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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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes September 28,2023 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: City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes September 28,2023 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. City Council Regular Meeting Minutes September 28,2023 Page 11 of 20 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: City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes 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. 01/4^,N A , 1� ft. h. Angela 'ackson y:`Cler. A 1'0, City of Bayto 15 I . 0 L1ON�mS Pi{.A��¢80 4{LsrI