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2024 01 25 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 25, 2024 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January 25, 2024, at 6:33 P.M. in the Council Chamber of the Baytown City Hall at 2401 Market Street, Baytown, Texas, with the following in attendance: Laura Alvarado Mayor Pro Tern Sarah Graham Council Member Kenrick Griffith Council Member James Franco Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Jason Reynolds City Manager Scott Lemond City Attorney Angela Jackson City Clerk John Stringer Sergeant at Anns Mayor Capetillo convened the January 25, 2024, City Council Regular Meeting with a quorum present at 6:33 P.M., with all Council members present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Council Member Graham. 1. CITIZEN COMMENTS Mayor Capetillo announced several citizens signed up to speak. a. James Kaminski, commented, "I spoke at the town hall meeting for District 4 back on December 13th. I expressed my wants and needs to be disannexed from the City. I was annexed in 2018 forcibly, right around the time of Hurricane Harvey. I beat the law by two days, the signers in the city. We were rushed through. Since then, I had not received many city services. Just now, got the right to vote in the city election this past November. I don't want the city services, I have my own. Even when this annexation took place, the previous Mayor stated that it was a bad in- vestment for the city to take over all this annexation at one time because it was not cost-effective and it would take too long to recoup. Well, you have done nothing to us, for us. All you've done is recoup this whole time. Thank you. b. Harvey Ponder, commented, "Yes, sir. I appreciate you all. I live at 6403 Crosby Cedar Bayou. The road in front of my house is in Harris County jurisdiction. My house itself is in the city limits of Baytown. I was told that the annex was to provide city amenities and 911 service to my area. That was seven years ago. Since then, I've been told that to get city water and sewer, I'd have to pay for a pipe and water installation. Since I have no city water, the city will not provide trash pickup. I have five acres with a lot of trees, and variable every year, I lost some trees to the storm or to age. Whenever I want to move one, the city will not pick up my tree limbs because I City Council Regular Meeting Minutes January 25,2024 Page 2 of 15 don't have city water. I also need a permit to put a light switch in my barn. I need a permit to put my water over to my calf pen. The master electrician charges $1,000 to pull a City permit. Like I said, while my house is within city limits, the road is under county jurisdiction." Mayor Capetillo advised Mr. Ponder his time is up. C. Gary Vanderbeek commented, "I live at 4403 Crosby Cedar Bayou. I'm asking that you de-annex us. I told the city when the annexation took place that I own the road to it and on the other side is Union Pacific. I'm also a union plumber. I've been working for one of the largest plumbing companies for forty years. I don't see how you could put in all the utilities. It's been over 3 years, we haven't had any utilities put in, and I don't see it moving forward. I own the road and your city ordinance prevents you from going through my property and that's the only way to do it. I addressed that back then and we haven't had it completed, so that's where I stand. Thank you. Mayor Capetillo advised Mr. Vanderbeek that he has an additional minute to speak since his wife passed her time to him. Mr. Vanderbeek continued with his commented, "Then, along the way, it's a long story. It'll take more than a minute, but basically, they went through my property with a water main. I didn't give them permission to do that. The neighbor behind me gave permission on his property. They took his survey and thought it was my survey,and put the water main on my property against my wishes and tore up my fence. I threatened to sue them over it and the city councilman said, "Go ahead and try to sue us. You're not going to win." My fence is still torn up. I spent $30,000 on it and it hasn't been addressed. Thank you. d. Linda Miks commented, "My name is Linda Mix. I live at 6427 Crosby Cedar Bayou. I am also part of the annexation that happened in 2017, where we got the first word of it the end of August. This was right after Hurricane Harvey came through and you passed through by Novem- ber. Then, in December they passed the bill that stated that people had to vote in order to be an- nexed. You all rushed us through. The other thing is, you promised within three years, that we would get city services.That three years has doubled now and we've not even seen it. My husband's right after me and I'm going to get to take his minutes. Mayor Capetillo advised Ms. Miks that she has an additional minute to speak since her husband passed her time to him. Ms. Miks continued her comments, "As far as city services, I could call 911 and up until last year, which is 5 years after our annexation, they still didn't have a clue that we were in the City of Baytown. I still don't. I have nobody to actually patrol my street and I've almost gotten hit by a car like six times. Nothing is done for us. You all provide zero, however, my taxes are provided for you all every year, on time. I'm done. I want to be disannexed." e. Judy DeBose commented, "Good evening. I'd like to take this opportunity to thank council members Alvarado, Griffith, Graham, and the Mayor for their input and support for the Ross S. Sterling Jr. ROTC flag presentation this week at the Goose Creek Independent School District board meeting. This is the first year we've had Army ROTC within Goose Creek Independent School District replacing the Marine Corps ROTC at Sterling, and we are very excited that Goose Creek secured over $320,000 in grants. Once again, thank you. I hope you all have a wonderful evening.Thank you for the proclamation and presenting it.Council member Alvarado, I appreciate City Council Regular Meeting Minutes January 25,2024 Page 3 of 15 it. Have a great evening and look forward to seeing everything on the agenda and having the city continue to move forward." f. Kim Kosteck, commented, "Good evening Mayor and Council. Kim Kosteck, 5103 Ash- wood Drive. Disannexation doesn't affect me personally. I live in Country Club, but I bought my house where I did for the schools. I intentionally chose where I was going to live. The individuals that you heard from tonight, they chose their homes knowing that they were outside city limits. What happened in 2017, there's only one member of Council that was present during that time. It was rushed through because of the law that was being passed that was going into effect. They really are owed more than just disannexation, but their taxes back as well. You all know how to do it and it would be great for the City to help provide them with a path on how to make that happen. They're lost and they really need your leadership to help them, and they're owed it and they're owed their taxes back. Thank you." Mayor Capetillo thanked each individual for coming and speaking before council. 2. MINUTES a. Consider approving the minutes of the City Council Special Meeting held on Decem- ber 20, 2023. b. Consider approving the minutes of the City Council Work Session and Regular Meet- ing held on January 11, 2024. A motion was made by Mayor Pro Tern Laura Alvarado and seconded by Council Member Kenrick Griffith to approve Items 2.a. and 2.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved 3. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Human Resource Director Joey Lopez advised Council that moving forward only employees with 25 years or plus service will be recognized. All other employees will be recognized internally. b. Recognition of the It's Time Texas 2024 Community Challenge to mobilize the com- munity to promote wellness. Council Member Alvarado commented,"Some of you know that I serve on the Be Well Baytown Committee for the past few years. Part of the committee is also to help really push the "It's Time City Council Regular Meeting Minutes January 25,2024 Page 4 of 15 Texas" agenda and ensuring that we are a healthy community, and that includes not just physical wellness, but emotional and mental wellness as well. We're going to do things a little differently today. Usually, I have a pledge at each of your stations. Today, it'll be a little different, and I'm glad that I also had an opportunity to present this at the school board meeting as well in partnership with Goose Creek to encourage our Goose Creek partners and to also take the pledge along with members of the Be Well Baytown Committee. I want to thank my colleagues, Council Members Sarah Graham and Kenrick Griffith, for being there as well and supporting this cause. I think it's important that we, as a community,just like as your pledge for packing the parks on Sundays, to really just be out and active,healthy as a community as we continue to grow. We do have a couple of members from the Be Well Baytown Committee that are here, and they're going to make a presentation. I appreciate you all indulging us." Ruth Rechis presented a presentation for Be Well Baytown, Building a healthier community to- gether. (Exhibit A) Mayor Capetillo advised Council that the agenda is going out of order and proceeded to Item 11. A. 4. PROPOSED ORDINANCES a. Consider an ordinance authorizing the disannexation of various tracts associated with the Chevron Phillips Chemical Industrial District Agreement. Economic Development Manager Brian Moran summarized the item and stated, "For your consideration in approving the disannexation of various tracks of land that were included in the Industrial District Agreement with Chevron Phillips Chemical (CP Chem). This was a condition of the Industrial District Agreement. CP Chem's administration building will re- main within the city limits. In addition,CP Chem will be providing 12 million in supplemental payments for de-annexation." A motion was made by Council Member Sarah Graham and seconded by Council Member Mike Lester to approve Ordinance No. 15,689, related to Item 4.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,689 City Council Regular Meeting Minutes January 25,2024 Page 5 of 15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE DISANNEXATION OF CER- TAIN TRACTS OF LAND FROM THE CORPORATE LIMITS OF BAYTOWN, TEXAS; PROVIDING LEGAL DESCRIPTIONS OF THE AFFECTED AREA; AND ESTABLISHING THE EFFECTIVE DATE. b. Consider the second and final reading of an ordinance for the proposed annexation of approximately 54.589 acre tract of land out of Restricted Reserve "A" Blk 1 of the Replat of Restricted Reserve "A" of Cedar Crossing Phase II Subdivision, herein described tract being out of the residue of that called 102.12 acre tract, save and except a 14.229 acre tract conveyed to Cedar Crossing, situated in the John Steele Survey, Abstract No. 227, Cham- bers County, Texas, and all property situated in Industrial District No. 3 required for the described annexation. Mayor Capetillo sought parliamentary procedure advice from City Attorney Scott Lemond to which Mr. Lemond advised that no action will be taken and if necessary, the item can be brought back to Council at a later date. 5. TAX ABATEMENT a. Consider an ordinance authorizing a Tax Abatement Agreement with Robin Monomers, LLC for Project Robin. Economic Development Manager Brian Moran advised Council of the infrastructure assets de- signed to provide long-term, reliable, and flexible solutions to downstream in petrochemical cus- tomers. The infrastructure asset will help the company's existing operations in Baytown and support a significant oil and gas company. The investment is approximately$108 million with the creation of 20 full-time jobs, and operations are expected to commence in January 2025. The tax abatement is for 5-year period on a sliding scale. Councilmember Powell commented, "It's related to A and C. These are both in the same area, but these are down on Needlepoint Road. As you know,the citizens that live in that area, in the neigh- borhood with other developments in the area, they've asked if we could possibly do anything to try to get second means of ingress and egress into their neighborhood. This is where Needlepoint runs into Sjolander. I just wanted to share that, as a part of this, we are working with the entities here to get some right away, so that we can get that secondary egress. Definitely a positive for this area." Mayor Capetillo commented,"I agree. That was something certainly that I thought would be help- ful, certainly from emergency services access. If there was something happening on Sjolander and citizens that live in Hunter's Creek or in that area, for them to be able to get one out of their area and'or if it's just the opposite where our emergency crews can also get access to them. Good com- ments." A motion was made by Council Member Jacob Powell and seconded by Council Member Mike Lester to approve Ordinance No. 15,690, related to Item 5.a. The vote was as follows: City Council Regular Meeting Minutes January 25,2024 Page 6 of 15 Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,690 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MAN- AGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A TAX ABATEMENT AGREEMENT FOR CERTAIN TAXABLE PROPERTY LOCATED WITHIN THE BAYTOWN REINVESTMENT ZONE NO. 1 WITH ROBIN MONOMERS, LLC; AND PROVIDING FOR THE EF- FECTIVE DATE THEREOF. b. Consider a resolution granting a variance to the Tax Abatement Guidelines to Robin Mon- omers LLC, to allow the abatement to commence post-construction of Project Robin. A motion was made by Council Member Jacob Powell and seconded by Council Member Mike Lester to approve Resolution No. 2876, related to Item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2876 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS,GRANTING A VARIANCE FROM THE GUIDELINES AND CRITERIA FOR GRANTING A TAX ABATEMENT IN A REIN- VESTMENT ZONE CREATED IN HARRIS OR CHAMBERS COUNTY TO ROBIN MONOMERS LLC; AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. C. Consider an ordinance authorizing a Tax Abatement Agreement with Emperor Cryo, LLC Application for Tax Abatement Support Services, LLC for Project Penguin. A motion was made by Council Member Jacob Powell and seconded by Council Member Mike Lester to approve Ordinance No. 15,691, related to Item 5.c. The vote was as follows: City Council Regular Meeting Minutes January 25, 2024 Page 7 of 15 Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,691 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MAN- AGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A TAX ABATEMENT AGREEMENT FOR CERTAIN TAXABLE PROPERTY LOCATED WITHIN THE BAYTOWN REINVESTMENT ZONE NO. 1 WITH EMPEROR CRYO, LLC; AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. d. Consider a resolution granting a variance to the Tax Abatement Guidelines to Emperor Cryo LLC, to allow the abatement to commence post-construction of Project Penguin. A motion was made by Council Member Jacob Powell and seconded by Council Member Mike Lester to approve Resolution No. 2877, related to Item 5.d. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2877 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS,GRANTING A VARIANCE FROM THE GUIDELINES AND CRITERIA FOR GRANTING A TAX ABATEMENT IN A REIN- VESTMENT ZONE CREATED IN HARRIS OR CHAMBERS COUNTY TO EMPEROR CRYO LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. Reports City Council Regular Meeting Minutes January 25,2024 Page 8 of 15 a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quar- ter Ending September 30, 2023. Finance Director Teresa McKenzie presented the quarterly Financial and Investment Reports for the quarter ending September 30, 2023 and highlighted each fund and detailed out revenues and expenditures, along with the investment book value. (Exhibit B) Mayor Capetillo acknowledged the report was received. 7. CONSENT A motion was made by Council Member Jacob Powell and seconded by Mayor Pro Tem Laura Alvarado to approve Consent Agenda Items 7.a. through 7.1., except for item 7.j. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved a. Consider a resolution authorizing the City Manager to sub FY2025 Criminal Justice Grant Program on behalf of the Police Department. RESOLUTION NO. 2878 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS,AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT("JAG")PROGRAM, FY2025 LOCAL SOLICITATION ON BE- HALF OF THE BAYTOWN POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED FORTY-FIVE THOUSAND AND NO 100 DOLLARS ($45,000.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the City Manager to negotiate and execute con- tracts for debris monitoring services and debris removal services. ORDINANCE NO. 15,692 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTI- ATE AND EXECUTE UP TO THREE (3) NO-UPFRONT-COST, City Council Regular Meeting Minutes January 25,2024 Page 9of15 STANDBY CONTRACTS FOR EMERGENCY DEBRIS MOITORING SERVICES AND DEBRIS REMOVAL SERVICES, RELATED EQUIP- MENT AND SUPPORT SERVICES; AND PROVIDING FOR THE EF- FECTIVE DATE THEREOF. C. Consider an ordinance authorizing the purchase of a RECON 180 training simulator from ADS, Inc., through the Sourcewell Cooperative Contract Program. ORDINANCE NO. 15,693 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPROVING THE AMENDMENT OF THE BAY- TOWN CRIME CONTROL AND PREVENTION DISTRICT'S FISCAL YEAR 2023-2024 BUDGET BY REPROGRAMMING NINETY-SIX THOUSAND FIVE HUNDRED FIFTY AND 00100 DOLLARS ($96,550.00) FROM CONTINGENCY/NEW INITIATIVES TO CAPI- TAL ITEMS FOR THE PURCHASE OF RECON 180 TRAINING SIMU- LATOR FROM ADS, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance to reject the bids for the Emergency Charter Bus Service, which were received on December 5, 2023, 2:00 P.M. ORDINANCE NO. 15,694 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, REJECTING THE BID(S) RECEIVED FOR THE EMERGENCY CHARTER BUS SERVICE CONTRACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the award of the Annual Concrete Work Contract to Teamwork Construction Services, Inc. ORDINANCE NO. 15,695 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, RENEWING THE ANNUAL CONCRETE WORK CONTRACT WITH TEAMWORK CONSTRUCTION SERVICES, INC.; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED TWO MILLION FIVE HUNDRED THOUSAND AND NO1 100 DOLLARS ($2,500,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the award of the Annual Gasoline and Diesel Fuel Contract to 'Mansfield Oil Company of Gainesville, Inc. ORDINANCE NO. 15,696 City Council Regular Meeting Minutes January 25,2024 Page 10 of 15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE AWARD OF THE ANNUAL GASOLINE AND DIESEL FUEL CONTRACT TO MANSFIELD OIL COMPANY OF GAINESVILLE, INC.; AUTHORIZING PAYMENT IN THE AMOUNT OF ONE-MILLION, NINE HUNDRED, THIRTY THOUSAND, THREE-HUNDRED, FORTY-EIGHT DOLLARS AND 50'00 (1,930,348.50) TO MANSFIELD OIL COMPANY OF GAINES- VILLE, INC., THROUGH THE SOURCEWELL COOPERATIVE CON- TRACT PROGRAM; 'MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the award of a construction contract for the North Main Street Pavement Preservation Phase II Project to Interstate Improvement, Inc. ORDINANCE NO. 15,697 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING A CONSTRUCTION CONTRACT WITH INTERSTATE IMPROVEMENT, INC., FOR THE NORTH MAIN STREET PAVEMENT PRESERVATION PHASE II PROJECT; AU- THORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIX-HUNDRED, FIFTY-THREE THOU- SAND DOLLARS ($653,000.00); MAKING OTHER PROVISIONS RE- LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing Amendment No. 1 for Construction :Management and Construction Inspection Services for the Goose Creek Lift Station Rehabilitation Pro- ject,with Carollo Engineers, Inc. ORDINANCE NO. 15,698 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE AGREEMENT FOR CONSULTING SERVICES WITH CAROLLO EN- GINEERS, INC., TO PERFORM CONSTRUCTION MANAGEMENT AND CONSTRUCTION INSPECTION SERVICES FOR THE GOOSE CREEK LIFT STATION REHABILITATION PROJECT; AUTHORIZ- ING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHTY-THREE THOUSAND, THREE-HUNDRED, SEVENTY-ONE DOLLARS ($83,371.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF i. Consider an ordinance authorizing a Change Order to the Annual Plumbing Services Contract with Blackmon Inc. ORDINANCE NO. 15,699 City Council Regular Meeting Minutes January 25,2024 Page 11 of 15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 1 TO THE AGREEMENT FOR ANNUAL AS NEEDED PLUMBING SERVICES AND EMERGENCY PLUMBING SERVICES WITH BLACKMON, INC., IN AN AMOUNT NOT TO EXCEED SIXTY-FIVE THOUSAND DOLLARS ($65,000.00); AND PROVIDING FOR THE EFFECTIVE DATE T1IEREOF. j. Consider an ordinance authorizing the award of the Central District Wastewater Treatment Plant Digester Cleaning to ;Merrell Bros., Inc. Council Member Kenrick Griffith commented, "The reason why I moved it, I know there's a pro- cess for bidding, and I just want to call attention maybe to perhaps amending that process. I know we only had one bidder on this wastewater treatment. I hope moving forward the city will consider a process in that there's only one bidder that there's an extension period to allow other bidders to ensure the city is getting the best value for its dollar. I understand this bidder is out of town. There are some per diem costs that come with it. I trust that the city does their due diligence to make sure they're getting it, but I want to make sure that, moving forward, if there's only one bidder that, the city has a side-by-side comparison. Also, I'm under the understanding that the bidding process doesn't allow for, or doesn't consider local bidders or local jobs that offer on the bid. I would like to see a process where there's a point set up that allows for preferences for those who actually work here and are based locally in the hopes that one could cut down on per diem costs and also give our local business an economic advantage towards our bids. Interim Director of Public Works and Engineering Frank Simoneaux commented, "Right. We can discuss modifying purchasing rules so that we do take local businesses into account. I will tell you, being in Baytown, there are instances where we can only get one bidder sometimes. On this par- ticular item, I was very comfortable moving forward because the bid price was actually very good compared to previous years when we bid this out.The bid came in under our budget and we thought it was a good bid, so we were happy with that." A motion was made by Council Member Kenrick Griffith and seconded by Mayor Pro Tern Laura Alvarado to approve Ordinance No. 15,702, related to Item 7.j. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 15,702 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, ACCEPTING THE BID OF MERRELL BROS., INC., FOR THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT DIGESTER CLEANING PROJECT; AUTHORIZING AND DI- RECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE City Council Regular Meeting Minutes January 25,2024 Page 12 of 15 AND ATTEST TO A CONTRACT WITH MERRELL BROS., INC., FOR THE CENTRAL DISTRICT WASTEWATER TREATMENT PLANT DI- GESTER CLEANING PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF ONE HUNDRED EIGHTY-SEVEN THOU- SAND, THREE-HUNDRED, SIXTY-SEVEN DOLLARS ($187,367.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the approval of a generator Maintenance Services Agreement with Cummins, Inc., for the Baytown Wastewater Treatment Plants. ORDINANCE NO. 15,700 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING PAYMENT IN THE AMOUNT OF NINETY-FIVE THOUSAND,FOUR-HUNDRED,FORTY-EIGHT DOL- LARS AND 20 00 ($95,448.20) TO CUMMINS, INC., FOR THE GEN- ERATOR MAINTENANCE SERVICES AGREEMENT FOR THE CITY OF BAYTOWN WASTEWATER TREATMENT PLANTS, THROUGH THE SOURCEWELL COOPERATIVE CONTRACT PROGRAM; MAK- ING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the purchase and installation of micro-surfacing from Intermountain Slurry Seal, Inc., utilizing the City of Baytown's Cooperative Purchase Agreement with the City of North Richard Hills. ORDINANCE NO. 15,701 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIVE-HUN- DRED, SEVENTY-FIVE THOUSAND, NINE-HUNDRED, FIVE DOLLARS AND 72'00 ($575,905.72) TO INTERMOUNTAIN SLURRY SEAL, INC., FOR THE PURCHASE AND INSTALLATION OF MICRO- SURFACING, THROUGH A COOPERATIVE PURCHASING AGREE- MENT WITH THE CITY OF NORTH RICHLAND HILLS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. APPOINTMENTS a. Consider the appointment of James Franco to the Baytown Municipal Development District and the Baytown Hospitality Public Facilities Corporation. A motion was made by Council Member Mike Lester and seconded by Council Member Jacob Powell, Resolution No. 2879 to appoint Council Member James Franco to the Baytown Municipal Development District and the Baytown Hospitality Public Facilities Corporation. The vote was as follows: City Council Regular Meeting Minutes January 25,2024 Page 13 of 15 Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member Jacob Powell, and Council Member Mike Lester Nays: Council Member James Franco (Abstained) Approved RESOLUTION NO. 2879 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS,APPOINTING COUNCIL MEMBER JAMES FRANCO TO THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT AND BOARD OF DIRECTORS OF THE BAYTOWN HOSPITALITY PUBLIC FACILITIES CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider the appointments for the Baytown Capital Improvement Plan Ad Hoc Com- mittee and the Baytown Finance Ad Iloc Committee. A motion was made by Council Member Mike Lester and seconded by Council Member Jacob Powell, Resolution No. 2880 to appoint council member James Franco to the Baytown Capital Improvement Plan Ad Hoc Committee and Mayor Pro Tern Laura Alvarado to the Baytown Finance Ad Hoc Committee. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Sarah Graham, Council Member Kenrick Griffith, Council Member James Franco, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2880 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS,APPOINTING COUNCIL MEMBER JAMES FRANCO TO THE BAYTOWN CAPITAL IMPROVEMENT PLAN AD HOC COMMITTEE AND COUNCIL MEMBER LAURA ALVARADO TO THE BAYTOWN FINANCE AD HOC COMMITTEE; AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. 9. MANAGER'S REPORT City Manager Jason Reynolds reported there will be a Push-In Ceremony for Engine 6 at Fire Station 6 on Saturday, January 27`h at 2 p.m. Mr. Reynolds also recognized Officer Brice Lamach for receiving a write-up from Citizen. The Citizen shared, "He was just so happy to know that we City Council Regular Meeting Minutes January 25,2024 Page 14 of 15 have a department with officers who are willing to go above and beyond for citizens in the com- munity." Officer Marcus Rivers was also recognized for the compassion and empathy showed to an amputee citizen that needed assistance." 10. COUNCIL MEMBER DISTRICT REPORT a. Receive a report from Council Member Sarah Graham regarding projects,programs and events in District No. 2. Council Member Graham reported on the following projects, programs and events in District No. 2: Parks & Recreation Items • Ward Road tree replacement from the drought started in January • The Wetland Center held a Winterology Camp • Environmental Protectors Initiating Change Secondary Science Club, they participated in the annual Christmas Parade using recycled and repurposed material found throughout the town Planning& Development Services Projects The following businesses received a Certificate of Occupancy: C.S. Von Cuisine, Dreams by Daisy, That's Dance and Photography, Baytown Memorial, a funeral home, the Party House event menu, Exclusive Fade Club, a barbershop, Primetime, resale shop, Texas Appliance and Resale, a flower shop, Blooming Gems, a multi-tenant retail, there's a remodel going on over at DP, and then over on Alexander Seafood Market Fresh Catch. Public Works & Engineering Projects • Tree trimming in the Pelly& Middletown area • Illuminated street signage • ADA compliance with ramps over on Lee Drive between the Impact School and Lee Col- lege • The Drainage Project in its final stages and that's actually including some storm sewer material and some finalization on the pavement design 11. EXECUTIVE SESSION a. 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 6:56 P.M., Mayor Capetillo recessed and convened in to an Executive Session pursuant to: 1). 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 br to discuss economic development negotiations. City Council Regular Meeting Minutes January 25,2024 Page 15 of 15 At 9:16 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. 12. ADJOURN Mayor Capetillo recessed the January 25, 2024, City Council Regular Meeting at 9:53 P.M. until January 26, 2024 at.3:3 M. (2VII. IN Angela h c •on,City c'lerk" City of Baytbw`n, "�" 1/30/2024 d It's Time Texas Community Challenge _z Well Baytown ' Free eight-week health competition that wt r kicked of January Sn and runs through March 3'.2024!Texans across the state o l aueraava.aaaaa ' compete and earn points by eating healthy AS- C t1 T DNA ti i N �� -HE being active,and staying hydrated �iei! b3LL nr nrn a•weat heoeh comFi.enhn -"LLENGE•TODAY! Download the Community Challenge app to 0—Moad the.-•PP get started!If you participated last year simply log in to app. Sign up for tM chase, T!; •.log Healthy Habits pi.,. Campine an l win Pdees Will Ways to Earn Points THE INDIVIDUAL. lister by downloading the Community Challenge app and take the Health Champion EXPERIENCE Pledgel(t,OW points) U—Spread the Wind'—ia.on rheapo Mine ar-..awn.ewmwa ne a aardN 1peapebu Ier ulrl- xumaanwon oled[e ..a..r•Mw..re.. tar[M - Submit a Community Leader pledge(5,000 points) CMCL•aaa Mayor L er•OafY•Ynaf Chk leader Gay Ceunci Marion, "ew;,�„""e�•"•"" Submit a Community Leader Video(5,000 points) r.....i.m... w.en..a..u.. conarunny.unodd;urKl ana emowrerleaeen are en<oura[ea ae rererd oremetawl weos<aoura[m[mev .au.roacaw.n .r.�.e�a.weo....•wa.. ommun.nrnemnen rd wndwte """'"~' L.wafawat valeo revnuoonm wewvaaepwl medu Naaarnnn,aner aooreMaeeommun�wbn oharorma (Tri1 TOU TEE" deee.eenhaeh a.�.a e It's Time Texas Community Challenge Rankings Over Time Current Rankings TOP 5 MEDIUM COMMUNITIES TOP 5 LARGE SCHOOL DISTRICTS t Karl. an t Pharr-San Juan-Mamolsd 2 Pharr 2.Goose C—k Clad MKM 3.Baytown 3 klcallenlsd �. 4 Weslaco 4 Edinburg C,sd 5 Mission 5&ownwelelsd 1 1/30/2024 Take the Pledge! Will you join us? r. . wtuuwa-tuxNa ,` W N THE �6r Fra.M &wavk h- cam W COI�7M�LINRV CHALLENGE,TonODc. 'b—laadtha F—App O Sign Up rottM cnap.iq. 7`T' «�Log Manny Na0lu Y Cpm—andWinpa— d� :: :a IMINim. 2 2/1/2024 Baytown Police Department 2023 Racial Profiling -0101 Report lohn Stringer .,. Chief of Polke Bar—Police Department Purpose • Provide Overview of Data and Analysis of Traffic Stops in 2023 • Enhance Departmental Transparency • Comply with Texas Racial Profiling Law(SB 1074) • Detailed Report available at httgs.11www.tcole.texas.govlcontentl racial-profiling-reports Declaration of Compliance All agencies conducting traffic enforcement must collect/analyze data • All BPD marked vehicles and patrol officers we equipped with digital video and audio devices to record encounters sw•"te«pawiceny renew re—limp • Peta:wd re.uwat 90 e•Ya • All swom personnel are trained on anti-bias,cultural diversity,and racial profiling • BPD Policy prohibits bias-based enforcement,including racial profiling 2/1/2024 Data Overview Bayt—D-"awn-. Traffic stop Dam HbpWe«latim 527E TaAk SWPa tLsu M ca,—Hbpvt 28.87E 527ri Nryait • 26957E BW BNtkcr AAian Ala 754% Sa.d— 7N0 am6*h. Ydlaxm Amat PadBc hi".a Ad- 1796 • 2af ibMMa 4.r 515 Caemt AImYa Na**w I% k— Ip67 Natlr•A.-k- • aq5 YIIiY 527< pd ' in Nye Results • Data Collected and Comparative Analysis is Compliant with Texas /4 Law Y • No Indication of Department or r Individual Officers Racially Profiling • No Complaints of Racial Profiling in 2023 , • Data Has Been Submitted to TCOLE Thank you 2 Q) c• > a� U N N Ln M O` O 0, 1`'1 4 N Il M N rl N N 4) • M 00 O> O .0 • �, p 0 • C O 'O 00 Ln �} N th -ao 'C N Q O Ln M '0 M r LJJ O� co C 0 V Q 1 d9 d9 LL � m oo • O- O Ln O ;t 0* co L m • > 00 r- N CO r� N • @ N C • • -Y U 0` C, N M p. N N • • .. 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