
Highway 10 and F.M. 2100.
Planning and Development Director Martin Scribner summarized the subject matter of the hearing.
Mr. Scribner relayed that Council had already seen the initial request for this application as well
as the service agreement for the property. He displayed an aerial image of the property to describe
its location and to note that the surrounding area was in the City and zoned General Commercial
(GC). The property in question would complete that corner and would come through the Planning
and Zoning Commission as well as the City Council for a rezone to GC at their next meeting.
Mr. Scribner further explained the item was for the first public hearing of the proposed annexation.
They would have one(1)more public hearing at Council's next meeting as well as the first reading
of the ordinance. It would not be until after the second reading where the annexation would be
finalized. At that time, Staff would also bring forth the rezone application to Council as well.
At 6:54 P.M., Mayor Capetillo closed the public hearing regarding the proposed annexation of
approximately 0.97 acres of land located at the northeast comer of the intersection of Interstate
Highway 10 and F.M. 2100.
b. Consider an ordinance authorizing a Services Agreement with QT South, LLC, for
the proposed annexation of approximately 0.97 acres of land located at the northeast comer
of the intersection of Interstate Highway 10 and F.M. 2100.
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Page 6 of 20
QuickTrip Representative Robert Costello provided a PowerPoint presentation of their project. He
relayed QuickTrip was the landowner, applicant, developer, and the ultimate end user of the
property. He displayed images of their site plan as well as three-dimensional renderings of their
development. Mr. Costello clarified it would not be a truck stop, but a travel center. Council
Member Alvarado commented positively over her experiences with QuickTrip and was happy that
it would not be an overnight truck stop.
A motion was made by Council Member Kenrick Griffith and seconded by Council Member Laura
Alvarado to approve Ordinance No. 15,553, related to Item 6.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, Council Member Jacob Powell, and Mayor
Pro Tern Mike Lester
Nays: None
Approved
ORDINANCE NO. 15,553
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A SERVICES AGREEMENT
WITH QT SOUTH, LLC; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
7. PROPOSED ORDINANCES
a. Consider an ordinance approving the ad valorem tax rate for the City of Baytown,
Texas, for fiscal year ending September 30, 2024. Approval of the ordinance will set the
property tax rate at $.72 per $100 valuation for the 2023 Tax Year. The General Fund
maintenance and operations tax rate will be set at $.459050 per $100 valuation and debt
service tax rate set at$.260950 per$ 100 valuation for fiscal year ending September 30,2024.
Chief Financial Officer Teresa McKenzie introduced the item by noting that Staff was proposing
a seventy-two cent (720) property tax rate which was well below the no-new revenue and voter
approval rate. Staff recommended approval.
A motion was made by Council Member Sarah Graham and seconded by Council Member Jacob
Powell to approve Ordinance No. 15,554,related to Item 7.a. However,there was discussion prior
to the vote.
Mayor Capetillo expressed he was glad to see that they have continued to go and be conservative
of their tax rate.However,he noted the valuations were out of the Baytown City Council's control,
but that they would continue to be good stewards of the resources the taxpayers provided them.
The vote for the motion on the table was as follows:
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September 28,2023
Page 7 of 20
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Heather Betancourth, Council Member Jacob Powell, and Mayor
Pro Tern Mike Lester
Nays: None
Approved
ORDINANCE NO. 15,554
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING THE RATE AND TAX LEVY FOR GENERAL FUND
MAINTENANCE AND OPERATIONS AND DEBT SERVICE FOR THE CITY OF
BAYTOWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2024, UPON
ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVI-
SIONS AND ORDINANCES OF SAID CITY; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider an ordinance for the repeal of Chapter 18 "Buildings and Building
Regulations," Article XV "Vacant Buildings" of the Code of Ordinances,Baytown,Texas.
Planning and Development Director Martin Scribner recalled that in August, Staff presented an
argument that the Vacant Buildings Ordinance, as it stood, did not serve a great purpose for the
City. It was, at best, difficult to enforce and, in some cases, impossible to enforce. Mr. Scribner
relayed Staff was proposing to repeal the Vacant Building Ordinance and to move forward with
improving their existing processes that currently operated under different ordinances altogether.
Council Member Betancourth understood the logic behind the item and expressed her appreciation
for the efficiency and deregulation. She questioned,however,if she had a complaint about a vacant
building, who would she call as a citizen? Mr. Scribner replied if it was for the structure, then it
would be Planning and Development. If it had to do with the grounds surrounding the building, it
would be the Health Department. If it was for criminal activity, it would go straight to Police.
Council Member Betancourth was hesitant to completely remove an entire chapter of the code,but
she understood why it was being proposed. She did not feel that they had solved the convolutedness
of the process,nor did she think they were solving the service to the citizens that were having these
concerns. She supposed that may be a separate topic they could tackle,but she wanted to point that
out. Citizens already did not know who to call, and this just illustrated that issue.
Mr. Scribner agreed with Council Member Betancourth's point and took a moment to explain their
current processes and how the Vacant Buildings Ordinance was not being enforced. Staff enforced
the meat of this issue through other processes, such as through Substandard, Code Enforcement,
and other departments. They all enforced the same regulations, but were not going through what
the Vacant Building Ordinance required of them as that would take more staff than what he had.
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September 28,2023
Page 8 of 20
Mayor Capetillo shared that his understanding was that Staff felt they could proceed with
enforcement and address what citizens were asking for without an additional layer of bureaucracy.
He liked the fact that they could strip that out,but that there would still be things they would look
in to. This was just the first step. Mr. Scribner additionally mentioned the legal challenges with
the way the ordinance was currently written in addition to it being ineffective.
Council Member Alvarado wished citizens would have this information. She mentioned a few
suggestions so citizens would know who to call, such as fridge magnets as not everyone would
download an app. She additionally requested they review Planning's 24-hour hotline.
A motion was made by Council Member Sarah Graham and seconded by Council Member Jacob
Powell to approve Ordinance No. 15,555, 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, Council Member Jacob Powell, and Mayor
Pro Tern Mike Lester
Nays: None
Approved
ORDINANCE NO. 15,555
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 18 'BUILDINGS AND BUILDING
REGULATIONS," ARTICLE XV "VACANT BUILDINGS," OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
c. Consider an ordinance to amend and restate the Declaration of Covenants,
Conditions and Restrictions for Gateway 10 Business Park.
Planning and Development Director Martin Scribner introduced the item to amend and restate the
Declaration of Covenants, Conditions, and Restrictions for Gateway 10 Business Park as an effort
to clean up the language. They would take the amendments, put it all back in to the original, and
adopt a new original. City Attorney Scott Lemond noted the substantive change that Council
should be aware of applied to the building footprints. Otherwise, the changes were generally
non-substantive typographical errors, renumbering, changing of wordings, and things of that
nature.
Council Member Betancourth questioned if this would increase the size of the development Gate-
way 10 originally proposed to them. Mr. Scribner responded three(3)buildings on their site plan
north of the pipeline would increase by two thousand five hundred(2,500)square feet.As this was
a controversial development,Council Member Betancourth did not feel comfortable increasing the
size of the development that citizens living around there were already opposed to. In order to move
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September 28,2023
Page 9 of 20
forward,Mayor Capetillo requested to see the previous site plan that was approved and the current
site plan with the changes. The Council Members agreed.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Jacob Powell to table Item 7.c. for no more than sixty(60) 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, Council Member Jacob Powell, and Mayor
Pro Tem Mike Lester
Nays: None
Approved
8. REPORTS
a. Receive a Presentation on the Launch of the Baytown Fatherhood Initiative.
Public Affairs Director Thomas Reeves presented a report over the new Baytown Fatherhood
Initiative to Council. In 2020, states across the country began suing major pharmaceutical
companies and distributors for their role in marketing and distributing opioids that resulted in
addictions and overdoses. In October of 2021, the City of Baytown became a participant in the
State's lawsuit and became a recipient of the subsequent settlement funds. In March of 2023, Staff
began meeting to discuss what they would do with those funds.Their Committee decided to spend
the money on addressing the root cause of opioid and drug abuse, which could be traced to the
home.
The Committee began a nationwide search of organizations that had experience in combating drug
abuse in the home. The agency that stood out to the Committee was one that specifically targeted
fatherhood. The National Fatherhood Initiative (NFI) was selected to facilitate a one (1) year
project to increase father involvement and reduce the possibility of father absence in the lives of
children in Baytown. The program would have three(3)phases which were presented as follows:
1. Community Needs and Asset Assessment
• Identify Lead Agency
• Recruit Leaders
• Identify the Need
• Assess Landscape
• Collect Data
2. Leadership Summit on Fatherhood
• Mobilize Leaders
• Cast a Vision
• Motivate Participation
3. Anchor the Initiative
• Develop Initiative
• Identify Short-and Long-Term Action Plan
• Evaluate
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Page 10 of 20
Mr. Reeves then presented the following timeline to discuss what their next steps would be:
• November 2023—Workshop with Stakeholders
• Winter 2024—Needs and Assets Assessment
• May 2024—Leadership Summit
• June 2024—Action Plan
Mr. Reeves noted the Mayor would announce this initiative at the State of the City and that Staff
was excited to get this off the ground.As she spent most of her life working with the youth,Council
Member Graham expressed her excitement for the initiative and offered to help. Council Member
Griffith had a background in drug and alcohol abuse counseling and also offered to lend a hand.
Mayor Capetillo was glad this was being applied and believed this type of program could help
fight these type of issues. Council Member Graham additionally took a moment to comment over
the teen rehab centers that were scheduled to close down around the area. Knowing those outlets
would not be available, she was glad to see the City was coming up with something else.
b. Receive a presentation on the Flock License Plate Reader Program,Management and
Transparency.
Lieutenant Aaron Crowell provided a PowerPoint presentation of the Flock Safety Program to
Council with the following discussion points:
WHY FLOCK SAFETY?
The Current Reality The Opportunity
• Limited Police Resources • Technology Multiples the Force
• Crime on the Rise • Captures and Distributes Objective
• Trust is Needed More Than Ever Evidence to the Right User
• Engage Community to Support and Grow
Lt. Crowell noted the Baytown Police Department (BPD) had approximately sixty (60) cameras
with fifty-seven (57) of them up and running. The cameras were mounted on a pole with a solar
panel on the top to power the device. He further explained how the technology worked as follows:
HOW DOES THE TECHNOLOGY WORK?
What this tech is ... What this tech is NOT ...
• License Plate Recognition • Not Facial Recognition
• Gathers Objective Evidence and Facts • Not Tied to Personal Identifiable
About Vehicles,Not People Information
• Alerts Police of Wanted Vehicles • Not Used for Traffic Enforcement
• Used to Solve Crime • Data Not Stored Beyond 30 Days-->
• Adheres to All State Laws Automatically Deletes Every 30 Days
HOW DOES THIS TECHNOLOGY PREVENT AND ELIMINATE CRIME?
• Proactive: Real time alerts when stolen or wanted vehicles enter the City.
• Investigative: As clearance rates increase,crime rates decrease.
• Flock Cameras act as a deterrent as criminals know this tool is being used.
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Lt. Crowell went on to further detail how the footage was protected.He noted BPD owned the data
and it was stored securely in Amazon Web Services (AWS). The AWS was cloud-based and met
federal Criminal Justice Information Services (CJIS) requirements for data encryptions. Lt.
Crowell relayed there was an audit process where they tracked the system's usage and that there
was a Transparency Portal. He displayed a list of all the agencies that use the Flock System along
with case studies of the agencies successfully utilizing the system to solve crimes, Baytown
included.
Council Member Graham then engaged Lt. Crowell with questions on how the system worked in
between agencies, data sharing, and paper plates. Lt. Crowell reiterated the points he made in
discussing how the footage was protected. As far as paper plates, the cameras would read them
depending on the quality of the plates and how it was mounted. Council Member Griffith inquired
over the ownership of the cameras. Lt. Crowell responded the cameras were leased. Council
Member Griffith additionally requested to see benchmarks on how the police used the cameras.
A representative of the Flock Program was present and gave a few words over the system. Council
Member Powell lastly inquired over having to opt in to the sharing of data, specifically with
homeowners' associations (HOAs). Lt. Crowell responded by taking a moment to discuss how
HOAs were private entities with the option to share their information with law enforcement.
However, law enforcement would not and does not share their information with private entities.
9. CONSENT
A motion was made byCouncil Member Sarah Graham and seconded byCouncil Member Laura
Alvarado to approve Consent Agenda Items 9.b.through 9.s.,as Item 9.a.was pulled for discussion
purposes. 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, Council Member Jacob Powell, and Mayor
Pro Tern Mike Lester
Nays: None
Approved
a. Consider an ordinance authorizing the rejection of the one(1)bid received for Toll ing
Services.
Council Member Betancourth pulled the item to request additional information on it. Police Chief
John Stringer explained they were rejecting the bid because it had gone out with language about
the referral fees per tow being paid to the City. He noted that was one (1) of the things he told
Council they were going to remove from the package because they did not think the citizens should
be incurring that cost. As the bid went out without the updated draft, he wished to keep his word.
Council Member Betancourth expressed her appreciation for that clarification.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Sarah Graham to approve Ordinance No. 15,573, related to Item 9.a. The vote was as follows:
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September 28,2023
Page 12 of 20
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Heather Betancourth, Council Member Jacob Powell, and Mayor
Pro Tern Mike Lester
Nays: None
Approved
ORDINANCE NO. 15,573
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REJECTING THE BID(S) RECEIVED FOR THE TOWING SERVICES
CONTRACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing the Fourth Contract Amendment to the Untreated
Water Supply Contract between the Baytown Area Water Authority and the City of Houston
to increase contract quantities.
ORDINANCE NO. 15,556
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FOURTH CONTRACT AMENDMENT TO THE
UNTREATED WATER SUPPLY CONTRACT BETWEEN THE BAYTOWN
AREA WATER AUTHORITY AND THE CITY OF HOUSTON TO INCREASE
CONTRACT QUANTITIES; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
c. Consider an ordinance authorizing a Student Field Experience Field Site Affiliation
Agreement for educational field experiences for the students enrolled in the Emergency
Medical Technicians program at Lee College.
ORDINANCE NO. 15,557
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A STUDENT FIELD EXPERIENCE FIELD SITE AFFILIATION
AGREEMENT WITH LEE COLLEGE FOR EDUCATIONAL EXPERIENCES FOR
THE STUDENTS ENROLLED IN THE EMERGENCY MEDICAL TECHNICIANS
PROGRAM AT LEE COLLEGE;AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Consider an ordinance authorizing a Clinical Affiliation Agreement with Texas A&M
Engineering Extension Service for on-site clinical and practical training.
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September 28,2023
Page 13 of 20
ORDINANCE NO. 15,558
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A CLINICAL AFFILIATION AGREEMENT WITH TEXAS A&M
ENGINEERING EXTENSION SERVICE("TEEX")FOR ONSITE CLINICAL AND
PRACTICAL TRAINING; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
e. Consider an ordinance amending Ordinance No. 15,456 to prescribe the number of
positions in the classification "Service Group- Police."
ORDINANCE NO. 15,559
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING ORDINANCE NO. 15,456 PRESCRIBING THE NUMBER
OF POSITIONS IN THE CLASSIFICATION "SERVICE GROUP — POLICE" TO
UPDATE THE NUMBER OF POSITIONS IN EACH CLASSIFICATION;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Consider an ordinance authorizing an agreement with Labor First, LLC, d/b/a
Retiree First, for a Retiree Medicare Advantage Plan Insurance under the medical carrier
UnitedHealthcare.
ORDINANCE NO. 15,560
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AGREEMENT WITH LABOR FIRST, LLC, D/B/A
RETIREE FIRST FOR RETIREE MEDICARE SUPPLEMENTAL INSURANCE
FOR THE CALENDAR YEAR OF JANUARY 1, 2024, THROUGH DECEMBER
31, 2024; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED SEVEN HUNDRED TWENTY-FOUR THOUSAND
FIVE HUNDRED TWENTY-EIGHT AND NO/100 DOLLARS ($724,528.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing the annual license renewal and software support
with Govemmentjobs.com, Inc., d/b/a NEOGOV,for NEOGOV software.
ORDINANCE NO. 15,561
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PAYMENT IN THE AMOUNT OF EIGHTY-SEVEN
THOUSAND SEVEN HUNDRED NINETY-TWO AND NO/100 DOLLARS
($87,792.00) TO GOVERNMENTJOBS.COM, INC., D/B/A NEOGOV, FOR THE
ANNUAL LICENSE RENEWAL AND SOFTWARE SUPPORT FOR NEOGOV
SOFTWARE; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
September 28,2023
Page 14 of 20
h. Consider an ordinance to reject the received bid for Commercial Demolition of a
Building located at 3415 Market St.
ORDINANCE NO. 15,562
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REJECTING THE BID(S) RECEIVED FOR THE COMMERCIAL
DEMOLITION OF A BUILDING LOCATED AT 3415 MARKET STREET; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
i. Consider an ordinance authorizing Change Order No. 3 for the West District
Wastewater Treatment Plant Second Feed Project with T-Construction, LLC. to adjust
quantities to the actual constructed amounts and prepare the project for close-out.
ORDINANCE NO. 15,563
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 3 TO THE WEST DISTRICT
WASTEWATER TREATMENT PLANT SECOND FEED PROJECT WITH T-
CONSTRUCTION, LLC, TO REDUCE THE SCOPE OF WORK, RESULTING IN
A NET DECREASE IN THE AMOUNT OF TWO HUNDRED THIRTY-EIGHT
THOUSAND NINE HUNDRED FOUR AND NO/100 DOLLARS ($238,904.00),
AND PREPARE THE PROJECT FOR CLOSEOUT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
j. Consider an ordinance authorizing the closeout of the West District Wastewater
Treatment Plant Second Feed Project, and the release of retainage to T Construction LLC.
ORDINANCE NO. 15,564
AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE WEST DISTRICT WASTEWATER TREATMENT
PLANT SECOND FEED PROJECT; AUTHORIZING FINAL PAYMENT OF THE
SUM OF ONE HUNDRED EIGHTY-SEVEN THOUSAND THREE HUNDRED
FIFTY-EIGHT AND 40/100 DOLLARS ($187,358.40) TO T CONSTRUCTION
LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
k. Consider an ordinance approving payment to United Rentals (North America), Inc.,
through the Purchasing Cooperative Contract with Choice Partners for emergency pump
rental services at the Baytown Area Water Authority Fritz Lanham Water Treatment Plant.
ORDINANCE NO. 15,565
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY-TWO
THOUSAND FIVE HUNDRED NINETY-FOUR AND 17/100 DOLLARS
($132,594.17) TO UNITED RENTALS (NORTH AMERICA), INC., FOR
City Council Regular Meeting Minutes
September 28,2023
Page 15 of 20
EMERGENCY PUMP RENTAL SERVICES AT THE BAYTOWN AREA WATER
AUTHORITY FRITZ LANHAM WATER TREATMENT PLANT, THROUGH
CHOICE PARTNERS COOPERATIVE; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
1. Consider an ordinance authorizing Change Order No. 4 for the Roseland Park
Pavilion Project with Cox Construction,LLC.
ORDINANCE NO. 15,566
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 4 TO THE ROSELAND PARK
PAVILION PROJECT WITH COX CONSTRUCTION, LLC, FOR A REDUCTION
OF SIX THOUSAND TWO HUNDRED THIRTY-FIVE AND NO/ 100 DOLLARS
($6,235.00)ON THE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
m. Consider an ordinance authorizing the close out of the Roseland Park Pavilion
Project to Cox Commercial Construction,LLC.
ORDINANCE NO. 15,567
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE ROSELAND PARK PAVILION PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED NINE
THOUSAND AND 90/100 DOLLARS ($109,000.90) TO COX COMMERCIAL
CONSTRUCTION, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
n. Consider an ordinance authorizing the purchase of the Baytown Police Department's
Crime Lab equipment from H2I Group for the Public Safety Building Project (Phase 2
Administration Building M).
ORDINANCE NO. 15,568
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SEVENTY-
SEVEN THOUSAND SEVENTY-ONE AND NO/100 DOLLARS ($177,071.00) TO
H21 GROUP, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING
COOPERATIVE (BUY BOARD), FOR THE PURCHASE OF THE BAYTOWN
POLICE DEPARTMENT'S CRIME LAB EQUIPMENT FOR THE PUBLIC
SAFETY BUILDING PROJECT (PHASE 2 ADMINISTRATION BUILDING M);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
o. Consider an ordinance authorizing Change Order No. 2 with Mar-Con Services,
LLC., for the Community Development Block Grant - Disaster Recovery funded, Lincoln
Cedar and Julie Ann Villa Drainage Improvements Project.
City Council Regular Meeting Minutes
September 28,2023
Page 16 of 20
ORDINANCE NO. 15,569
AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 2 TO THE COMMUNITY
DEVELOPMENT BLOCK GRANT-DISASTER RECOVERY FUNDED,LINCOLN
CEDAR AND JULIE ANN VILLA DRAINAGE IMPROVEMENTS PROJECT
WITH MAR-CON SERVICES, LLC, IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED FIFTY THOUSAND ONE HUNDRED THIRTY-FIVE AND 02/100
DOLLARS ($150,135.02); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
p. Consider an ordinance authorizing Change Order No. 1 for the Garth Road
Reconstruction-Water/Wastewater Phase A & B Utility Relocation Project with Sequeira
Civil Construction LLC.
ORDINANCE NO. 15,570
AN ORDNANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 1 TO THE GARTH ROAD
RECONSTRUCTION-WATER/WASTEWATER PHASE A & B UTILITY
RELOCATION PROJECT WITH SEQUEIRA CIVIL CONSTRUCTION LLC, IN
AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY-SIX THOUSAND
SEVEN HUNDRED SEVENTY-SIX AND 48/100 DOLLARS ($166,776.48); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
q. Consider a resolution granting consent to the inclusion of 53.82 acres in the William
Bloodgood League, Abstract No. 5, Chambers County, Texas, into Chambers County
Municipal Utility District No. 1.
RESOLUTION NO. 2,861
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE INCLUSION OF 53.82 ACRES OF
LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF
BAYTOWN, TEXAS, IN CHAMBERS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 1; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
r. Consider an ordinance repealing and replacing Ordinance No. 15,194 to increase the
dollar amount authorized for the Annual Residential Solid Waste, Collection. Disposal, and
Recycling Services Contract with Best Trash,L.L.C.by an amount not to exceed Six Million,
One Hundred Dollars and No/Cents ($6,100,000.00).
ORDINANCE NO. 15,571
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING AND REPLACING ORDINANCE NO. 15,194 TO
INCREASE THE DOLLAR AMOUNT AUTHORIZED FOR THE ANNUAL
City Council Regular Meeting Minutes
September 28,2023
Page 17 of 20
RESIDENTIAL SOLID WASTE, COLLECTION, DISPOSAL, AND RECYCLING
SERVICES CONTRACT WITH BEST TRASH,L.L.C.,BY AN AMOUNT NOT TO
EXCEED SIX MILLION ONE HUNDRED THOUSAND AND NO/100 DOLLARS
($6,100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
s. Consider an ordinance authorizing the purchase of one (I) 2024 Ford F-450 Diesel
4X2 Regular Cab Chassis and Frazer Type 1 14' Ambulance for the Fire Department.
ORDINANCE NO. 15,572
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING,SUBJECT TO THE RECEIPT OF FUNDING FROM THE
BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL
SERVICES DISTRICT, THE PAYMENT OF THREE HUNDRED THIRTY-EIGHT
THOUSAND ONE HUNDRED FIFTY AND NO/100 DOLLARS ($338,150.00) TO
STERLING MCCALL FORD, THROUGH THE HOUSTON-GALVESTON AREA
COUNCIL, FOR THE PURCHASE OF ONE (1) 2024 FORD F-450 DIESEL 4X2
REGULAR CAB CHASSIS AND FRAZER TYPE I 14'AMBULANCE FOR THE
FIRE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
10. APPOINTMENTS
a. Consider the confirmation of the City Manager's appointments of the Assistant City
Managers, Director of Finance, Director of Human Resources & Civil Service and Director
of Information Technology Services (ITS).
City Manager Jason Reynolds recommended the following appointments to Council:
• Brant Gary—Assistant City Manager
• Carol Flynt—Assistant City Manager
• Teresa McKenzie—Director of Finance
• Joey Lopez—Director of Human Resources and Civil Service
• Kevin Boatswain—Director of Information Technology Services (ITS)
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Kenrick Griffith to approve the appointments of the names submitted by City Manager Jason
Reynolds, related to Item 10.a. However, there was discussion prior to the vote.
The Council Members gave encouraging words to the appointed individuals and the City Manager.
The vote for the motion on the table was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Sarah Graham, Council Member Kenrick Griffith, Council
Member Heather Betancourth, Council Member Jacob Powell, and Mayor
Pro Tern Mike Lester
City Council Regular Meeting Minutes
September 28,2023
Page 18 of 20
Nays: None
Approved
b. Consider a resolution nominating a representative to serve on the Board of Directors
of the Harris County Appraisal District.
As they were not yet ready to nominate names for Items 10.b. and 10.c., Mayor Capetillo asked
the Council Members to continue to research and provide a list of names. They had to take action
by their first meeting in October, so he requested they submit those names to the City Clerk.
c. Consider a resolution nominating a representative to serve on the Board of Directors
of the Chambers County Appraisal District.
No action was taken on Item 10.c. as discussed in Item 10.b.
11. MANAGER'S REPORT
City Manager Jason Reynolds first reported that the City of Baytown would have Nation Night
Out on October 3,2023,from 5:00 P.M.to 9:00 P.M. at Town Square. Shortly after,the City would
have Grito Fest there on October 6 and 7, 2023.
Mr. Reynolds used the rest of his time to address the concerns raised in the Citizens Comments
Agenda Item regarding water bills. Staff was aware of the water bill conversations going on and
Mr. Reynolds encouraged citizens to call Utility Billing or himself directly. He assured them that
Utility Billing was working through the issue and further shared his own personal story of
receiving a shocking water bill. Through his experience, Mr. Reynolds recognized they needed to
be more proactive on reaching out as soon as they saw those anomalies. He assured everyone that
Staff would work with residents on the issue and would work to deliver excellent customer service.
Mayor Capetillo also informed those that had larger yards with dedicated irrigation systems or
pools,that they could request a second meter strictly for irrigation. In that way,they would not get
charged any sewer associated with the irrigation or pool water.
12. COUNCIL MEMBER DISTRICT REPORT
a. Receive a report from Council Member Laura Alvarado regarding projects,
programs and events in District No. 1.
Council Member Alvarado opened her report by thanking Exxon for supporting their community,
as it related to Items 4.a. and 4.b. She also thanked Community Engagement Coordinator Sabrina
Martin and her team as a few neighborhoods within her district utilized the Empowerment Grant.
She then addressed residents' frustrations with the traffic on West Main due to the construction.
The project was near completion and she thanked the crew that had been working on that.
Furthermore, Council Member Alvarado invited everyone to a historical marker ceremony at the
original City of Pelly. The event would be located at 601 West Main on October 12,2023, at 4:00
P.M. She also noted that she had the opportunity to provide some feedback to Workforce Solutions,
City Council Regular Meeting Minutes
September 28,2023
Page 19 of 20
an employment center located in Baytown. It was mentioned from her colleagues and herself that
they would like to see them be more present. She hoped to see them further engage in the
community. They were a necessity as they helped the City of Baytown hire wastewater operators.
On that note, Council Member Alvarado thanked Public Works and Administration for working
with the Southwest Addition residents on clearing a major flooding issue. She ended her report by
acknowledging the Fred Aguilar Promise Center for celebrating their Sixth Anniversary Awards
Dinner at the Community Center.
13. 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.
b. 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.
At 8:05 P.M., Mayor Capetillo recessed and convened in to an Executive Session pursuant to:
1) Section(s) 551.071 and/or 551.072 of the Texas Government Code to seek the advice of
the City's attorneys to deliberate a real property exchange with Goose Creek Consolidated
Independent School District (GCCISD) for municipal purposes or for a development
project; and
2) Section 551.071 of the Texas Government Code to consult with, and seek the advice of,
the City's attorney(s)regarding procurement and contract issues.
At 8:18 P.M., Council Member Alvarado left the Executive Session and Regular Meeting.
At 8:39 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.
14. PROPOSED ORDINANCE
a. Consider an ordinance amending the Unified Land Development Code(ULDC)of the
Code of Ordinances, Baytown, Texas, Article V "Signs," Division III "Regulations,"
Subdivision IV "Off-Premises Signs," Sec. 5.79 "New signs," Subsection (c) "Exceptions,"
Item(3);deleting items(4)and(5)of subsection(c),deleting subsections(d)and(e}of Section
5.79 to except from permitting all temporary off-premises signs, provided that the signs do
not exceed two (2) in number on any one property and are displayed no more than seven (7)
total days in a thirty (30) day period; amending the ULDC Article V "Signs," Division III
"Regulations," Subdivision IV "Off-Premises Signs," Section 5.79 "New signs," Subsection
(t) "Permit not required for certain signs," to renumber it as Subsection (d) and remove
references to deleted provisions; amending the ULDC, "Article V "Signs," Division Ill "
Regulations," Subdivision IV "Off-Premises Signs," Section 5.79 "New signs," Subsection
(g) "Digital billboards," to renumber it as subsection (e).
City Council Regular Meeting Minutes
September 28,2023
Page 20 of 20
For Item 14.a., Mayor Capetillo announced no action would be considered that evening.
15. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the September 28,
2023, City Council Regular Meeting at 8:40 P.M.
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