2015 05 14 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF BAYTOWN
May 14, 2015
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, May
14, 2015, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Brandon Capetillo
Robert Hoskins
David McCartney
Chris Presley
Mercedes Renteria
Terry Sain
Stephen H. DonCarlos
Ron Bottoms
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
Acting City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the May 14, 2015, City Council Regular Meeting with a quorum
present at 6:30 P.M., all members were present with the exception of Council Member Renteria
who arrived at 6:44 P.M.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member McCartney.
1. MINUTES
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on April 09, 2015.
A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving the April 09, 2015, City Council Work Session and Regular Meeting minutes.
The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Mayor Pro Tem Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Not Present for Vote)
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May 14, 2015
Page 2 of 21
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
Mayor DonCarlos stated that agenda items 2.a. and 2.b. would be considered together.
a. Consider a resolution accepting an ExxonMobil donation for the Eddie V. Gray
Wetlands Education and Recreation Center's Wetlands Ecology Program and the Baytown
Nature Center's Environmental Education Program.
b. Consider a resolution accepting a donation from Exxon Mobil Corporation in
support of the Children, Literacy, Reading and Cultural Enrichment Programs of Sterling
Municipal Library.
Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that
Resolution No. 2352 accepts a $60,000 contribution from ExxonMobil supporting the Baytown
Nature Center's Environmental Education Program and the Eddie V. Gray Wetlands Education
and Recreation Center's Wetlands Ecology Program. He stated that each program will receive
$30,000 and that the Baytown Nature Center's Environmental Education Program covers the
annual cost to fund the BNC Naturalist, the BNC Assistant Naturalist, Tyke Hike, and
educational supplies. He stated that the donation to the Eddie V. Gray Wetlands Education
Center's Wetlands Ecology Program covers the annual costs to fund the 5th Grade Program,
including personnel costs and educational supplies. He stated that the fund also is used to update
and upgrade the exhibits in the Bob Craig Exhibit Hall's "Wetlands Ecology Trail." He further
stated that ExxonMobil, over the past 16 years, has contributed over $1 million to support the
City's Environmental efforts. Additionally, he stated that they donated $15,500 in support of the
Children, Literacy, Reading and Cultural Enrichment Programs of Sterling Municipal Library.
Mr. Rob Tully, Chemical Plant Manager of ExxonMobil, presented to the City of Baytown the
donations for the programs and thanked all of those involved for teaming together and making
the programs a success.
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
Robert C.'Hoskins approving Resolution No. 2352. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Mayor Pro Tern Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Not Present for Vote)
Approved
RESOLUTION NO. 2352
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May 14, 2015
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A CONTRIBUTION FROM EXXON MOBIL
CORPORATION IN THE AMOUNT OF SIXTY THOUSAND AND NO 1100
DOLLARS ($60,000.00) SUPPORTING THE BAYTOWN NATURE
CENTER'S ENVIRONMENTAL EDUCATION PROGRAMS AND THE
EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION
CENTER'S WETLANDS ECOLOGY PROGRAM; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 2353
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING A DONATION IN THE AMOUNT OF FIFTEEN
THOUSAND FIVE HUNDRED AND NO 1100 DOLLARS ($15,500.00) FROM
EXXON MOBIL CORPORATION IN SUPPORT OF THE CHILDREN,
LITERACY, READING AND CULTURAL ENRICHMENT PROGRAMS OF
STERLING MUNICIPAL LIBRARY; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Present recognition to the 2015 scholarship recipients of the Baytown Professional
Firefighter's Benevolence Fund Inc.
Mr. Mark Medrano presented recognition to the 2015 scholarship recipients of the Baytown
Professional Firefighter's Benevolence Fund Inc.: Salley Lopez, Gabriela Heredia, Peter Hyland,
Valerie Mireles, Jose Rodriguez, April Garza, Kutter Soza, Shelby Lowell, Lance Angelle, and
Mikaela Naumann.
d. Present a Proclamation designating May 17 -23, 2015, as National Public Works
Week.
Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented
to Nick Woolery and some of the public works staff a proclamation designating May 17 -23,
2015, as National Public Works Week.
Mr. Woolery stated that on Thursday, May 21, 2015, the public works department will put on a
public works rodeo which will highlight the skills of the workers and he extended an invitation
for those who could attend.
e. Present a proclamation designating May 17 -23, 2015, as Emergency Medical
Services Week.
Public Affairs Coordinator, Patti Jett presented the agenda item and Mayor DonCarlos presented
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May 14, 2015
Page 4 of 21
to Erik Skow, Jared Snell, and Mike Lowery a proclamation designating May 17 -23, 2015, as
Emergency Medical Services Week.
3. PROPOSED ORDINANCES
a. Consider an ordinance authorizing the issuance of the City of Baytown's General
Obligation and Refunding Bonds, Series 2015, and setting certain parameters for the sale
of the bonds.
b. Consider an ordinance authorizing the issuance of the City of Baytown's
Combination Tax and Revenue Certificates of Obligation, Series 2015, and setting certain
parameters for the sale of the certificates.
Finance Director, Louise Richman presented the agenda item and stated that she would present
both agenda items 3.a. and 3.b together. She stated that both items were reviewed by the Finance
Committee at its February meeting. She stated that this is the final issuance of the 2007 GO Bond
Election. She further stated that the proceeds from these bonds will pay for streets, public safety,
the 911 Center, land for the police building, public works fueling station, park land, community
center improvements, and other road improvements. She stated that the interest rates for these
bonds would be at approximately 3.5 %. She stated that included in this are the refunding's for
bond series 2005 and 2007 that includes a net savings of right at $863,000. She stated that the
pricing for these bonds is scheduled for June 9th and the closing is scheduled for July 7th.
A motion was made by Council Member David McCartney and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 12,851 and Ordinance No. 12,852. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tern Chris Presley
Nays: None
Approved
ORDINANCE NO. 12,851
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS
GENERAL OBLIGATION AND REFUNDING BONDS, SERIES 2015;
LEVYING A TAX IN PAYMENT THEREOF; AUTHORIZING THE
ISSUANCE OF THE BONDS IN ACCORDANCE WITH SPECIFIED
PARAMETERS; AUTHORIZING THE REDEMPTION PRIOR TO
MATURITY OF CERTAIN OUTSTANDING BONDS; APPROVING THE
PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEMENT;
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May 14, 2015
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AND ENACTING OTHER PROVISIONS RELATING THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 12,852
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION,
SERIES 2015; LEVYING A TAX IN PAYMENT THEREOF; SETTING
CERTAIN PARAMETERS FOR THE SALE OF THE CERTIFICATES;
APPROVING THE PREPARATION AND DISTRIBUTION OF AN OFFICIAL
STATEMENT; ENACTING OTHER PROVISIONS RELATING THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance awarding a construction contract for the Texas Ave
Streetscape Phase 2 Project.
Director of Engineering, Jose Pastrana presented the agenda item and stated that Ordinance No.
12,853 awards a construction contract to Jerdon Enterprise, Inc., for the Texas Ave. Streetscape
Phase 2 Project. He stated that this project will be a complete reconstruction of one block of
Texas Avenue from the comer of Gaillard St. to the intersection of Ashbel Street. He stated that
the work on the street section of this project includes all new utilities, landscaping, pavement,
widened sidewalks, street lamps and benches, and decorative pave -stone sections. Mr. Pastrana
stated that the bids for this project were opened on May 12, 2015, at 2:00 P.M., with two (2) bids
being received and resulting in Jerdon Enterprise, Inc., being the lowest bidder. He stated that
there was a base bid and three (3) alternates with staffs recommendation to approve the base bid
of $1,160,160.60 and alternate #3 of ($57,926).
Mayor DonCarlos inquired as to when the project could start and how long it would last. Mr.
Pastrana stated that the project is expected to be completed by October 15th, and that the
construction can start within 10 days from notice to proceed.
A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member David
McCartney approving Ordinance No. 12,853. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tern Chris Presley
Nays: None
Approved
ORDINANCE NO. 12,853
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May 14, 2015
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER
AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH
JERDON ENTERPRISE, INC., FOR THE TEXAS AVENUE STREETSCAPE
PHASE 2 PROJECT IN AN AMOUNT NOT TO EXCEED ONE MILLION
TWO HUNDRED EIGHTEEN THOUSAND EIGHTY -SIX AND
60/100 DOLLARS ($1,218,086.60); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Consider an ordinance authorizing a Professional Services Agreement with HIT
Professionals, Inc., for the CDBG Non - Housing Central District Waste Water Treatment
Plant- Flood Improvements Project.
Mr. Pastrana presented the agenda item and stated that Ordinance No. 12,854 authorizes a
Professional Service Agreement with KIT Professionals, Inc., for the CDBG Non - Housing
Central District Waste Water Treatment Plant - Flood Improvements Project for an amount not to
exceed $494,068.10. He stated that the final design was completed in December of 2014 and
subsequently bid in February 2015 by another consultant. He stated that the received bids were
higher than the City's established construction budget and the consultant's estimate, therefore the
City provided written notification to the original engineering consultant terminating its services
contract on April 13, 2015. Mr. Pastrana stated that Kit Professionals will complete the work
from where the previous engineering firm left, conduct a value engineering analysis, make any
necessary design revisions to identify and achieve cost saving opportunities, and provide bidding
and construction phase services.
Mayor DonCarlos inquired as to the name of the firm that was eliminated. In response to Mayor
DonCarlos's inquiry, Mr. Pastrana stated that the eliminated firm was Arcadis formerly known as
Malcolm Pirnie.
A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes
Renteria III approving Ordinance No. 12,854. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tern Chris Presley
Nays: None
Approved
ORDINANCE NO. 12,854
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May 14, 2015
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A PROFESSIONAL
SERVICES AGREEMENT WITH KIT PROFESSIONALS, INC., FOR
ENGINEERING SERVICES ASSOCIATED WITH THE CDBG NON -
HOUSING CENTRAL DISTRICT WASTE WATER TREATMENT PLANT -
FLOOD IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED
NINETY -FOUR THOUSAND SIXTY -EIGHT AND 10 /100 DOLLARS
($494,068.10); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing a Joint Recreational Facilities Agreement with
Goose Creek Consolidated Independent School District for Bowie School Park.
Mr. Scott Johnson presented the agenda item and stated that Ordinance No. 12,855 authorizes a
Joint Recreational Facilities Agreement with Goose Creek Consolidated Independent School
District (the 'District ") for Bowie School Park. He stated that the contemplated enhancements
include the development of an inclusive playground for the benefit of school -aged special needs
children. He further stated that the City will design, purchase, construct, and maintain the
inclusive playground, which will be available to children attending James Bowie Elementary
during school hours and the general public during non - school hours. He stated that the District
will contribute $50,000 for the improvements and the City will contribute $25,000. Additionally,
he stated that the school board approved the agreement at its Board meeting on April 27, 2015.
Dr. Tom Kelchner, Director of Special Education, thanked all of those involved in teaming
together and making the project a success.
A motion was made by Council Member Brandon Capetillo and seconded by Council Member
David McCartney approving Ordinance No. 12,855. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tern Chris Presley
Nays: None
Approved
ORDINANCE NO. 12,855
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE JOINT RECREATIONAL FACILITIES
AGREEMENT FOR BOWIE SCHOOL PARK WITH THE GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
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EXCEED TWENTY -FIVE THOUSAND AND NO /100 DOLLARS
($25,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
4. PROPOSED RESOLUTIONS
a. Consider a resolution authorizing the City to apply to the FY2015 Port Security
Grant Program on behalf of the City of Baytown's Police and Fire Departments.
Chief Shon Blake presented the agenda item and stated that Resolution No. 2354 authorizes the
City to apply for a FEMA grant to purchase of a prime mover (truck) in the amount of
$64,999.94 to transport BPD's Type II USRT/DIVE Team trailer and funds to support advanced
Marine Firefighting Training for BFD in the amount of $63,743.52.
A motion was made by Council Member David McCartney and seconded by Council Member
Mercedes Renteria III approving Resolution No. 2354. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tern Chris Presley
Nays: None
Approved
RESOLUTION NO. 2354
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ACTING CITY MANAGER TO MAKE
APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT
AGENCY FOR THE U.S. DEPARTMENT OF HOMELAND SECURITY'S
FY2015 PORT SECURITY GRANT PROGRAM ON BEHALF OF THE
BAYTOWN FIRE AND POLICE DEPARTMENTS IN THE AMOUNT OF
NINETY -SIX THOUSAND FIVE HUNDRED SEVENTY -SEVEN AND 60/100
DOLLARS ($96,577.60); AUTHORIZING A CASH MATCH IN AN AMOUNT
NOT TO EXCEED THIRTY -TWO THOUSAND ONE HUNDRED EIGHTY -
FIVE AND 87/100 DOLLARS ($32,185.87); AUTHORIZING THE
REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT
MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
b. Consider a resolution authorizing the City to submit a grant application to the
Texas Department of State Health Services for the FY2016 EMS Local Projects Grants
Program (EMS LPGP) on behalf of the Fire Department.
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May 14, 2015
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Chief Blake stated that Resolution No. 2355 authorizes the City to apply for funding assistance
to purchase two cardiac monitors in the amount of $70,000, in which they were successful at
receiving a matching through another grant for as well.
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Robert C. Hoskins approving Resolution No. 2355. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tem Chris Presley
Nays: None
Approved
RESOLUTION NO. 2355
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ACTING CITY MANAGER OF THE CITY OF
BAYTOWN TO MAKE APPLICATION TO THE TEXAS DEPARTMENT OF
STATE HEALTH SERVICES FOR THE FY2016 EMS LOCAL PROJECTS
GRANT PROGRAM IN THE AMOUNT OF TWELVE THOUSAND FIVE
HUNDRED AND NO 1100 DOLLARS ($12,500.00); AUTHORIZING A CASH
MATCH IN AN AMOUNT NOT TO EXCEED FIFTY -SEVEN THOUSAND
FIVE HUNDRED AND NO 1100 DOLLARS ($57,500.00); DESIGNATING AN
AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND
MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider a resolution granting the petition of the Port of Houston Authority for the
annexation of 18.75 acres of land located in Old Cedar Bayou, approximately 2.3 miles
upstream of I -10 and terminating approximately 1.5 miles upstream of Farm to Market
Road 1942 in Harris County, Texas.
Director of Planning and Development Services, Tiffany Foster stated that this petition was
submitted by the Port of Houston Authority for the annexation of 18.75 acres of land located in
Old Cedar Bayou, approximately 2.3 miles upstream of I -10 which is part of the City's plan to
protect our ETJ to the north.
Mayor DonCarlos stated for record purposes that he did not participate in the discussion or
vote of the Port of Houston and therefore abstained from this vote as he's a commissioner for the
Port of Houston.
A motion was made by Council Member Mercedes Renteria III and seconded by Council
Member Terry Sain approving Resolution No. 2356. The vote was as follows:
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May 14, 2015
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Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tem Chris Presley
Nays: None
Approved ,
RESOLUTION NO. 2356
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING THE PETITION OF THE PORT OF HOUSTON
AUTHORITY FOR THE ANNEXATION OF 18.75 ACRES OF LAND
LOCATED IN OLD CEDAR BAYOU, APPROXIMATELY 2.3 MILES
UPSTREAM OF INTERSTATE HIGHWAY 10 AND TERMINATING
APPROXIMATELY 1.5 MILES UPSTREAM OF FARM TO MARKET ROAD
1942 IN HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION
OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Consider a resolution granting the petitions of the City of Baytown and Efrain
Garcia for the annexation of approximately 67.27 acres of land located approximately 1200
feet east of N. Main St. on the south side of E. Wallisville Rd., consisting of Lot 1, Block 1,
City of Baytown 911 Communications Center Minor Plat and approximately 17.21 acres
being the residual of Tract 8A in the George Ellis Survey, Abstract 21, Harris County,
Texas.
Mrs. Foster stated that this is a voluntary annexation petition for the City's future 911 Center, as
well as, an adjacent lot just to the east of the 911 Center. She stated that staff will prepare a
service plan for the area to be annexed.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Mercedes Renteria III approving Resolution No. 2357. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tem Chris Presley
Nays: None
Approved
RESOLUTION NO. 2357
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May 14, 2015
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING THE PETITIONS OF THE CITY OF BAYTOWN AND
EFRAIN GARCIA FOR THE ANNEXATION OF APPROXIMATELY 67.27
ACRES OF LAND LOCATED APPROXIMATELY 1200 FEET EAST OF N.
MAIN ST. ON THE SOUTH RIGHT -OF -WAY OF E. WALLISVILLE RD.,
CONSISTING OF LOT 1, BLOCK 1, CITY OF BAYTOWN 911
COMMUNICATIONS CENTER MINOR PLAT AND APPROXIMATELY
17.21 ACRES BEING THE RESIDUE OF TRACT 8A IN THE GEORGE ELLIS
SURVEY, ABSTRACT 21, HARRIS COUNTY, TEXAS; AUTHORIZING THE
PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
5.
a. Present and discuss the 2015 Citizen Survey Results.
Assistant to the City Manager, Nick Woolery presented the agenda item and stated that Chris
Tatham, Executive Vice President at ETC Institute, would provide the 2015 Citizen Survey
results.
Mr. Tatham stated that they used the same communication method for the 2014 survey in which
they mailed to random households in the City with the option of participating in the survey by
mail or by phone. He stated that the survey takes about 15 - 20 minutes or more to complete and
that 402 residents completed the survey. He stated that despite some decreases with the biggest
issue being in traffic flow and maintenance, Baytown's overall satisfaction rating remains
significantly higher than other cities and customer service ratings are among the very best in the
nation. He further stated that the City should continue to focus on maintenance and traffic
flow to avoid potentially causing residents to lose their overall high opinion of the City. He
stated that the areas with the highest levels of satisfaction included the following: residential
trash collection services (89 %); curbside recycling services (87 %); overall helpfulness of library
staff (86 %); police, fire, & ambulance services (86 %); overall quality of available library
materials (84 %); City employees were courteous and polite (84 %); and how quickly fire
personnel respond to emergencies (84 %). He further stated that the areas with the lowest
satisfaction ratings included the following: availability of bicycle lanes (22 %); flow of
traffic /congestion management in Baytown (24 %); redevelopment of abandoned/under - utilized
properties (27 %); level of public involvement in the budget process (29 %); availability of
sidewalks (31 %); feeling of safety in City parks (32 %); amount paid for the City's water (33 %);
ease of north/south travel in Baytown (33 %); and level of public involvement in decision making
(34 %).
During further discussion, Mr. Tatham stated that the areas that increased the most included:
redevelopment of downtown Baytown, redevelopment of abandoned/under- utilized properties,
and the number of walking and biking trails. He stated that the areas that decreased the most
included: flow of traffic /congestion management, city employees giving
prompt/accurate /complete answers to questions, maintenance of sidewalks in Baytown,
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May 14, 2015
Page 12 of 21
cleanliness of streets and other public areas, and city employees resolving issues to the
customer's satisfaction.
Council Member McCartney inquired if because of such dissatisfaction of traffic flow could
have bled over into maintenance. In response to Council Member McCartney's inquiry, Mr.
Tatham stated that in the report it shows more details of the elements that fall under the public
works streets section of the maintenance category.
b. Discussion concerning the old San Jacinto Hospital.
Mayor DonCarlos requested to move agenda item 5.b. to the executive session pursuant to
Section 551.071 and Section 551.088 of the Texas Government Code to be considered once into
the executive session.
A motion was made by Council Member Terry Sain and seconded by Council Member Robert C.
Hoskins approving to move agenda item 5.b. to the executive session. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tern Chris Presley
Nays: None
Approved
C. Discussion concerning the use of police body cameras.
Chief Keith Dougherty presented the agenda item and stated that since the year of 2014, the
police department began field testing various types of body cameras from various companies. He
stated that during the testing phase the following were taking into consideration: the battery life
of the unit, the ease of use for the officer, the video and audio quality, the storage capacity, and
the management of the stored video. He stated that they are looking to incorporating the storage
with their current video storage system (Coban - an in car video system). He stated the videos are
stored on Coban servers which are by the Baytown Police and ITS departments. He stated
that Coban is currently in the development of a body camera system called Echo in which they
feel may be a viable option and the best fit for the department. He stated that the benefits of
the Coban Echo System are: the officers have a choice between the vest mounted or head
mounted camera system; it has a simple one button recording system; it integrates with the
current Coban system; it has cloud base storage for long term archiving; and it has a replacement
program which has a pro -rated yearly fee where parts can be replaced in 2 - 5 year intervals.
chief Dougherty stated that the projected costs includes approximately $84,240 for 156 devices
($45 monthly or $540 yearly per service device for the camera replacement program), $50,000
for additional server storage, $52,000 for the salary of an Open Records Specialist, and about
$70,000 for a Police ITS Specialist to manage the system.
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Mayor DonCarlos inquired of the timeframe of getting the body cameras. Chief Dougherty stated
that they prefer to move forward with the Coban Echo System which is a few months out from
being completely developed and therefore stated that the first of the year is the projected
timeframe to have the body cameras. Chief Dougherty further stated that he would have
to submit for budget approval and initially begin with getting the patrol units covered as soon as
possible.
Council Member Renteria stated that for the safety of the community, as well as, the officers the
cameras should be an urgent priority and implemented immediately. Additionally, he
recommended that there be an action item on the next agenda in this regard.
Mayor DonCarlos requested that Chief Dougherty start on the policy immediately.
Chief Dougherty stated that the first step to moving forward would be getting the policy in place,
in which they have one to model from and from there have a discussion with administration on
the next step.
Acting City Manager Bottoms stated that staff would bring forth an item in this regard at the next
meeting for council's consideration.
Mrs. Pleshette Williams registered to speak regarding agenda item 5.c. She stated that body
cameras would assist in various ways such as reducing brutality and excessive force by the
police and negative complaints by the citizens. Additionally, she stated that the implementation
of the cameras would show transparency with the Baytown police department and is worth the
costs.
6. CONSENT
Billy Kerr registered to speak in regards to consent agenda items 6.b. and 6.c.
Council Member Hoskins abstained from consent agenda items 6.g. and 6.j.
A motion was made by Mayor Pro Tem. Chris Presley and seconded by Council Member David
McCartney approving consent agenda items 6.a., 6.d., 6.e., 6.f., 6.h., 6.i., and 61. through 6.p.
The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tem Chris Presley
Nays: None
Approved
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May 14, 2015
Page 14 of 21
a. Consider an ordinance authorizing an Industrial District Agreement with TGS
Cedar Port Partners, L.P.
ORDINANCE NO. 12,856
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH TGS CEDAR PORT PARTNERS, L.P.; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing the Second Amendment to the Agreement for
Funding of Public Improvements with Exxon Mobil Corporation for roadway
improvements along the Spur 330 frontage road.
ORDINANCE NO. 12,857
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO THE SECOND AMENDMENT TO THE
AGREEMENT FOR FUNDING OF PUBLIC IMPROVEMENTS WITH
EXXON MOBIL CORPORATION FOR ROADWAY IMPROVEMENTS
ALONG SPUR 330 FRONTAGE ROAD; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
e. Consider an ordinance authorizing compensation for the acquisition of a utility
easement from William O. Wallace, Jr., for the Ameriport FM 565 Utility Project.
ORDINANCE NO. 12,858
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING COMPENSATION AND THE ACCEPTANCE OF A
UTILITY EASEMENT FROM WILLIAM O. WALLACE, JR., FOR THE
AMERIPORT FM 565 UTILITY PROJECT; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
L Consider an ordinance accepting certain streets, alleys and easements within the
Bay Oaks Harbor Subdivision.
ORDINANCE NO. 12,859
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING CERTAIN STREETS, ALLEYS AND EASEMENTS
City Council Regular Meeting Minutes
May 14, 2015
Page 15 of 21
WITHIN THE BAY OAKS HARBOR SUBDIVISION; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
h. Consider an ordinance authorizing the First Amendment to the Professional
Services Agreement with HDR Engineering, Inc., for the Garth Road Lift Station Project.
ORDINANCE NO. 12,860
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE FIRST
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
HDR ENGINEERING, INC., FOR ENGINEERING SERVICES ASSOCIATED
WITH THE GARTH ROAD LIFT STATION PROJECT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED FIFTY -THREE THOUSAND FOUR HUNDRED
AND NO /100 DOLLARS ($153,400.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
i. Consider an ordinance authorizing a Cost -Share Agreement with Aldi (Texas) LLC,
for the installation of a four -way traffic signal at the intersection of South Road and Garth
Road.
ORDINANCE NO. 12,861
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE
AND THE CITY CLERK TO ATTEST TO A COST -SHARE AGREEMENT
WITH ALDI (TEXAS) LLC, FOR THE INSTALLATION OF A FOUR -WAY
TRAFFIC SIGNAL AT THE INTERSECTION OF SOUTH ROAD AND
GARTH ROAD; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
It. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV
"Specific Street Regulations," Section 94 -121 "Schedules enumerated" of the Code of
Ordinances, Baytown,Texas, to authorize the installation of two stop signs at E. Fayle
Avenue and N. 5th Street.
ORDINANCE NO. 12,862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE
IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES
ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD
INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF
City Council Regular Meeting Minutes
May 14, 2015
Page 16 of 21
BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF TWO
STOP SIGNS ON E. FAYLE AVENUE AT ITS INTERSECTION WITH N.
5TH STREET; AUTHORIZING THE POSTING OF PROPER SIGNS;
REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
1. Consider an ordinance amending Chapter 94 "Traffic and Vehicles," Article IV
"Specific Street Regulations," Section 94 -121 "Schedules enumerated" of the Code of
Ordinances, Baytown,Texas, to authorize the installation of seventeen (17) stop signs in
Whispering Pines Subdivision.
ORDINANCE NO. 12,863
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHICLES," ARTICLE
IV "SPECIFIC STREET REGULATIONS," SECTION 94 -121 "SCHEDULES
ENUMERATED," SCHEDULE VIII "DESIGNATION — STOP AND YIELD
INTERSECTIONS" OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF
SEVENTEEN STOP SIGNS IN THE WHISPERING PINES SUBDIVISION;
AUTHORIZING THE POSTING OF PROPER SIGNS; REPEALING
CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100
DOLLARS ($200.00) FOR EACH VIOLATION THEREOF; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
m. Consider an ordinance authorizing the Second Amendment to the Professional
Services Agreement with Kimley -Horn and Associates, Inc., for the San Jacinto Boulevard
Project.
ORDINANCE NO. 12,864
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY HORN AND
ASSOCIATES, INC., FOR THE SAN JACINTO BOULEVARD PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED EIGHT HUNDRED FORTY THOUSAND THREE
HUNDRED FIFTY AND NO /100 DOLLARS ($840,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
May 14, 2015
Page 17 of 21
n. Consider an ordinance authorizing the sole source purchase of Neptune water
meters, parts and supplies for meter maintenance from HD Supply Waterworks, Ltd.
ORDINANCE NO. 12,865
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF THREE
HUNDRED THOUSAND AND N01100 DOLLARS ($300,000.00) TO HD
SUPPLY WATERWORKS, LTD., FOR THE PURCHASE OF NEPTUNE
WATER METERS, PARTS AND SUPPLIES FOR METER MAINTENANCE;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
o. Consider an ordinance authorizing the annual renewal of Versaterm software.
Council Member Capetillo stated that being that the 911 Center is being built he recommend that
the best software be selected for all parties that will be utilizing the system.
Council Member McCartney inquired if this software is compatible with the proposed software
for the body camera system. Communications Coordinator, Raymond Pheris stated that in terms
of being compatible it's not something that they could automatically send information CAD to
CAD with the other vendors and as far as he knows, Baytown is the only entity in this area that
uses this particular vendor. He stated that there is currently discussion amongst the EMS, Fire,
Police, and Communications whether or not to continue with this vendor.
ORDINANCE NO. 12,866
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FORTY -
FOUR THOUSAND FORTY -SEVEN AND 10 /100 DOLLARS ($144,047.00)
TO VERSATERM, INC., FOR ANNUAL SUPPORT AND SOFTWARE
MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
P. Consider a resolution denying the Distribution Cost Recovery Factor Rate increase
proposed by CenterPoint Energy Houston Electric, LLC, and authorizing participation in
the related rate proceedings through the Texas Coast Utilities Coalition.
RESOLUTION NO. 2358
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DENYING THE DISTRIBUTION COST RECOVERY FACTOR
RATE INCREASE OF CENTERPOINT ENERGY HOUSTON ELECTRIC,
LLC, MADE ON OR ABOUT APRIL 6, 2015; AUTHORIZING
PARTICIPATION IN A COALITION OF SIMILARLY SITUATED CITIES;
AUTHORIZING PARTICIPATION IN RELATED RATE PROCEEDINGS;
City Council Regular Meeting Minutes
May 14, 2015
Page 18 of 21
REQUIRING THE REIMBURSEMENT OF MUNICIPAL RATE CASE
EXPENSES; AUTHORIZING THE RETENTION OF SPECIAL COUNSEL;
MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT; AND DECLARING AN EFFECTIVE DATE.
g. Consider an ordinance authorizing the closeout and acceptance of the Baker Road
Extension Project.
j. Consider an ordinance granting a pipeline permit to HSC Pipeline Partnership,
LLC.
A motion was made by Council Member Terry Sain and seconded by Council Member Mercedes
Renteria III approving consent agenda item 6.g. and 6.j. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member David McCartney, Council Member Mercedes Renteria III,
Council Member Terry Sain, Mayor Pro Tent Chris Presley
Nays: None
Other: Council Member Robert C. Hoskins (Abstain)
Approved
ORDINANCE NO. 12,867
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BAKER ROAD EXTENSION PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED TWO
THOUSAND EIGHT HUNDRED SEVENTY -ONE AND 48/100 DOLLARS
($102,871.48) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 12,868
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING A PIPELINE PERMIT TO HSC PIPELINE
PARTNERSHIP, LLC, TO INSTALL ONE NEW TWENTY -FOUR INCH (24 ")
PIPELINE IN AN EXISTING PIPELINE COORIDOR; ESTABLISHING THE
AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE
DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
May 14, 2015
Page 19 of 21
6.b. Consider an ordinance authorizing a Chapter 380 Economic Development
Agreement with Texas Capital Development Corporation, Inc., for a municipal golf course
project.
6.c. Consider an ordinance authorizing a Chapter 380 Economic Development
Agreement with Hazelwood Enterprises, Incorporated, for a municipal golf course project.
Mr. Billy Kerr stated that Baytown doesn't need more expenditure to overhaul another golf
course.
A motion was made by Council Member David McCartney and seconded by Mayor Pro Tem
Chris Presley approving consent agenda items 6.b. and 6.c. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Mercedes Renteria III, Council Member Terry Sain, Mayor Pro
Tent Chris Presley
Nays: None
Approved
ORDINANCE NO. 12,869
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CHAPTER 380
ECONOMIC DEVELOPMENT AGREEMENT WITH TEXAS CAPITAL
DEVELOPMENT CORPORATION, INC.; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 12,870
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CHAPTER 380
ECONOMIC DEVELOPMENT AGREEMENT WITH HAZELWOOD
ENTERPRISES, INCORPORATED; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN AS AUTHORIZED IN SAID AGREEMENT; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
7. EXECUTIVE SESSION
City Council Regular Meeting Minutes
May 14, 2015
Page 20 of 21
a. Recess into and conduct an executive session pursuant to Texas Government Code
Section 551.071 to seek the advice of the city attorney on legal matters concerning the old
San Jacinto Hospital and Section 551.074 to deliberate the appointment of a City Manager.
At 8:20 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant
to Section 551.074 of the Texas Government Code to deliberate the appointment of a City
Manager.
At 9:19 P.M., Mayor DonCarlos reconvened the Open Meeting of the City Council Regular
Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings
Act, no action was taken in the Executive Session.
8. MOTIONS
Mayor DonCarlos stated that agenda items 8.a. and 8.b. would be considered together.
a. Consider the appointment of the City Manager.
b. Consider an ordinance authorizing the Agreement for Professional Services and
Employment as City Manager.
A motion was made by Council Member David McCartney and seconded by Council Member
Brandon Capetillo appointment of Rick Davis as City Manager, authorize agreement for
Professional Services and Employment as City Manager, and authorizing the Mayor to negotiate
and execute minor changes to the agreement if necessary. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Council
Member Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Mayor Pro Tem Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (not present for vote)
Approved
ORDINANCE NO. 12,871
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AGREEMENT FOR PROFESSIONAL
SERVICES AND EMPLOYMENT AS CITY MANAGER WITH RICK DAVIS;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
9. MANAGER'S REPORT
City Council Regular Meeting Minutes
May 14, 2015
Page 21 of 21
a. The Annual Memorial Day Service will be held at the Veterans Memorial Plaza at
Bicentennial Park on Monday, May 25, 2015, at 11:00 A.M.
Acting City Manager Bottoms presented the agenda item and stated that the Annual Memorial
Day Service will be held at the Veterans Memorial Plaza at Bicentennial Park on Monday, May
25, 2015, at 11:00 A.M. He stated that the police officer memorial at the Methodist Church on
Main Street.
b. Calypso Cove, located at N.C. Foote Park, will open for the Memorial Day weekend
on Saturday, May 23, 2015, at 11:00 A.M.
Acting City Manager Bottoms stated that the Calypso Cove, at N.C. Foote Park, will open on
weekends starting Saturday, May 23, 2015.
10. ADJOURN
With there being no further business to discuss, Mayor DonCarlos adjourned the May 14,
2015, City Council Regular Meeting at 9:21 P.M.
Leticia Brysch, City
City of Baytown