2016 08 04 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
August 04, 2016
The City Council of the City of Baytown, Texas, met in a Special Meeting on Thursday, August
04, 2016, at 5:44 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Brandon Capetillo
Council Member
Robert Hoskins
Council Member
David McCartney
Council Member
Chris Presley
Council Member
Terry Sain
Council Member
Stephen H. DonCarlos Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor DonCarlos convened the August 04, 2016, City Council Special Meeting with a quorum
present at 5:44 P.M., all members were present with the exception of Council Member Renteria
who was absent.
1. PUBLIC HEARINGS
a. Conduct the first public hearing concerning the involuntary annexation of
approximately 230.36 acres, situated in the J.W. Singleton Survey, Abstract No. 709, D.
McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No. 69 for multiple
parcels and right -of -way, located approximately 130 feet east of N. Main Street, including
Blue Heron Parkway right -of -way to Sjolander Road and portions of Barkuloo Road right -
of -way, Harris County, Texas.
At 5:45 P.M., Mayor DonCarlos opened and conducted the first public hearing concerning
the involuntary annexation of approximately 230.36 acres, situated in the J.W. Singleton Survey,
Abstract No. 709, D. McFadden Survey, Abstract No. 591 and C. Smith Survey, Abstract No.
69 for multiple parcels and right -of -way, located approximately 130 feet east of N. Main Street,
including Blue Heron Parkway right -of -way to Sjolander Road and portions of Barkuloo Road
right -of -way, Harris County, Texas.
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August 04, 2016
Page 2 of 9
Planning and Community Development Director, Tiffany Foster presented the summary of this
agenda item and stated that during a prior discussion, Council consented to moving forward with
this involuntary annexation whereas they directed staff to do a service plan for the area. She
stated that the staff had the area surveyed and also notified the property owners on two (2)
separate mailings. She stated that there were two (2) property owners interested in signing
development agreements with the City. She noted that they want to take in the Blue Heron right -
of -way, all of the area that fronts Blue Heron, and the City's right -of -way.
Mr. Gerald Teel registered to speak regarding agenda item La. and stated that he's for the
annexation, as well as, submitted a development agreement with the City for an apartment
development.
Council Member McCartney inquired if there were voided spaces within this proposed
annexation area. Mrs. Foster stated that the area that fronts Blue Heron Parkway is inclusive to
the annexation, but also stated that there's a populated area nearby that will need to be annexed in
the future that currently needs more work done before starting the annexation.
With there being no one registered to speak regarding agenda item La., Mayor DonCarlos closed
the first public hearing at 5:48 P.M.
2. PROPOSED RESOLUTIONS
a. Consider a resolution authorizing the City to apply to Flint Hills Resources and
Koch Pipeline Company for a Helping Heroes 2016 Grant on behalf of the City of
Baytown's Police Department.
Police Chief Keith Dougherty presented the agenda item and stated that Resolution No.
2435 authorizes the City to apply to Flint Hills Resources and Koch Pipeline Company for a
Helping Heroes 2016 Grant on behalf of the City of Baytown's Police Department to purchase
protection equipment, as well as, equipment for the officers.
A motion was made by Council Member Terry Sain and seconded by Mayor Pro Tern Robert C.
Hoskins approving Resolution No. 2435. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
City Council Special Meeting Minutes
August 04, 2016
Page 3 of 9
RESOLUTION NO. 2435
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO SUBMIT AN APPLICATION FOR A HELPING HEROES
2016 GRANT TO FLINT HILLS RESOURCES AND KOCH PIPELINE
COMPANY ON BEHALF OF THE CITY OF BAYTOWN'S POLICE
DEPARTMENT; DESIGNATING AN AUTHORIZED REPRESENTATIVE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
3. DISCUSSIONS
a. Discuss the City of Baytown 2016 -17 Fiscal Year Proposed Budget.
City Manager Davis presented the agenda item and stated that the FY2016 -17 budget includes
the implementation of the Council's goal while avoiding tax increases, as well as, water and
sewer fee increases. He stated that this budget will implement a facility maintenance program,
continue aggressive maintenance of public spaces, continue waterfront cleanup and
improvements, continue ongoing bridge painting and maintenance, make improvements to the
Library, partner with the school district to address brand and image, and coordinate with
Centerpoint and Frontier Communications to consolidate line configuration as development
occurs.
As it relates to public safety, City Manager Davis stated that the budget proposes to expand the
capacity to adopt animals, reduce euthanasia, and develop a volunteer program, fully staff and
equip a fifth ambulance, support paramedic training, pursue the next phase for the fire training
field, continue to build law enforcement capabilities, and implement an emergency medical
dispatch program. Council Member Sain inquired if staffing the ladder truck was included in this
proposed budget. In response to Council Member Sain's inquiry, City Manager Davis stated that
staff addressed staffing the ladder truck during the current budget by moving three (3)
positions to operator status and proposed for six (6) positions in the 2016 -17 budget to cover the
gaps, as well as, provide a fifth ambulance team. He further stated that currently there's a
personnel available to operate the ladder truck and although staff is not finished addressing the
ladder truck, the hope is to completely staff it the following year. Council Member Capetillo
inquired as to what personnel would be needed for the City to qualify for the ISO 1 rating. Fire
Chief Shon Blake stated that the City will qualify for the ISO 1 rating once the lieutenant
position is filled, which will be a two (2) person staff truck, along with the completion of the drill
tower.
Council Member McCartney inquired as to how many detectives were included in the proposed
budget. Chief Dougherty stated that they augmented under the current budget and made
an additional Sergeant Lieutenant, whereas they are full with regards to detectives currently.
Chief Dougherty stated that they will be getting four (4) more officers that will start out at the
patrol ranks and he will work on the goals from Council the next budget year. City Manager
Davis noted a reminder to Council that starting with the FY2016 -17 budget; the City will fund
the officers that were being funded through Exxon.
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August 04, 2016
Page 4 of 9
During further discussion, Council Member Hoskins recommended that the public safety portion
of the budget be revisited before the adoption of the budget to address the safety concerns of the
police department with regards to records management and staffing to assist with the increasing
of small neighborhood crimes. Chief Dougherty stated that the collaboration with the other
department directors helps augment individual systems to a system that will improve the quality
of enforcement and regulation within the city. Chief Dougherty also stated that staff is working
in the right direction and he's able to go the City Manager for assistance as needed.
Council Member McCartney stated that he was told that the police department is critically short
on space and evidence and records are stored in portable storage containers outside of the police
building. Chief Dougherty stated that Council Member McCartney's statement was accurate and
that there are some portable containers with property in it on the pound lot that is secured. Chief
Dougherty further stated that they are working on designing some of the current space from the
vacating of the telecommunications facility to accommodate record storing space, but it will not
empty out the portable containers. He noted that some of the records stored in the container
relate to long term cases, in which you can't dispose of, but rather house it and also noted that
they are in need of space.
During further discussion, council voiced concerns of the police department facilities and storage
space and further agreed that they be addressed in this proposed budget. Mayor DonCarlos stated
that he expect that monies in the proposed budget be devoted to the repair of the police stations
roof and to development space for storing police records with the current assets available.
Additionally, he stated that the expectation is to provide staff with the best equipment and
facilities so that they are able to do the best job possible in a safe environment. Mayor DonCarlos
further stated that the answer for the police department concerns is going to be in the form of a
bond issue, possibly for the year 2017. He noted that he expects the facility review to come
before Council within six to nine months with a long term plan for getting the police department
in a modern facility.
City Manager Davis stated that the immediate needs would be addressed the day following this
meeting and within the next 30 days he will provide Council with a detail plan of steps
for moving forward.
Council Member Hoskins requested for administration to schedule a walk through of the older
fire stations.
As it relates to neighborhood quality and vibrancy, City Manager Davis stated that this proposed
budget will institute a proactive code enforcement program, expand pirates bay water park
enhancements, continue to improve area parks, and begin a public art program. Council Member
Presley inquired if new software and clerical support will be able to provide proactive
enforcement with regards to finding substandard structure and getting it through the process to
the municipal court or if an additional substandard or code enforcement officer should be hired.
In response to Council Member Presley's inquiry, City Manager Davis stated that currently at
this time he's confident that with new software, clerical support, and the current personnel that's
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August 04, 2016
Page 5 of 9
in place staff will provide proactive enforcement, as positive progress has already been made
with this regard. Mr. Nick Woolery noted that there's one (1) additional neighborhood protection
officer being proposed in the budget. Mayor DonCarlos requested to have a regular report every
other month on substandard structures so that Council can see the status of progress being made.
During further discussion, a request was also made to have this topic as an agenda item on a
quarterly basis, in which Council agreed to.
During further discussion as it relates to substandard structures, council voiced concerns of
addressing the allowances that are legal, but hinders the positive impact on the city, as well as,
the ordinances that council has passed, but haven't been enforced. City Manager Davis stated that
part of the implementation plan is to help set a legislative platform or foundation for
code enforcement; therefore, staff will be bringing initiatives to strengthen the code. Mr.
Woolery stated for clarity that the departments that primarily handle code enforcement are health
and planning, but that the new additional staff being proposed in the budget will be for the health
department. Mr. Woolery further stated that one of the challenges of code enforcement with
regards to the planning department is that the inspectors are overlapping with regards to
inspection duties. Mayor DonCarlos inquired if it would be more efficient to have a department
that only did code enforcement instead of having it split between the departments. Assistant City
Manager Troller stated that staff discussed centralizing code enforcement duties and the
departments look at different aspects enforcement; therefore, there was no way to combine them
together.
During further discussion regarding councils concern of there being more improvements related
to code enforcement in the planning department, City Manager Davis stated that staff has
initiated steps with this regard and that some of the issues were already implemented through
policies, but the issues with budgetary implications have to wait for budgetary support.
Council Member Presley inquired if the new position funded through MDD could assist with
some of the city's troubled properties or underutilized assets. City Manager Davis stated that staff
is currently capable of handling such issues and although the new position could assist only as
the city targets property for redevelopment, it would focus primarily on opportunities for
new development.
With regards to modern and reliable infrastructure, City Manager Davis stated that staff will
continue the implementation of sanitary sewer overflow initiative program, continue improving
expansion of current infrastructure through a wastewater master plan, and implement pavement
preservation strategy. He stated that the wastewater master plan will be to give a better idea as to
what improvements will have the greatest effect on decreasing infiltration/inflow (I &I). He
stated that because I &I only occurs during weather events it is difficult to measure, but
the improvements to the lift stations and other projects do have an effect on it. During further
discussion, an inquiry was made as to what proportional I &I contributions were public compared
to private. Deputy City Manager Bottoms stated that there is an aggressive program that TV lines
whereas the reports of the findings are sent to the home owner so that they can make necessary
repairs. Council Member McCartney further inquired about the number of participants of the
program that are allowed to pay a fee rather than repair their line. In response to Council
Member McCartney's inquiry, Deputy City Manager Bottoms stated that although there have
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August 04, 2016
Page 6 of 9
been improvements on the city's system, staff may need to revisit the enforcement of the
program. Mr. Woolery stated that through CDBG funds, the city offers a low income family
assistance with replacing their lines, but noted that the challenge in increasing a fee above $25 is
that the family doesn't have money to fix the line or pay the fee; therefore, staff is looking at
other options to help resolve this issue.
With regards to community mobility, City Manager Davis stated that staff is moving forward
with the San Jacinto Mall area transportation improvement which involves Hunt, Santavy, John
Martin, and San Jacinto Boulevard; the completion of the Goose Creek Trail
System; implementing the sidewalk master plan; and strategically identifying choke points and
other opportunities to mitigate traffic congestion that includes right -turn lanes, signal
synchronization, east /west crossing of Cedar Bayou, a Highway 146 corridor study, and
widening of Garth Road. He stated that a grant of $1.2 million was received to begin the
design for the widening of Garth Road and staff will seek additional funding to complete
the design. Council Member Sain inquired if the design would include putting the utility lines
underground. In response to Council Member Sain's inquiry regarding the utility lines being put
underground, City Manager Davis stated that during an educational riding experience
with Centerpoint in terms of understanding exactly what it would mean to existing businesses to
underground everything it would be cost effective, but consolidating and cleaning up the
infrastructure is something that can be done, whereas, line burial and electrical consolidation is
part of the Garth Road project.
City Manager Davis stated that staff is developing a facilities master plan to determine what
facilities to consolidate, repair, or let go. He stated that they will finalize the five (5) year
strategic plan, complete a five (5) year capital improvement program, continue annual citizens
survey, improve transparency by implementing a community score card, enhance long -range
planning efforts, continue competitive compensation plan, and have no proposal to
increase health care premiums. He further stated that staff will continue to pursue Bayland Island
Conference Center Hotel Development, public /private partnerships for the redevelopment
opportunities in the ACE District, implement improvements from the development process
review, and complete a street media/wayfinding project. As it related to the street
media/wayfinding project, Mayor DonCarlos recommended that staff consider the street signs on
major thoroughfares with regards to uniformity of the font sizes.
During further discussion, City Manager Davis stated that the new personnel in the proposed
budget includes: Planner I; Long Range Planner; Marshall; Patrol Officers (4); Police Open
Records Specialist; Telecommunicators (3); Firefighters (6); Neighborhood Protection Officer;
Senior Animal Services Officer; Health Administrative Support; Evergreen Park Crew (2); Parks
Foreman/Horticulturist; Parks Equipment Operator; Baytown Nature Center Park Crew (2);
Visitor Outreach Specialist; Water Plant Operators (2); Utility Maintenance Technicians (2);
Quality Assurance /Quality Improvement Coordinator; Asphalt Crew (2); and Development
Director. Council Member Capetillo inquired as to what would be the duties of the quality
assurance /improvement coordinator. In response to Council Member Capetillo's inquiry, Fire
Chief Shon Blake stated that the coordinator position will look at the medical reports to make
sure that the paramedics are doing what they are supposed to and also work with the medical
director to assure all updated requirements are met.
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August 04, 2016
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Finance Director, Wade Nickerson provided a summary of the general fund proposed budget and
stated that the revenues are projected to increase and be at 13.5 %. He stated that 73% of the
general fund budget is personnel, whereas the total revenues is just under $83 million and
the total expenditures is just under $88 million. Mayor DonCarlos inquired as to the reason for
the decrease in fines and forfeiture and stated that he didn't want to see a decrease in this line
item. In response to Mayor DonCarlos's inquiry, Mr. Nickerson stated that the biggest reason for
the decrease is due to the staff shortage in the Marshall program; therefore, staff anticipated the
effects of such although an additional Marshall was added to the program. Mr. Nickerson further
stated that he would further research this line item and bring back more information to council.
With regards to the water and sewer fund, Mr. Nickerson stated that the revenues are proposed
with an increase of 10.5 %, which is based on increased sales of more water usage and
development, but not from an increase in water or sewer rates. He stated that the
operating expenditures will be at a steady 6% as much money in this fund is being pushed more
towards capital improvement projects. As it relates to expenditures, Mayor DonCarlos stated that
the services in water and sewer are increasing due to primarily the increase in electricity costs
and further inquired for clarity of the reasoning as his knowledge is that electricity rates are
decreasing. In response to Mayor DonCarlos's inquiry regarding clarity on the electricity rate,
Mr. Mark LeBlanc noted that some factors considered in the reason for the increase in electricity
costs include the fact that the revenues increased due to selling more water and it takes more
electricity to make more water. Mr. LeBlanc further noted that as more water is sold the more
wastewater needs to be treated; therefore, the more electricity is needed. In addition to Mayor
DonCarlos's inquiry, Mr. Drew Potts stated the city added new infrastructure and new buildings
that require service and additionally, Mr. Nickerson stated that the proposal is based on the
current year consumption projections.
During further discussion, Council Member Capetillo stated that in previous years everyone
would fuel at the same location and inquired of the source structure with regards to diesel and
gas fuel was currently the same. Mr. Potts stated that the City works off of Houston rack prices,
whereas the city would pay less than a penny on the gas and lesser of that on the diesel. Council
Member Capetillo further inquired of the estimated cost that's used for budgetary purposes. In
response to Council Member Capetillo's inquiry regarding the estimated costs, Mr. Potts stated
that $2.50 was used for gas and $3 was used for diesel in which the amounts were reduced from
previous.
Council Member McCartney inquired if it was more efficient to run the plants on electricity and
if there was any consideration to using gas as a more reliable and inexpensive power source. Mr.
LeBlanc stated that he's not certain as it relates to the plant, but that staff is looking into other
options related to generators. Mr. Jose Pastrana noted that it is always inefficient to run a small
type generator and you can't beat the efficiency of the big generators which is the power
companies. Mr. Pastrana further stated that the city couldn't run the plant on a natural gas type
generator because all of the equipment is electrical; therefore, the gas would have convert to
electricity and then run the equipment.
City Council Special Meeting Minutes
August 04, 2016
Page 8 of 9
With regards to the hotel occupancy tax fund summary, Mr. Nickerson stated that the
revenues are being budgeted at approximately $300,000, which is a conservative increase over
prior budget and the expenditures increased by 5% as the part time position that was turned into
a full time position was taken into consideration. Additionally, he stated that the fund balance at
the end of the year would be for is 61 days.
During further discussion with regards to the historical percentage of 1% being noted by
function, Council Member Presley inquired if this percentage was typical or in line with other
cities. Mr. Woolery stated that this year's percentages are off because of the predictions being
based on conference center costs, but the normal percentage is normally higher.
City Manager Davis stated that the sanitation fund, which is utilized to finance the solid waste
collection and disposal is proposing a 5% fee increase due to the following factors: solid waste
collection external cost increase, a delay in disposal of brush due to more people utilizing brush
collections, and an effort to sustain this fund from the trend of having a recurring deficit. He
stated that although a $2.50 increase would set a pace of sustainability, he recommends a $1
increase to buy some time until the re- evaluation of the contract for solid waste for pick and
disposal. Council Member McCartney recommended extending the hours of the recycling center.
City Manager Davis stated that staff will re- evaluate the plan and bring back an estimated
increase amount to accommodate extended hours of the recycling center.
Mayor DonCarlos requested clarity for the $450,000 increase in personnel costs in aquatics. In
response to Mayor DonCarlos's request for clarity, Mr. Mike Flinn stated that more guards
are needed for the expansion of Pirates Bay and corrections were made with regards to school
day rentals that were not budgeted for previously, as well as, for the ice rink. Deputy City
Manager Bottoms stated that the salary line items weren't budgeted, but the revenues covered the
expenses.
Council Member Presley stated that the Town Square programming budget was increased to
$50,000 per Mayor DonCarlos's request and further inquired if the annual programming budget
would remain at $50,000. Mr. Dustin Schubert stated that the amount increased to approximately
$65,000 to accommodate more snow for the ice rink and the events for the year.
Mayor DonCarlos noted for informational purposes that the City of Houston increased the City
of Baytown's water rates to 1.4% as a result of the City of Houston's population increase.
In conclusion of the budget discussion, City Manager Davis stated that significant capital
commitments will need to be made with regards to the sanitary sewer system.
4. ADJOURN
A motion was made by Council Member Chris Presley and seconded by Council Member David
McCartney adjourning the August 04, 2016, City Council Special Meeting. The vote was as
follows:
City Council Special Meeting Minutes
August 04, 2016
Page 9 of 9
Ayes: Mayor Stephen DonCarlos, Council Member Brandon Capetillo, Mayor
Pro Tern Robert C. Hoskins, Council Member David McCartney, Council
Member Terry Sain, Council Member Chris Presley
Nays: None
Other: Council Member Mercedes Renteria III (Absent)
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the August 04,
2016, City Council Special Meeting at 7:42 P.M.
Leticia Brysch, City Clerk
City of Baytown
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