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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) City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes May 14, 2015 Page 3 of 21 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 City Council Regular Meeting Minutes 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; City Council Regular Meeting Minutes May 14, 2015 Page 5 of 21 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 City Council Regular Meeting Minutes May 14, 2015 Page 6 of 21 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 City Council Regular Meeting Minutes May 14, 2015 Page 7 of 21 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 City Council Regular Meeting Minutes May 14, 2015 Page 8 of 21 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. City Council Regular Meeting Minutes May 14, 2015 Page 9 of 21 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: City Council Regular Meeting Minutes May 14, 2015 Page 10 of 21 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 City Council Regular Meeting Minutes May 14, 2015 Page 11 of 21 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, City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes May 14, 2015 Page 13 of 21 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 City Council Regular Meeting Minutes 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