2024 12 23 CC Minutes SpecialMINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
December 23, 2024
The City Council of the City of Baytown met in a Special Meeting on Monday, December 23,
2024, at 11:00 A.M. in the Council Chamber of the Baytown City Hall at 2401 Market Street,
Baytown, Texas, with the following in attendance:
Sarah Graham
Mayor Pro Tem
Laura Alvarado
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
Chief of Police
Mayor Pro Tem Sarah Graham convened the December 23, 2024 City Council Special Meeting
with a quorum present at 11:02 A.M. All members were present.
1. CITIZEN COMMENTS
Mayor Pro Tem Sarah Graham announced no citizens signed up to speak.
2. DECEMBER 14, 2024, RUNOFF ELECTION
a. Canvass the returns of the City of Baytown's December 14, 2024, Runoff Election.
Mayor Pro Tem Sarah Graham was presented the sealed Runoff Election Canvas results regarding
the Office of Mayor from the City Clerk, who is the canvassing authority. Ms. Graham presented
the results as follows:
City Council Special
Meeting Minutes
December 23, 2024
Page 2 of 16
Cmr OF BAYTOVM
DECEMBER 14, 2024 RUNOFF ELECTION
CANVASS
OFFICIAL RESULTS - CUMULATIVE REPORT
TOTAL OVERALL DA& LOTS CAST —
TOTAL PROvI$IONAU,r BAL.L47A
TOTAL UNDERVOTES i OVERVOTF_S �— 1
TOTAL NUMBER OF RFOOTUMD VOTERS
VOTER TLNWODUT
s�
II
Mayor Pro Tem Sarah Graham stated that the Runoff Election Canvas report from canvassing was
returned to the City Clerk, the general custodian of elections records.
b. Consider an ordinance declaring the results of the City of Baytown Runoff Election
held on Saturday, December 14, 2024.
A motion was made by Council Member Kenrick Griffith and seconded by Council Member Laura
Alvarado to approve Ordinance No.16,042, as submitted. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro
Tern Sarah Graham, Council Member Kenrick Griffith, Council Member
James Franco, Council Member Jacob Powell and Council Member Mike
Lester
Nays: None
Approved
ORDINANCE NO. 16,042
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY -
TOWN, TEXAS, DECLARING THE RESULTS OF THE MUNICIPAL
RUNOFF ELECTION HELD DECEMBER 14, 2024, CONCERNING
THE ELECTION OF MAYOR OF THE CITY OF BAYTOWN; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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December 23, 2024
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3. DISCUSSION
a. Discuss and take possible action regarding the City of Baytown Mayor Pro Tem.
Mayor Brandon Capetillo announced a citizen signed up to speak.
Byron Schirmbeck, 4727 Black Stone Street, stated, "Mayor Pro Tem, I have no doubt of your
qualifications to serve that came up and I have no doubt of the qualifications of anyone up there
to serve. I think you've all been elected to represent your district and I believe you're all due the
honor of being Mayor Pro Tem. You all deserve the honor of being Mayor Pro Tem under the
situations that was proposed before. By the way, I would like to wish everyone a happy Festivus
today. I do have a list of grievances, but I'll stick to 1 today. The process on selecting the Mayor
Pro Tem has been the same for about a dozen years. I believe that we should continue at least
through the next change with the way that we are to avoid any kind of conflict, to avoid any kind
of inadvertent disrespect to any Council Member. I feel that potentially this last action was targeted
towards this particular Council Member, if it wasn't I hope everyone says so. If you want to make
changes to the program, Council Member Franco said that he didn't want to accept when his time
is up, which is next. Perhaps we go ahead and reevaluate it at that time, that way there's not going
to be any potential for conflict. When it comes to qualifications, the Charter actually says what the
qualifications are. Now it's true, the Council can oppose additional qualifications such as you have
to be on the Council for a year. The Charter actually says, the Mayor and each of the 6 Council
Members shall be a citizen of the United States of America, a qualified voter of the City and shall
have resided in the territory from which the office is elected for at least 6 months immediately
preceding the election and throughout the term of the office. A member of Council who lacks any
qualification for the office prescribed by this Charter, by law or convicted of a felony while in
office shall immediately forfeit the office, that's it. If you meet those qualifications, you're qualified
to be a Council Member and you're qualified to be Mayor, according to the law. Let's recognize
the Charter, it's the Constitution of the City and the barrier that we the people put around you and
the guidance that we've put in place. The Council certainly has what you call plenary power and
you can put additional requirements on that like we said. I have every confidence in my Council
Member, District 3, Kenrick Griffith, to uphold the requirements of the office if he's selected just
like I do for all of you. So, put this off until it's not going to create a conflict and respect your
colleagues. Thank you."
Mayor Brandon Capetillo informed citizens that the Poll of Grievances is located in the City Hall
lobby, if anyone was interested.
Council Member Kenrick Griffith, stated, "I want to express my gratitude to Councilwoman
Graham for having this item put on the special agenda. I also express my gratitude and a thank you
to Byron Schirmbeck, for his vote of confidence in my abilities. I also want to express my
disappointment, not only personal, but also for the constituents in my district that vested their
confidence in myself. Just like all my colleagues' constituents vested their confidence in them to
carry out and execute the responsibility that comes with our elected office. I feel the manner in
which this process was handled at the December 121h meeting seemed a bit targeted, seeing as my
colleagues' reservations wasn't expressed a year and a half ago, and three of my colleagues were
afforded the honor of the Mayor Pro Tem seat leading up to this point. I like to believe that before
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December 23, 2024
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any of my colleagues up here put their name in the hat for the elected office on Council that they
did knowing full well the responsibilities and potential responsibilities with this position. There
isn't a member of Council, self -included, that I believe lacked the ability and qualifications to carry
out the responsibilities of Mayor Pro Tem. I'm interested in hearing from my colleagues on what
they feel are the unique set of qualifications that individuals would need to possess that anyone
running for elected public office would need to possess. For any of us to say any of us lack
qualifications of this position is an insult to the people who have given each one of my colleagues
their vote of confidence. I heard some of my colleagues mention that they would want to see how
other Cities choose their Mayor Pro Tem. Personally, I found the process of comparing with
different Cities to be inconsistent. Other Cities have lower tax rates, lower water bills. Are we
going to start looking into different Cities on that? I'm sure a lot of our fellow citizens wouldn't
mind that one bit. So, I think we shouldn't pick and choose based on what other Cities are doing
or not doing and base our decision on what works for Baytown. I think Baytown should be leading
the way, not following. At the same December 12th meeting, four members, including myself,
made very important decisions regarding both the Municipal Development District Budget and the
City Budget. There were no objections to voting on those items despite the fact that we had two
Council Members absent from that meeting. As long as we have a quorum, we should be fully
capable of acting without wasting any more of the City's time and resources with going back and
forth. I think we should keep the process as is. If there's any one of us for any reason who feel like
they are incapable of fulfilling the role of Mayor Pro Tern, then they are free to decline the position
and let it pass to the next Council Member. Mr. Powell, if you still feel strongly about making a
change to the process of selecting Mayor Pro Tem, then we should revisit it when your term comes
up again. I would tell everyone right now,1 don't think the change of process is necessary, and we
shouldn't be wasting the City's resources attempting to do it. Also, I want to provide a quote that
was in the Baytown Sun. Mr. Powell said his concerns for Mayor Pro Tem issue has nothing to do
with Griffith's ability to handle the position. Mr. Powell, I want to thank you for your vote of
confidence and I see no reason for us to skip myself over knowing that you full well said that
you're confident in my abilities to fulfill that role. So, I'll leave your comments up to you guys, but
I hope we could take action on this and move forward amicably."
Mayor Brandon Capetillo, stated, "Thank you sir. Any other discussions? 1 do want to say, I'm just
offering this out there as I don't have a dog in this hunt really other then I understand the roles as
Mayor. I understand the last minute could happen, where recently, I needed a Council Member for
a proclamation or whatever else. So, some of those things I truly understand. Its really Council's
pleasure moving forward. I'll open up with, if you'll need to seek legal advice regarding anything
from the City Attorney, we can do that or we can stay in open session. It doesn't matter to me. We
can't make any decisions obviously in Executive Session, but I just want to make sure that's of-
fered. If not, we'll continue the discussion here."
Council Member Jacob Powell, stated, "I mean, I'll say the same thing 1 said in the last meeting.
This was a concern I raised, I believe it was in our Council retreat earlier this year. I think maybe
at the time Councilwoman Alvarado was Mayor Pro Tem and when I brought it up then I don't
think anyone thought it was targeted in any way at who was going to go next, so I don't know why
it's turned into that now. I don't think it's about skipping any one individual. If we were to get rid
of the rotation, we could potentially be skipping 5 individuals, going forward. So, it's really not
about any one person, any one Council district. It's about just what 1 think is the best thing for
Baytown going forward and I think comparing to other cities, other government entities is
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something we do for tax rates and for water rates. We've done it for permitting. We do it all the
time compared to other cities and other government entities. So, I don't think that's something we
should neglect. I think it's just another data point that we can look at how others are doing things.
I mean, even if we look inside Baytown, and look at the college or the school districts, they have
their ways. I believe Lee College, the Regents, after they hold elections, after all new Regents are
seated, they at that point choose a Chairman. They have a Chairman, Vice Chairman, Secretary
and Treasurer. They have multiple positions they elect amongst themselves. That's why I brought
this concern up in the last meeting. It's just something that I would like to see us move towards,
you know, holding those elections after elections are over when new Council Members, new
Mayor, whoever's newly seated up here. Then we have an election for Mayor Pro Tem. So, it
makes sense to do that type of thing in January after any changes have occurred up here on the
dais. if Council as a whole want to take action on this today, then I'll be prepared to vote how I see
fit. Again, I think it's just my personal opinion, the rotation is not the best way to elect a Mayor
Pro Tem and I held that view for over a year now and that's not going to change. That's what I
think is the best thing."
Mayor Pro Tem Sarah Graham, commented, "Hello, actually I agree with both of you. I am Mayor
Pro Tem right now, but I did talk to the lawyer earlier this month. I do not plan on going past
December 3 1 " as Mayor Pro Tem of 2024. It has been a privilege and honor and if we continue
the rotation, then I will accept it if my turn comes around. However, I do think that part of our job
as Council is to discuss things. Our City has changed and we're growing. I don't think that we
should continue doing things just to continue doing things for the sake of doing them. I've had
conversations wanting to know the history, because previously we did not rotate in the City of
Baytown. I know Mr. Schirmbeck clarified that we've been doing it for a decade or 12 years. We
are at 76 or 77 years, so there was a lot more years that we weren't doing the rotation. However, I
would like to vote today on moving forward with Council Member Griffith as the next Mayor Pro
Tem. If the community doesn't know, I could not find anywhere in the Charter where it listed the
months of when we serve as Mayor Pro Tem. If you could help me out with that. Is that listed
somewhere?"
Mayor Brandon Capetillo, stated, "The Charter says that we will select a Mayor Pro Tem, period.
We can do whatever policy we want, we can say you must be 17 years old, whatever the case may
be. We can do whatever we want. We can go down that rabbit hole, but at the end of the day, it's
our responsibility as Council Members to select a Mayor Pro Tem, period. I think the point was
that Council Member Powell said a year ago, let's discuss this and everybody just left it at that.
Now here we are today so that's my point."
Mayor Pro Tem Sarah Graham, stated, "I think we did agree with him. I don't remember who all
was there, but we've had several conversations and I do think we need to get to a point of
discussing. If we need to change moving forward, great. However, as far as timeline goes, I think
that just moving forward January 1st letting Council Member Griffith vote to give him that honor
and then I went back and watched the last meeting since I wasn't here and I know Franco doesn't
have an interest in it. Moving forward, having our discussion at some point, maybe a work session.
I don't know how we want to do it moving forward, but discuss if we need to make changes. I think
that's all I have to say for this."
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Council Member James Franco, stated, "I did say that I was not going to take the Mayor Pro Tem
and the reason for me saying that is because I feel that our Mayor Pro Tem needs to have a little
more insight on what we're doing. I think our Mayor, as we see has a lot on their plate. They have
a lot in their schedule, and I think the Mayor Pro Tem role is to take some of that off of them.
There's going to be times where they can't be everywhere. As the Mayor Pro Tem, they are going
to need to take on at least half of those responsibilities that the Mayor is doing. I also know, we
have been doing this in the past, but 12 years ago Baytown was not the size it is. We are growing,
we are continuing to grow, we know what's happening, what's coming, we see it. This is not us
trying to follow other Cities, this is us trying to understand that as we grow we cannot be what we
were 40 years ago, what we were 20 years ago, what we were 10 years ago. We are moving forward
in this City and this is a policy that large Cities have to do because it is more responsibility to the
Mayor than it was 40 years ago. 40 years ago, the Mayor was a ribbon -cutting guy doing some
things different here. Our Mayor met with an Ambassador from Japan. A totally different scenario
than it was 30 years ago. I'm not trying to say that 1 can't do that. What I'm saying is that someone
with more experience on the inner workings of the City is what we need as a Mayor Pro Tem. Not
saying I can't do it, not saying Ken can't do it, Sarah and Laura can do it. That is for us as a Council
to decide, not as just a ceremonial rotation to decide. It is for us as a body to discuss and decide
what we think is the best for the City of Baytown. I would not be upset if someone said, hey James
I just don't think you're ready for it because you're still leaming some of the ins and outs of the
City of Baytown. That's why I don't think I'd be ready to take on that Mayor Pro Tem role. There's
no way I could go meet with someone internationally trying to bring business here. 1 wouldn't
know what to say. Then if he couldn't be there that day and him knowing more and I get it Jason's
there and he manages the City, lawyers are there and they have a little more understanding. That
is what we need to understand in this situation. We are moving forward. The City is growing and
we have to grow and adapt with the City. It is nothing personal. He did talk about it and that is
why, I did say I'm not going to do it because I think it is something that needs to be changed. I
think it's best to change it, like I agree with Councilman Powell, that when we have a rotation that
changes an election, because granted, we have three offices up next year, whoever comes into
office should be able to decide that and be in on that vote. I think January is the time that needs to
be when we need to have the Mayor Pro Tem discussed and agreed upon for the year amongst the
Council. That's kind of all I'm going to say on that, but it is nothing against anybody up here. Please
do not take it that way. I think all of us have done a great job. I think we've seen what we've done
with the City. Like we talked about, we're moving to more transparency for the citizens. We are
going towards different things. We are cutting the budget. We are one of the only Cities in the
county who cut the budget, who cut their tax rate. Nobody did that, hardly anybody in the City did.
Our neighbors, if you want to compare, all raised their tax rate. Our school district raised their tax
rate. Our county did. We as citizens of the City of Baytown did not. We took, we did, we went the
steps for our citizens. That's all we're trying to do here, Thank you."
Council Member Mike Lester, stated, "I'll jump in Mayor, and as you indicated, you were on
Council when the decision to go to rotation was done. I was not on Council, but I was on the other
side of the dais out here. Some of the history to that was before, Councils would come and make
a nomination to who was going to be Mayor Pro Tem and then they voted on it. Sometimes it
would pass, sometimes it wouldn't and they'd have to make another nomination. I saw that iteration
several times. There was a specific Council Member who never got nominated. The issue, the one
that went to the rotation was because that individual had been a longstanding member of Council
and was never allowed the opportunity. They changed it to a rotation. I'm not necessarily opposed
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to the rotation. I agree, we need to look at the timing issues, because this is a good example. We
have a new Mayor coming on board, and he might like to comment or vote for or against. So
maybe the timing issues is of concern. I'll use my specific tenure as an example, the rotation
occurred in my first year and I didn't have the 1-year tenure, so I got skipped, which is okay. The
purpose of the 6-month rotation is that in a 3-year period, the intent was that every Council Member
got a chance to serve as Mayor Pro Tem. I would have gone my entire 3 years and not been Mayor
Pro Tem if one of my colleagues didn't pass when their rotation came up, passing allowed me to
serve. That's something we need to look at, as per our rules, and that's all it is, a rule or a policy.
If you don't have the one-year tenure, which is a minimum, then when you get that tenure, you fall
back next in line so that there is an opportunity. I also wouldn't mind having the discussion if there
is an incident where the Mayor is going to be permanently out, the Charter says the Mayor Pro
Tem will serve until the next general election. Well, that individual, ceremonially no problem, but
to actually take the helm of the City. That individual may or may not be ready with having 1 year
and all of a sudden, they're Mayor for two years or for a year. I guess the next general election
could be bumped up. So that may be a discussion that we have for policies in there that says okay,
if that's the case then Council convenes and makes a permanent selection for Mayor Pro Tem that
would then serve as Mayor for a prolonged period of time versus a 6-month rotation. There's a lot
of things that need to be discussed because the City has changed over the years. Just look at that.
Again, I was not here when the initial discussions came up. It kind of took me by surprise that it
came up at a session. It has been generally discussed in some of the retreats we've had and there's
been a consensus, we kind of need to look at that, it's just one of those things, it just never flows
to the top. I think we do need to discuss it and look at how we move forward from here. Outgoing
Mayor, it has been a privilege to serve with you. I'd like to hear from the Mayor -elect as Mayor to
see what his opinion is. It's kind of difficult to drag him up here and do that today. I'm in a little
quandary as to how it would go, but I do think we need to seriously look at it, and my position
would be it needs to be on a discussion item to discuss and potentially take action until we figure
out exactly what we want to do and then make those appropriate changes. I agree with both my
colleagues or all my colleagues up here that I think we're all in agreement that something needs to
be changed. We just don't know exactly what. Again, it's holding Ken up per se, but that's not the
intent. It's just, in my opinion, it's got to the point that we need to discuss this, whether it's during
Ken's potential serving as Mayor Pro Tem or if it's during the skip or if James decides to skip on
the next term. It falls down then eight months later, six months, or a year later, he says, okay, I'm
ready to serve my term. Then we need to be able to make that decision to do that. There's a lot of
tweaks that we need to do, which is what we do up here every 2 weeks. We review things and
tweak things. Again, I'm kind of floating in neutral as to which way I'm going to go. I'm hoping
we can delay, take the pause or if we decide to commit as a group that we're going to continue to
discuss this at every session until we work it out to make some decisions. Or we say I don't want
to do it, so let's just go with Ken and then drop the subject, we can't do that. That's what's been
occurring for the last couple of years with this issue. It's kind of like, it's really not a high priority,
but it's something we need. We just don't need to pass it, thank you."
Mayor Brandon Capetillo, took a point of privilege to recognize the Mayor Elect Charles Johnson
in attendance of the meeting today.
City Council Member Laura Alvarado, commented, "I'll be the last one to make comments. I think
for me, first of all, we need to take the word concern out, because there's really not a concern in
my viewpoint regarding this topic. It's just something that's come up and it did come up about a
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year ago, this is nothing new. We've talked about it before and l had even questioned it when
former Mayor Stephen Don Carlos was on the board as well, because I've been around since then.
I will tell you that the number of times that I've served as Mayor Pro Tem, it has been strictly
ceremonial. Maybe I get to do a proclamation, maybe I get to go and say hello, it's just been that.
Yes, our City is growing and it's changing, but I think what we probably should do is not just how
the rotation is done, but what is done with the Mayor Pro Tem. There's no real opportunity to really
shadow the Mayor. We tried that before the Mayor and I and I've been on Council this long and
that never really happened. It's what happens while you are Mayor Pro Tem that would potentially
get you ready should you need to take over. Once your Mayor Pro Tem right now as it stands,
there's really nothing to do other than cutting the ribbons and all of that. I think we need to look
beyond that, so we do grow more in our role and not just as Council Members to our constituents.
I feel that needs to happen, but we don't need to go deep into this because I do feel it warrants
further discussions. I mentioned at the last Council meeting that I did want to see what other Cities
are doing, because we have looked at other Cities as Councilman Powell said, we've looked at
everything else and it's kind of a data set. There's nothing wrong with looking at other Cities. When
I'm talking to my fellow colleagues on the Houston — Galveston Area Council (H-GAC), many of
them don't rotate. When I told them that we rotate, they're like, really? You only get six months.
It's like, what do you do within those six months? They all started questioning me and I think we
do need to do something, but I'm going to be honest, everybody on here pretty much has already
had an opportunity to be Mayor Pro Tem. Mike, you got to serve, Jacob, Franco said he wouldn't
be taking it on. I think at this point, one, I'd like to wait for the Mayor -elect to come and see his
viewpoint, two give Ken an opportunity to serve, and knowing that's where it's going to stop
potentially. Then we can continue those discussions. That's kind of how I feel about it, because
we've all had that opportunity. It kind of makes them feel like what you said, only one person never
got selected and never got appointed to be Mayor Pro Tem and that's kind of how it looks. The
fact that you felt singled out, I'm sorry that you felt that way, but that's not how this was intended
to be. Again, I'm going to reiterate, this is not the first time this was brought up. I want you to
know that this was not a targeted issue, not a targeted discussion. 1 understand Council Members'
reasoning for wanting to bring this up and wanting to change things. We've got a lot of irons in the
fire. We do and hopefully, our constituents will start seeing some of that progress that we've been
discussing. I think moving forward, let's just get the Mayor -elect in, get his viewpoints, and let's
start the rotation after if that's what we need to do."
Mayor Brandon Capetillo, stated, "Thank you ma'am, I'll read my comments on it. First, three
qualifications for the President of the United States. You must be 35 years of age, a natural-born
citizen, and have lived in the United States for 14 years. With those three, you can be President of
the United States. Now, I think there's a lot of people on this dais that probably meet those
qualifications, but none of us are probably truly qualified to be President of the United States. I'm
the only one up here that has served as Mayor and many times Mayor Pro Tem, and I did
experience the times when it was a selection by nomination; some passed, some failed, and then
the rotation. I think both served at the time, but I think our City at this point, there's stuff that is
beyond ceremonial in my mind and I think what we really do have to keep in mind is that. I guess,
the biggest negative about just a simple rotation, is that in the worst -case scenario does somebody,
although they meet the written qualifications truly have the skill set to serve as Mayor in that
capacity? I'll just say it this way, I wish in my mind, maybe not every Council Member serves,
serving up here today they meet that skillset in my perspective from a person who sits in this chair
as of today. Now with that, I've already had one transition meeting with Mayor -elect Johnson. We
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discussed this at that time, that's when I was told three Council Members all agreed to have a
discussion. So here we are discussing, but it also sounds like you want to wait and hear his input.
I didn't want his first meeting in a sense to have this type of topic on an agenda. I think that's not
what you want for your first Mayor meeting. That's just kind of my take on it. I've heard each of
you and all have your valid points. I hear we want to discuss it, but we'd like to hear the Mayor -
elect's input. That's an option, but at the end of the day from what Ms. Graham said that she does
not wish to continue beyond December 3151. I'm just saying I'm looking at all the different things
that have been expressed, one is that you will not serve beyond December 31 ". My suggestion
would be you serve until you all figure what direction this is going to go, rotation or not. If you
choose, you're not going to serve past December 31 ", then that forces other actions good or bad.
My suggestion would be you serve until it gets figured out. That could be if it's Ken or whoever,
right? At least if that's the line you draw in the sand, then that's the line you draw on the sand. This
is where I'm at, I mean, you can make a motion, but those are the things. That's how I see it. This
for the most part has zero impact for me either way. I just want to be sure, the one thing that I
really want everyone to understand is when you cast that vote for any item up here, I've always
said at the end of the day when you cast a vote for whatever issue is up here is in the best interest
of Baytown and I would still continue that practice today, but go ahead."
Mayor Pro Tem Sarah Graham, stated, "Mayor Capetillo, first thank you so much it has been a
privilege, also I wanted to reiterate what my colleague said of serving with you. I've lived in
Baytown my whole life but you've served a very long time in our community as I was growing up
and then I've had the privilege of serving with you and I just want to take this time to tell you thank
you. You've definitely taught me quite a few things and I appreciate that."
A motion was made by Mayor Pro Tem Sarah Graham and seconded by Council Member Kenrick
Griffith to vote in Council Member Kenrick Griffith as Mayor Pro Tem, term starting January 01,
2025 until further discussions can be made. However, there was discussion prior to the vote.
Council Member Jacob Powell, commented, "My comment will be I'm going to be opposed to this
for the reasons that I've stated earlier. I think it's best to wait till January and do this. I just think
the best thing is we make this type of decision after new people have always been seated on the
dais. I want to stay consistent in that viewpoint."
Mayor Pro Tem Sarah Graham, stated, "I absolutely think that we should look a little deeper into
this because there were parts of everything that all of you said that I agree with heavily."
Council Member Mike Lester, stated, "Can I get a clarification from legal, if we vote on this and
let's just say it passes, does that mean we would have to waive our rules to re -discuss and
potentially change it for the 6-month period."
City Attorney Scott Lemond, responded, "Yes, you would have to change that rule that's in our
rules of procedure and you could vote to waive the 6-month requirement as well."
Council Member Laura Alvarado, stated, "Since Council Member Graham is choosing to end her
tenure at the end of the 3 1 " and the vote is to move forward and wait for Mayor -elect to come in,
then what happens with that in between?"
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Mayor Brandon Capetillo, announced there will have to be another motion.
Council Member Mike Lester, stated, "I hate to say friendly amendment, but amendment that the
motion would be to place Ken as Mayor Pro Tem until then. I'm trying to get a way so we don't
have to deal with waving our 6-month rule. Potentially not having a Mayor Pro Tem, but allow us
the ability to discuss and modify or change as we see fit over the next few months. I'm struggling,
to find a proper friendly amendment that Ken serve as Mayor Pro Tem until we modify or change.
If we modify or change the Mayor Pro Tem rules so that gets us away from having to vote every
time that we're going to waive our 6-month policy and then have a gap where we have to single
somebody out, then I'll withdraw."
Mayor Brandon Capetillo, stated, "My only comment is, I heard a majority of you and it seems
like there's enough Council Members that want to wait to discuss this and make a decision once a
new Mayor is seated. Hold on ma'am until I call upon you, okay? I think that's really where it
should go unless there's some type of alternative. Like I said, if you say December 3 1 " is your last
day and you don't want to serve three more weeks or whatever the case might be after that. Then
that's your call. That's what my suggestion would have been and then it could be Ken or someone,
but at least you have your Mayor -elect that could have input on it. I was trying to take this off his
plate, but it is what it is. So that's where I'm at."
City Manager Jason Reynolds, stated, "This is challenging for me because this is a topic I need to
stay out of. I'm trying to offer advice without inserting myself. From my point of view, my opinion
for the Council is if you are going to wait, you have two things. If Ms. Graham does step down on
December 31', you still have to take action today to put somebody in place come January 1 "
That's the first thing that you need to understand. The second piece of that is while you have a new
Mayor coming on, it still takes four of you to drive any and all conversations really. At the same
time, I can tell you from my point of view I can't see this being the number one priority for the
Mayor. The new Mayor -elect to want to discuss and so if you're going to delay it, please know that
you're probably going to delay it for another year or so just because there are many other things
that the Mayor -elect wants to review. I spent four hours with him on Thursday or Friday and that's
just scratching the surface on the things that have to be discussed. I don't know if this is something
that you really want to put in his Iap as a new first item to tackle. My advice to the Council would
be if you need to discuss it, now may be appropriate so that it's not something that the Mayor -elect
has to tackle as a first item. That would be my advice. If you want to discuss how the rules and
procedures go. Mr. Lester to your point about change in policy, you can meet with the attorney to
do all that. I will not be in there, but you'll have that opportunity if you need to."
Mayor Pro Tem Sarah Graham, stated, "The reason I want to finish out December 31", is because
the reason everyone is using to not discuss it, saying it can't be something or it shouldn't be
something put on the new Mayor -elect's plate. I'm only serving based off of what was voted on
last time through the 23`d. No matter what it's going to be something put on the Mayor -elect's
plate. That was one of the reasons that based off of some of the things you said, it makes the most
sense on everyone's agreement of who wants to serve as Mayor Pro Tem and who doesn't right
now at this moment. It makes the most sense in my mind after hearing all of these discussions to
just vote in on the motion, hopefully get Ken as Mayor Pro Tem and then no matter what on
January 23'd or before there will have to be some time taken. I don't know that everybody wants
to fight this battle and get into a really deep discussion more so than we already are. I don't think
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Meeting Minutes
December 23, 2024
Page 11 of 16
everybody thought we would be here this long today. I absolutely want to discuss this more, I've
been very clear about that. I'm not really sure what the best thing is moving forward as far as
rotations, the new Mayor -elect picking someone or if we put names in the hat, however we do it.
For me at this moment it makes most sense to get Kenrick Griffith as Mayor Pro Tem starting on
January I", which it would have been originally how the rotation worked anyways under our
current rule, I should say. I was trying to process how to modify my motion to vote in Kenrick
Griffith as Mayor Pro Tem January 1', until we are able to discuss no later than 60 days in 2025."
Council Member Mike Lester, stated, "That's where I was struggling, because I don't want us to
get cornered in or locked into the 6-month rule that we have to waive our rules. Then that's just an
additional battle and hurdle to get into to discuss. How do we modify that, so it would be acceptable
to allow us to decide, but allow us the opportunity to keep it open if you will? That's where I was
struggling to find the right verbiage as well."
Mayor Brandon Capetillo, stated, "Let me just say, it looks like all of you want to have a
discussion. Regardless of what you do today, it sounds like it's going to be something in the future
beyond 20 or 30 days."
City Attorney Scott Lemond, stated, "If the desire of Council is to bring back this item, without
having to modify the rules, you could elect a Mayor Pro Tem today with the proviso that it's
discussed again at the next meeting or two meetings from now. We've done resolutions like that
in the past."
Mayor Brandon Capetillo announced he would take a roll call vote for the motion that Council
Member Kenrick Griffith serve as Mayor Pro Tem for the current 6-month rotation rule starting
January I". The vote was as follows:
Ayes: Council Member Laura Alvarado, Mayor Pro Tem Sarah Graham, Council
Member Kenrick Griffith
Nays: Mayor Brandon Capetillo, Council Member James Franco, Council
Member Jacob Powell, and Council Member Mike Lester
Mayor Brandon Capetillo announced motion failed and request for another motion or alternative
options moving forward.
Council Member Jacob Powell, requested clarification from the City Attorney regarding whether
a motion to the procedure or individual to elect can be made.
City Attorney Scott Lemond informed the Council the item is broad enough for a motion of either.
Council Member Jacob Powell, stated, "I always wanted to discuss first and foremost was the
procedure for how we elect Mayor Pro Tem. As I've said, looking at some other Cities, and other
government entities. The best way to handle it, is the first meeting following swearing in of new
individuals or seating of new individuals and some legalese would have to make that clearer. I
would like to see us elect our Mayor Pro Tem following the first meeting and seating of new
individuals on Council.
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Meeting Minutes
December 23, 2024
Page 12 of 16
Council, expressed their opinions and recommendations regarding the appointee of Mayor Pro
Tern taking place at the swearing in meeting of the Mayor -elect in a run-off election, suggesting
for setting it at a subsequent meeting. In the meantime, have current Mayor Pro Tem serve until
the new Mayor Pro Tem is appointed by Council for a year long term.
City Manager Jason Reynolds informed the Council a second motion for Mayor Pro Tem starting
January 1', 2025 would have to be made if this was the first motion.
City Attorney Scott Lemond, clarified an amendment to Resolution No. 2145 would have to be
made prior to any following motions.
A motion was made by Council Member Jacob Powell to amend Resolution No. 2145, regarding
Mayor Pro Tem procedures and have the current Mayor Pro Tem serve until a new Mayor Pro
Tem is appointed for a year term at a meeting following a swearing in ceremony. However, there
was discussion prior to the vote.
Mayor Pro Tem Sarah Graham, clarifies the Council would vote for the new Mayor Pro Tem for
one year and revisit the vote after each election, but unsure if its any different from the current
policy.
Mayor Brandon Capetillo confirms the difference would be the new Mayor Pro Tem election
would be by a nomination method instead of rotation method.
Council Member Mike Lester, states, "In this specific case that would actually be the first meeting
in February, because the Mayor -elect is being sworn in and taking office, on January 23', am 1
getting that right? If it was a regular election where there's not a runoff, then we could potentially
have the swearing -in in December, so it would be the first meeting in January and that selection
meeting would fluctuate. I personally like the direction the discussion is going and I'd like to have
a bit more discussion to potentially massage it and tweak it a little bit and put my hands around. If
we vote on it and it passes, then we're going to be put in a position of making a nomination for
Mayor Pro Tem for the next year and I'm not comfortable with doing that off the cuff today."
Mayor Brandon Capetillo, seeks City Attorney legal counsel on the modification of Resolution
No. 2145 and the nomination of a Mayor Pro Tem till the following meeting of the Mayor -elect
ceremony is able to be done.
City Attorney Scott Lemond, confirms that Resolution No. 2145 can be amended and following
that motion a second motion for extention of the current Mayor Pro Tem until Council nominates
a new Mayor Pro Tem.
Council Member Laura Alvarado stated, "The first motion will be regarding the process of
selecting Mayor Pro Tem and a vote to skip District 3 has been done, the second motion will be
selecting a Mayor Pro Tem for the time. What if we had a contamination, a fire, if we had all these
things happen while we're still in the holiday season, there should not be a gap."
Mayor Brandon Capetillo, stated, "Only reason I asked that was because a majority of folks up
here said they'd like to have a discussion with the new Mayor and I was trying to give him that
City Council Special
Meeting Minutes
December 23, 2024
Page 13 of 16
opportunity, but not at his first meeting. That was the only reason I asked that question. Let's get
through the resolution and then we can tackle the next item."
Mayor Pro Tem Sarah Graham, stated, "This is related to this item, because it's going to determine
how I'm going to vote and I need to have this discussion. Since we've already as a Council voted
to skip District 3. I originally said that I wasn't going to serve as Mayor Pro Tem past December
31", in hopes that we would move forward with Kenrick Griffith. I will say our City Attorney has
told me, if I do not continue serving and without a Mayor Pro Tem in place, it could put our City
in a precarious position. I just want to say, unless someone makes a motion, I will continue based
off of the vote at the previous meeting, until January 23d. So that we don't have to continue making
more votes and to move forward. I just wanted to make sure that Council was aware I am here and
I'm in town. I was just hoping to move forward with our rotation until we were able to get into
deeper discussions, but that did not take place due to the vote. I will step up and continue under
the previous vote that happened. So that'll be through the January 23'd meeting."
Mayor Brandon Capetillo, commented, "I'm not sure that's going to be the January 23'd, meeting
but I do appreciate your comments. We're in a new territory now and there's no going back. Where
we're at is there's a resolution that's being developed to amend Resolution No. 2145 for a Mayor
Pro Tem to hold a 1-year term and that will take place following the seating of either new Council
Members, every December or January. You had your opportunity to express that feeling and I
understand why you did it, but I think we're in new territory on a resolution and I think we're going
to appoint a Mayor Pro Tem today."
Mayor Pro Tem Sarah Graham, stated, "I actually think legally I'm still Mayor Pro Tem and we
only took a vote on a motion for Ken and we voted nay on that. I don't think that we, unless
someone makes another motion, we're in new territory to vote on a new Mayor Pro Tem. We're
voting on a new procedure, I can still remain Mayor Pro Tem through January 23'd."
Council Member James Franco informed the Council there was no final vote regarding the Mayor
Pro Tem, but a discussion is currently taking place.
Council Member Jacob Powell, informed Ms. Graham, if she remained Mayor Pro Tem, then he
would withdraw his motion and wait till January to discuss the item further.
Mayor Pro Tem Sarah Graham agreed to remain Mayor Pro Tem until a nomination for the new
Mayor Pro Tem could be made.
Mayor Brandon Capetillo announced the intention to nominate a Mayor Pro Tem for a one-year
term at a meeting after January 23, 2025 and Mayor Pro Tem Sarah Graham extend to after January
01, 2025, would be ideal for the incoming Mayor.
Council Member Jacob Powell, stated, "If we go back to the motion 1 made in the last meeting, I
wanted to bring this back up for discussion when all 7 of us were here and it was no longer than
60 days. So that puts us into February."
Mayor Brandon Capetillo concern was not putting this as a first item to address as a Mayor's first
meeting.
City Council Special
Meeting Minutes
December 23, 2024
Page 14 of 16
Council Member Mike Lester, stated, "We need to make a motion to suspend this until the first
meeting in February. That would meet the resolution modification in the meeting following the
swearing in."
Council expressed, options of voting and taking action at today's meeting or waiting to further
discuss in a February meeting.
Council Member James Franco, stated, "I think we've all agreed that we're looking for the 1-year
Mayor Pro Tem. I think that's what we need to move forward with, that we agree it needs to go to
a 1-year term for Mayor Pro Tem."
Council Members expressed they had not all come to a vote yet.
Mayor Brandon Capetillo, stated, "We haven't voted. I think we have to do the resolution, but with
that resolution, the understanding that I would say that Ms. Graham serve as Mayor Pro Tem until
a new Mayor Pro Tem is appointed, be it herself, Ken or whoever else. I would suggest it not to
be January 23d. If that was the case, you all could have just waited until January 23'd, but you
chose not to in a sense."
City Attorney Scott Lemond announced, "Mr. Mayor, if I may, I just wanted to remind everyone
at the last meeting you did vote to suspend consideration of the Mayor Pro Tem election for no
more than 60 days. That previous motion has expired. You would have to make another motion."
Mayor Brandon Capetillo, stated, "We don't have to elect tonight, but 1 think we vote on Resolu-
tion No. 2145 with the modifications that have been presented. With that, Ms. Graham serves until
a new Mayor Pro Tem is appointed."
City Manager Jason Reynolds, stated, "I don't want to make this more complicated, but based off
the input, if that motion is still on the table you are saying not have the discussion on January 23`d,
then you probably need to have a little caveat that states the first discussion is in February of 2025.
Currently the meeting following his swearing -in is actually January 23`d, which will be the first
meeting after the swearing -in. So, that will technically be within the ordinance of what the reso-
lution you are voting on is."
Council Member James Franco asked the City Attorney if adding a date of March 2025 in the
resolution could be done.
Council Member Mike Lester, stated, "The details are important. I believe the resolution is that a
floating date, which makes the attorneys nervous. If it's a standard election and they're elected their
first meeting is in December, then the Mayor Pro Tem election would be at the meeting in January.
If it's a runoff election and the first official meeting is in January, then the Mayor Pro Tem election
would be the first meeting in February. It's the meeting following the first meeting when they're
seated because you're right, they could be sworn in a week or two before the meeting, but I think
the resolution is to try to give them one full meeting behind this dais before they have the discus-
sion on Mayor Pro Tem.
City Council Special
Meeting Minutes
December 23, 2024
Page 15 of 16
Council Member Laura Alvarado, stated, "If I may Mayor, it is still up to Mayors to put any item
on the agenda that they wish. We can say hey, we're going to do it in February, but it is still up to
the Mayor if they decide to get this item out the way. It is the Mayor's will."
Mayor Brandon Capetillo, suggested that some type of inclusion be made on Resolution No. 2145,
that after January 23d, the Council revisit this item.
City Attorney Scott Lemond, stated, "In that case Council, I think it would be best to have two
separate motions, because we don't want to change the rule and have Mr. Johnson sworn in. Then
we could have the amended resolution take effect March I", instead of immediately following the
new Mayor Elect swearing in meeting."
Mayor Brandon Capetillo, stated, "I think we vote on the resolution and then you're going to have
to make a decision on a Mayor Pro Tem. Without having to mention anything, Ms. Graham will
serve into that compact until that action is taken. I just think we'd say first meeting in February as
far as when you discuss it. Doesn't mean you'll have to select something that night, but you do
have to discuss it and take action."
A motion was made by Council Member Jacob Powell and seconded by Council Member Laura
Alvarado to amend Resolution No. 2145, to update rules and procedure on how we elected Mayor
Pro Tem. Beginning February 1", 2025, Council will elect a Mayor Pro Tem for a 1-year term
following elections. However, there was discussion prior to the vote.
Council Member Kenrick Griffith, commented, "Your statements on my skill set is well received
and wish you well on the next chapter of your life."
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member James Franco, Council Member Jacob Powell and Council
Member Mike Lester
Nays: Mayor Pro Tem Sarah Graham and Council Member Kenrick Griffith
Approved
RESOLUTION NO.2962
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY -
TOWN, TEXAS, REPEALING AND REPLACING RESOLUTION NO.
2145 FOR THE PURPOSE OF AMENDING THE PROCEDURAL
GUIDELINES FOR THE SELECTION OF THE MAYOR PRO TEM
CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Mayor Brandon Capetillo, stated, "Mrs. Graham will serve as Mayor Pro Tem until there's a new
appointment or new selection of election. The resolution will take place on February I". Like I
said, this is always a difficult decision to make when you have to pick one person amongst your
City Council Special
Meeting Minutes
December 23, 2024
Page 16 of 16
peers. It's why we probably went to the rotation, but it is what it is. I do appreciate everyone getting
through this discussion today. Like I said, 1 don't think it was anything personal in any way. It's
just about what is best for Baytown. With that, I will say Merry Christmas to Baytown, Happy
Holidays and Happy New Year everyone. If you're traveling out of town, safe travels, and God
Bless you."
16. ADJOURN
With there being no further business to discuss, Mayor Brandon Capetillo adjourned the December
23, 2024, City Council Special Meeting at 12:16 P.M.
Angela Jac on, City
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