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2017 09 14 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 14, 2017 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 14, 2017, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown,Texas with the following in attendance: Laura Alvarado Council Member Robert Hoskins Council Member Charles Johnson Council Member David McCartney Council Member Chris Presley Council Member Terry Sain Council Member Stephen H. DonCarlos Mayor Ron Bottoms Acting City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos convened the September 14, 2017, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance,Texas Pledge, and Invocation was led by Council Member Presley. 1. MINUTES a. Consider approving the minutes of the City Council Special Meeting held on July 20,2017. A motion was made by Council Member David McCartney and seconded by Council Member Robert C. Hoskins approving the July 20, 2017, City Council Special Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tern Chris Presley Nays: None Approved City Council Regular Meeting Minutes September 14,2017 Page 2 of 22 b. Consider approving the minutes of the City Council Special Meeting held on July 24, 2017. A motion was made by Council Member Charles Johnson and seconded by Council Member Robert C. Hoskins approving the July 24, 2017, City Council Special Meeting minutes. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Ms. Dora Ponce requested to appear before the City Council regarding the implementation of reporting requirement for lost or stray dogs that are found within the city limits. Ms. Dora Ponce requested that the City mandate that found animals be taken to the shelter to be reported and scanned for microchip before being released back to the finder for a foster period of time. b. Presentation of the 2017 Parks and Recreation Annual Report and recognition of Mr.Wayne Gray's years of service to the Parks and Recreation Advisory Board. Parks and Recreation Director, Scott Johnson presented the agenda item and introduced the new • Parks and Recreation Advisory Board Chairman, Billy Barnett. Mr. Johnson stated that during the year 2017,three (3) new facilities were opened that included the Jenkins Spray Park, the Aqua Loop and Aqua Drop at Pirate Bay, and the connection of the Goose Creek Stream Trail. He stated that the with the aide of the San Jacinto Waste Pit Grant twenty-one acres of Bayfront property was added for a future park for the complete renovation of all three (3) boat ramps. He stated that park programs continue to grow and noted that the Parks and Recreation Advisory Board celebrated its 50 years of existence in the year 2017. Mr. Johnson stated that the annual report was approved by the Parks and Recreation Board on August 02, 2017, and further recognized Mr. Wayne Gray's years of service to such board from 1966 to 2017, whereas, he missed one(1)meeting and was Chairman for 47 years. Mayor DonCarlos presented to David Gray and Steffani Chapman plaques in appreciation of the service that their father, Mr. Wayne Gray, provided to the City of Baytown. City Council Regular Meeting Minutes September 14,2017 Page 3 of 22 c. Present a proclamation designating September 16, 2017, as American Legion Day in Baytown. Public Affairs Coordinator, Patti Jett presented that agenda item and Mayor DonCarlos presented to members of the local American Legion a proclamation designating September 16, 2017, as American Legion Day in Baytown. 3. PROPOSED ORDINANCES a. Consider an ordinance authorizing the Annual Residential Solid Waste Collection, Disposal, and Recycling Services Contract with Waste Management of Texas, Inc. b. Consider an ordinance amending Sections 86-101 and 86-166 of the Code of Ordinances, Baytown, Texas, regarding fees for sanitation services. Acting City Manager Bottoms stated that agenda items 3.a. through 3.e. were all related to the same subject matter. He stated that the City's contract with Waste Management expired at the end of September; therefore, earlier in the year staff sought new proposals and received two (2) responses. He stated that negotiations started with Waste Management being that they were the lower of the bids. He stated that there was an approximate 40% increase rate to the City in the proposal from Waste Management. He stated that per Council's direction staff looked at various options to include the possibility of the City taking over such services, in which agenda items 3.c., 3.d., and 3.e. is in reference to. He stated that in a meeting with Waste Management they agreed to phase in the increase over a two (2) year period. He stated that the increase would be $3.14 per resident this year and an additional increase next year being an approximate 15% increase overall each year. Additionally, he noted that part of Waste Management's services also include brush collection services, green center fees, and other City related fees, which calculates to approximately$24.45 effective the first of October. Acting City Manager Bottoms stated that staff recommended to approve the cost of the rate and to authorize the City Manager to conclude contract negotiations due to the merging of the recycling contract with the old solid waste contract into one(1). A motion was made by Council Member David McCartney and seconded by Council Member Charles Johnson approving Ordinance No. 13,577 agenda item 3.a. and Ordinance No. 13,578 regarding agenda item 3.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tern Chris Presley Nays: None Approved City Council Regular Meeting Minutes September 14,2017 Page 4 of 22 ORDINANCE NO. 13,577 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO THE ANNUAL RESIDENTIAL SOLID WASTE COLLECTION, DISPOSAL, AND RECYCLING SERVICES CONTRACT WITH WASTE MANAGEMENT OF TEXAS, INC., AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT NOT TO EXCEED FOUR MILLION FIVE HUNDRED SEVEN THOUSAND EIGHT HUNDRED THIRTY-NINE AND NO/100 DOLLAR ($4,507,839.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 13,578 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 86 "SOLID WASTE," ARTICLE II "RESIDENTIAL SOLID WASTE," DIVISION 3 "FEES AND CHARGES AND BILLING PROCEDURE," SECTION 86-101 "CHARGE FOR COLLECTION" AND ARTICLE III "COMMERCIAL SOLID WASTE," DIVISION 2 "SMALL BUSINESS WASTE COLLECTION SERVICE," SECTION 86-166 "CONTRACT FOR GARBAGE COLLECTION" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO INCREASE FEES FOR RESIDENTIAL AND SMALL COMMERCIAL REFUSE COLLECTION AND CURB-SIDE RECYCLING SERVICES; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF. Agenda items 3.c. through 3.e. were not considered due to agenda items 3.a. and 3.b. being approved. c. Consider an ordinance authorizing the City Manager to negotiate financing for the purchase of refuse trucks and related containers. d. Consider an ordinance authorizing the purchase of eleven (11) refuse trucks, from Chastang Enterprises, Inc.,through the Texas Local Purchasing Cooperative (BuyBoard), subject to receipt of financing therefor. e. Consider an ordinance authorizing the purchase of trash and recycle carts through a cooperative purchasing program, subject to receipt of financing therefor. Mayor DonCarlos stated that the regular agenda would be taken out of order because agenda item 3.f. would be of a lengthy discussion and further considered agenda item 4.a., then agenda item 8.a. City Council Regular Meeting Minutes September 14,2017 Page 5 of 22 4.a. Consider a resolution supporting the goal of obtaining no-kill status for the Baytown Animal Control Facility by 2025. Jay Garrett, Jr. registered to speak regarding agenda item 4.a. He stated that since the last council meeting held on August 14th, the City of Baytown Animal Control and Shelter Facility has achieved and maintained a live release rate that exceeds 90%, because of the direct help of various network partners. Mayor DonCarlos stated that included in the budget that was adopted at the last meeting was the planning and funding planning process started for the studies for the expansion of the animal shelter to include surgical suites with the goal of becoming a no kill shelter. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Terry Sain approving Ordinance No. 2493 regarding agenda item 4.a. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tern Chris Presley Nays: None Approved RESOLUTION NO. 2493 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING THE GOAL OF OBTAINING NO-KILL STATUS BY 2025 FOR THE CITY OF BAYTOWN ANIMAL CONTROL FACILITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos stated that agenda item 8.a. would be considered to discuss the legal ramifications of agenda item 3.f. 8. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Section 551.071 to seek the advice of the City Attorney on a matter in which the duty of the City Attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Open Meetings Act. At 6:51 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to Section 551.071 to seek the advice of the City Attorney on a matter in which the duty of the City Attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Open Meetings Act. City Council Regular Meeting Minutes September 14,2017 Page 6 of 22 At 7:22 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. The agenda was reconvened to its regular order and agenda item 3.f. was considered. 3.f. Consider an ordinance authorizing a Special Use Permit to construct and operate an oil tank terminal on approximately 38.00 acres of land out of a 47.13-acre tract zoned Heavy Industrial, located approximately 2,300 feet west of the intersection of Decker Drive and Baker Road, along the north right-of-way of Baker Road, legally described as part of and out of Harvey Whiting Survey,Abstract No. 840, Harris County,Texas. Mayor DonCarlos noted that the Council was advised that there's a Texas Supreme Court Case that clearly states that Council will not be able to take a yes or no vote on this Special Use Permit and that the property is zoned as Heavy Industrial (HI). He stated that years ago when the ULDC was formulated and the zoning mapping was done the property was zoned as heavy industrial, which is the current zoning status and means that this project can be built on this site. He stated that the Special Use Permit being considered before Council is to determine what conditions to follow and impose upon those who purchased the property to put in the tanks. He stated that the Council discussed the setbacks, screenings, and safety features that they will require when moving forward with the project. He further stated that under the heavy industrial zoning classification, the company that owns the land could install in the tanks without coming before Council or having to submit a Special Use Permit. He noted for clarity that Council could not vote whether or not to approve this project. Additionally, he noted that Council decided to go back through each district's zoning and check the zoning maps for any other instances where they may be issues. Mayor DonCarlos stated that he would allow the company to explain the project then allow for comments from the public. Mr. Kevin Campbell stated that he's a MODA employee and the General Manager of this joint venture project with over 30 years of experience in this type of business. He stated that Vopak Moda Houston (VMH) is a joint venture between MODA Midstream and Vopak which started in March of 2016 and was the name used when the application was submitted in April 2017. He stated that Vopak has 400 years of history and is the largest private independent storage terminal globally. He noted that they built and maintained terminals in various areas in Texas. Mr. Campbell stated that this project is for a crude terminal that complies and exceeds all of Baytown's rules and regulations. He stated that based on Council's recommendation,the plot plan was moved further towards the east to get farther away from the St. James facility to create more of a buffer that's over 1,000 feet from the tank to the St. James facility. He stated that they met the conditions of the SUP and zoning code that was approved by the Planning and Zoning Commission. He stated that as also recommended they prepared an Evergreen buffer zone, in which they've already estimated the costs for such. He stated that the tanks are already obscured from sight by the current trees and the evergreen would improve the aesthetic view. He further City Council Regular Meeting Minutes September 14,2017 Page 7 of 22 stated that there were other areas of interest for this project to be done,but they preferred it to be in Baytown. In Summary, Mr. Campbell stated that VMH would go above and beyond to address the concerns raised by the City of Baytown and its constituents. He stated that they modified the terminal's layout further away from the local communities; revised the characteristics of the tanks, which will be based on the environmental permit that's required; shared the preliminary Emergency Response Plan (ERP) and the Fire Hazard and Heat Radiation study with local Emergency Management and Fire Department along with Council; and provided an air model. He stated that they're also receptive to having an Air Monitoring Program and will comply with the City's ordinance with regards to noise control. He stated that they're also receptive to doing murals on the tanks if environmental regulations allow for it. Mr. Campbell stated that they did a heat radiation study and simulated the effects of a potential heat sensation at the closest tank for the nearest neighbor and it showed that the heat from a theoretical incident would not reach St. James House. He noted that the study was based on the worst case scenario of a fully engulfed fire with the northeast wind blowing towards St. James House. He further noted that because their tanks would have fixed roofs and steel and internal floating roofs, if there ever was an incident, theoretically it would be a rim seal fire and not a fully engulfed fire. He stated that the study was more in depth, but he expounded on this portion of it because it was the biggest concern. Mr. Campbell stated that the benefits for the community from this project would generate more employment opportunities to Baytown constituents and increase tax revenue. He stated that they will operate with technological advanced and more efficient tanks. He stated that both partners' history proves that they'll be good corporate stewards and citizens to the community. Additionally, he noted that Mr. Ralf VanDerVen would speak more on behalf of VoPak. Mr. Ralf VanDerVen stated that he's been in this industry of business for over 25 years in which he's worked 20 years in Houston. He stated that his role is being responsible for the marketing and growth activities in America. He stated that Mr. Kevin Campbell did a good job at making sure that the requirements articulated by Council were integrated in the plan going forward. He stated that their mission is to store essential products with care, which means that they have a very strong emphasis on safety, compliance, sustainability, and being a good neighbor in the community. He stated that they ensure that they store in a safe efficient manner the products of their customers, in which their main customer is ExxonMobil. He stated that they safety record was a TIR of.16 and noted that the industry calls for about a .75 TIR rate. He noted that at the Deer Park location, so far there were no incidents for the year 2017 and extended an invitation to the community to visit the site. Additionally, he stated that they were open to discussing all concerns with the community. Mr. VanDerVen stated that they partnered with MODA because of their successful experienced team management. He stated that the plan was to bring America crude produced in America to American refineries to create American jobs and boost the American exports and crudes. He stated that there would be a number of tanks that would receive the crude, store it, then delivery it to the ExxonMobil refinery and others on the pipeline network. He stated that they are partners with local organizations within the communities in which they work and their hope is to be an integral part of the Baytown community. City Council Regular Meeting Minutes September 14,2017 Page 8 of 22 Judith DuBose, David Swain, Randee King, Shela McClella, Ken Martin, Jim Saldivar, Luis Perez, Ralf VanDerVen, Larry Toups, Lynda Toups, Randall Kerr, Helen Kerr, Billy Kerr, Jeremy Cannon, Norma Razo, Sheryl Edwards, Jamie Ouardi, Cheryl Rankin, Kevin Rankin, Steven Adrian, Gordie Little, James Prickett, M. Kay Shroyer, Mary Davis, Glen Odom, John F.D. Jacobson, Billy Barnett, Stevie Knight, Raven Knight, Daniel Seeley, Jim Maroney, Glenn Whitcomb, Ben Sager Sr., Susan Garrett, Susan Cummings, Shawn McDonald, Lisa Little, Mary Helen, John Keller, C. Mundinger, Jacqueline Whitaker, Michael Lively,Nelda Nakudz, Dell Cantrell, Rick Detwiler, Gillian Rushing, and Kenneth Norman all registered to speak regarding agenda item 3.f. David Swain deferred his time to Calvin Mundinger. Ms. Randee King, Ms. Sheila McClella, and Kevin Rankin deferred their time to Ken Martin. Luis Perez, Glen Odom, Mary Hulen, and Glen Keller did not speak when called upon. Stefany Cortes deferred her time to Ralf VanDerVen. Larry Toups, Lynda Toups, Norma Razo, Sheryl Edwards, Jamie Ouardi, Gordie Little, Steve Knight, Karen Knight deferred their time to Lisa Little. Helen Kerr deferred her time to Billy Kerr. Cheryl Rankin deferred her time to Glenn Whitcomb Kevin Rankin deferred his time to Gordie Little. James Prickett deferred his time to James Whitcomb. M. Kay Shroyer, Mary Davis, and Jacqueline Whitaker deferred their time to John Jacobson. Nelda Nakundz, Rick Detwiler, and Gilliam Rushing were not present to speak when called upon. Ms. Judith Dubose stated that she's a resident of Lakewood and supports this project as it will bring more jobs to the community. Mr. Ken Martin was extended 15 minutes to speak as four(4) other registered speakers deferred their time to him. Mr. Martin noted that he's worked in the petrochemical field for over 40 years. He stated that crude oil, which would be stored in the tanks for this project, contains hundreds of toxic substances to include benzene, hydrogen sulfide, and other chemicals. He stated that benzene is a known human carcinogen and hydrogen sulfide has a rotten odor at first smell, but then it defeats the ability for someone to smell it and then they become fatigue, which could be life threatening. He noted that according to a chart from TCEQ, the wind is most frequent from the south/southeast in Baytown. He stated that the timeframe would be one (1) minute that the City Council Regular Meeting Minutes September 14,2017 Page 9 of 22 fume cloud would be to St. James house, two (2)minutes to the homes on Middleton Street, and in four (4) minutes to Travis Elementary and Baytown Junior schools. He requested that when Council considers what's to be included in the SUP to think about what happens if there's a chemical release from the facility, as well as, the noise impact and how the residents nearby would be protected such timeframes. Mr. Martin stated that in May 2017 Vopak's Deer Park site was fined $2.5 million by the EPA for emission violations and required to implement a $5 million upgrade to their emission collection system; in July 2016, they had a benzene spill that resulted in the evacuation of the San Jacinto State Park and closure of the Houston Ship Channel; in May 2015, they were fined for exceeding emissions limits; in May 2013, they were fined for failure to submit discharge monitoring reports on time, and they were sued by Harris County for improperly discharge emissions to include excess amounts of arsenic, ammonia, nickel and suspended solids. Additionally, he noted that there were various tank incidents in the Texas area to included Baytown within the year 2017, and requested that Council seek assistance with regards to what should be in the emergency response plan. Mr. Jim Saldivar stated that he's the Executive Director at St. James House and at Alexander Hall, which are both located off of Baker Road. He stated that as the long time care provider serving the elderly citizens of the greater Houston and Baytown area, there's concern with the proposed installation of these types of storage tanks at such an immediate proximity to their facility. He stated that an evacuation of a nursing facility from a disaster can be detrimental both physically and emotionally to their population. He stated that they request that all negative impacts and risks that jeopardize the health and safety of their residents be considered in reference to this type of development. Mr. Saldivar stated that all should consider the recent hurricane and what impact may have occurred had these tanks been in place and if this development would knowingly increase the flood risk of neighboring properties along with the potential exposure to leaks and other uncontrollable storm related events. He stated that since the recent storm,they have not had the proper time to access the impact of this plant or meet with the owners to ask important environmental questions regarding this development. He noted that the owners did reach out to them, but because of the storm they were unable to meet. Additionally, he stated that he's not sure that all safety measures have been reviewed or in place and because of such,he can't support the project. Mr. VanDerVen responded to the comments made with regards to their Deer Park facility that was presented by Mr. Ken Martin. He stated that in the year 2012,the EPA began a review of the facility and concerns were raise with regards to waste water treatment of the storage tanks. He stated that many of the observations were point of contention and there was dialogue in which there was an exchange of views and difference of opinion about compliance for about five (5) years. He stated that although they didn't agree with the concerns, they decided to enter into a consent agree, which is basically an agreement with Vopak and the federal government in as part which they're investing$5 million in capital upgrades and some of their operating procedures. Additionally,he stated that the case has been closed to the satisfaction of the federal government. Mayor DonCarlos inquired for clarity if there was a difference between the Deer Park facility and the proposed facility, and if so, what was the difference. Mr. VanDerVen stated that at the Deer Park facility several different chemicals were stored, in which each chemical has a different dimension profile and is subject to different rules in terms of management emissions. He further City Council Regular Meeting Minutes September 14,2017 Page 10 of 22 stated that in the proposed facility, crude is stored which has a completely different emissions profile and is less complicated to store. Mayor DonCarlos inquired about the discharge in the Ship Channel and Mr. VanDerVen stated that there was a discharge in the ship channel, in which they rapidly mitigated and complied accordingly with the laws associated with the regulations. Mayor DonCarlos inquired if the tanks were to be exposed floating roof. Mr. VanDerVen stated that proposed tanks have an internal floating roof with a hard roof on top of the tank and is not an exposed floating tank. Council Member Johnson inquired if this was the first time that this company stored crude oil. In response to Council Member Johnson's inquiry, Mr. VanDerVen stated that MODA stored crude oil in the ship channel and Vopak stored crude oil throughout the world. Council Member Johnson further inquired if this was the first joint venture of these two (2) companies together to store crude oil. Mr. VanDerVen stated that this would be the first time that the two (2) companies together would store crude oil. Council Member McCartney inquired if there was a guarantee that only crude would be stored or if they would consider storing other chemicals there in the future. Mr. VanDerVen stated that the proposed tanks are specifically designed for crude and that they would work with the City if this is a specific use for the facility. Mr. Randall Kerr stated that he has a degree in economics and is a lead technical engineer for a company based in Minnesota. He noted that in addition to the$5 million upgrade to the Vopak's Deer Park Plant, there was also a $2.5 million fine assessed by the EPA, in which Texas was a recipient of 50% of such fine. Additionally, he stated that he would like Council to consider how Baytown will pursue legal remedy when emissions occur, due to the corporate structure which is very difficult to serve process in this case, as well as, how the City of Baytown will protect the residents and ensure that the air handlers can be turned off at the nearby nursing facility and schools in enough time being in such close proximity of the plant facility. Mr. Bill Kerr stated that this project is zoned as heavy industrial and recommended that it be rezoned. He noted that the City of Houston didn't have zoning with regards to the Supreme Court Case with the City of Houston and the City of Baytown does; therefore, the comparison may be different. He stated that the beginning intent of the zoning ordinance was the safety of the citizens. Additionally, he stated that this project is a dangerous facility and a safer location could be found that would accommodate the company and the other industries in the area. Mr. Jeremy Cannon stated that he's on the design team for MODA and is a fourth generation Baytonian. He noted that his family has history of working, as well as, living in Baytown. He stated with regards to the tank fire incident at Deer Park that there were two (2) tank roofs that floated were external floating roofs which were impacted by a rain event and that the tank fire in Beach City was a day tank that doesn't have a floating roof which was struck by lightning. Additionally,he stated that their tanks would not be impacted by a rain event. City Council Regular Meeting Minutes September 14,2017 Page 11 of 22 Mr. Steven Adrian stated that it appears that every time the citizens bring their voice to the Council,it's ignored and further noted that Council should consider listening to its citizens. Mr. John Jacobson was allowed 15 minutes to speak as he accumulated speaking time from other registered speakers. He stated that in reviewing the special use application (SUP) it makes mention of existing zoning and further noted that at the first meeting it was said that oil and gas was permitted in heavy industrial zoning, but it's not indicated in the ULDC. He stated that he does not believe that the permit meets the test for the specific SUP. Mr. Jacobson stated that there are nine (9) acceptable non-residential land uses listed specifically in the heavy industrial zone. He stated that the drilling of oil and gas operations use is permitted,but specific conditions must be met. He stated that the condition of the special use permit for drilling oil or gas operations is intended to provide for the extraction of oil or gas minerals only. He noted that the definition shall mean the drilling completion or re-working of any type of well or pipeline and that a tank farm is not a well or pipeline. He further noted that by definition of manufacturing (heavy) and outdoor storage(accessory)this project does not qualify and does not meet the City's ULDC requirements. He stated that these tanks could possibly store more than 105 million gallons of VOC toxic hazardous crude oil. He stated that explosives are special use products and the monitors on tanks measure lover explosive limits. He stated that the vapors that mix in the zone above the floating roof and below the cone roof are going to be an explosive mixture. He noted that there are windows cut around the edges for the wind to come through and try to scavenger the vapors out and the vapors are heavier than air. He further stated that there has to be about a 30 night wind to attempt to get all the vapors out to the roof when it's at its minimum hill. He stated that he built one of these models in Guatemala and it caught fire and it didn't go out until after about nine days. He noted that it wasn't near a residential area and they learned from their mistake. He stated that the there's no seal on tanks to stop vapors. He stated that the company will never be able to tell what's in the tanks as it has to be tested. He stated that the vapor of crude is exceedingly high. He also noted that he's been doing this type of work since 1976 and he slept good at night knowing that he did the right thing. Additionally, he stated that legal action may take place to send the application back to the zoning commission based on the definition supplied. Mayor DonCarlos requested that City Attorney, Ignacio Ramirez review for definitions for clarity. Mr. Billy Barnett stated that as the President of The Friends of the Baytown Nature Center, they met and unanimously decided that this project may not be a good thing. He stated that after listening to the speakers, he agreed to allow the company to be a good corporate citizen and requested that they contact him to see if they can work together to improve the Baytown Nature Center. Mr. Daniel Seeley stated that there's been little said about the impacts to the Middleton Street residents and any emissions from this facility would affect such community residents dealing with health conditions, as well as, those with limited physical abilities that could be compromised by the dust and fumes during the construction of this project. Mr. Seeley stated that there's several other locations that this facility could be built, whereas, it would not endanger the existing communities of Baytown. He stated that there are many request to beautify City Council Regular Meeting Minutes September 14,2017 Page 12 of 22 Baytown,but the natural beauty of wooded property is defaced with building parking lots, apartments, shopping centers, and the current tank farm structures, which devalues property. Additionally, he stated that the focus should be on attracting long term residents who live in homes and communities where they're protected. Mr. Jim Maroney stated that since Hurricanes Harvey and Irma there's been articles in the area newspapers that the environmental conditions brought about by storms may be hazardous to the community. Mr. Glenn Whitcomb was extended nine (9) minutes as other registered speakers deferred their time to him. He stated that he's a chemical engineer and represented the Citizens Against Residential Encroachment (CARE). He requested for Council to verify if the zoning was done legally and properly. He stated that the safety and security of those in the surrounding areas are at stake; therefore, it's important to consider the emergency evacuation of the St. James facility in the event of the emergency. He noted that of the 104 residents at the St. James House, 40 are ambulatory and most of the others would need to be evacuated as they don't have personal transportation. Additionally,he inquired if the SUP would specify what goes in the tanks, as well as,prohibit tank trucks and tank car loading. Mr. Ben Sager Sr. stated that he worked in a chemical plant for 30 years in Deer Park and is familiar with what could go wrong which is why he's against this project. Ms. Susan Garrett stated that she recently retired from ExxonMobil and is an experienced EMT for 20 years and been on the emergency response team. In addressing the point made about the worst case scenario regarding the heat, Ms. Garrett stated that although the heat is a concern, the primary concern is the toxic chemicals and the toxicity of the smoke that would be drifted on the wind, in which it would probably be shelter in place instead of an evacuation. She stated that the St. James facility is old and nothing is sealed on the building, so shelter in place would not be wise. Additionally, she recommended that the company spend money in the community to protect it in the worst case scenario. Ms. Susan Cummings requested that Council considers the following three (3) things as they develop the requirements for the SUP: flooding, the City's zone planning document, and the citizen's rights to safety from unnecessary risks. She stated that although there are requirements for tank farms, such as retention ponds and certain abatements, current standards to protect life and property from flooding events have not kept pace with the amount of concrete being poured on the ground. Additionally, she stated that the City's reputation and property values would not be enhanced by the position of this tank farm. Mr. Shawn McDonald stated that he's the Chairman of the Planning and Zoning Commission and that this proposed development is the worst thing he's seen proposed in the City in the past fifteen years. He stated that the tax growth would rise, but the residents would end up with the short end of the stick. He stated that in order for Baytown to thrive, it has to compete with other communities and being that aesthetics has always been a challenge; this would be a big step backwards. He stated that they need to revisit the HI zoning. He stated that the SUP was the safety net that was supposed to stop this type of situation from happening. He noted that if the City Council Regular Meeting Minutes September 14,2017 Page 13 of 22 majority of Council didn't want a project to go forward, the SUP would not be issued. Additionally, Mr. McDonald recommended that Council, if opposed to this, retain outside legal counsel. Mrs. Lisa Little was extended 24 minutes as other registered speakers deferred their time to her. She noted that she has a degree in Industrial Psychology. She stated that after the meeting on July 13th, residents of Lakewood and Wooster grouped together to discuss the tank farm issues. She stated that CARE was designed and collected a petition with 1,305 signatures along with two (2) online petitions. She noted that most of the signatures included those from Baytown, but some were from other states and out of the country. She stated that what she heard most often from people, which was of her greatest concern, was that the perception that Council would do whatever they wanted despite what was right for the community. She stated that if we can vote yes to reverse the trend of killing animals in an effort to be a more conscious society, then we can surely see then necessity to vote no on not placing the elderly and children in unnecessary peril. Additionally, she stated that the simple solution is to pick another site out of harm's way as a conscious corporate citizen does not knowingly place something volatile amongst senior citizens, schools, and residential homes. Mr. Calvin Mundinger was extended six (6) minutes to speak as someone deferred their time to him. Mr. Mundinger stated that to his recollection, the Baytown Fire Department was very well trained and equipped to deal with a petrochemical related fired incident. He stated that he called the City Manager and asked if he had the proper recollection and the City Manager stated that not only was it the proper recollection, but that the Baytown Fire Department was one of the better teams in the State in dealing with these types of issues. He stated that he had a conversation with the City's Fire Chief with regards to safety and asked the Chief to assist him with answering the questions that they discussed. Mayor DonCarlos stated that City Manager Davis preferred that City personnel not speak, but further noted that their input would be heavily depended upon with regards to this matter. Mr. Mundinger further stated that during his conversation with the fire personnel, he asked if they had the opportunity to review the safe guards and their opinion of this project as it was designed to be built, in which City personnel thought that there were a lot of good and proper safe guards incorporated into this project. He stated that he asked them if there would be extra help available, if they needed extra help and they mentioned the ExxonMobil team, in which they have lots of foam stored at their facility that was available if an event occurred. He stated that he asked if the St. James House residents,his son being at Baytown Junior School, and the students at Travis Elementary would be okay if an event was to occur and the answer was yes. He noted that the fire department has the authority to call for an evacuation if necessary. Mr. Mundinger further stated that there were three (3) large chemical plants, as well as, a tank farm visibly and directly across the street from Country Club Oaks. Additionally, he stated that Country Club Oaks has been one of the most prestigious subdivisions in Baytown since the 60's, and he looked at the property values of six (6) different homes in that area, but there was no diminished property, in fact, the five (5) year history of those homes appreciated each year. Mr. Michael Lively asked the members of VoPak what their storm water discharge would look like and if they would have a formal laboratory. Mayor DonCarlos stated that Mr. Lively's inquiry would get answered. City Council Regular Meeting Minutes September 14,2017 Page 14 of 22 Mr. Dell Cantrell stated that he echoes all of the previous speakers' safety, security, and environmental concerns and requested that Council takes them into serious consideration. Mr. Roberto Gasparini stated that he has a PhD in Atmospheric Sciences and in his five(5) years in graduate school and 12 years since as an environmental consultant, he's worked in air quality issues particularly along the Texas Gulf Coast. He stated that his daily job for seventeen years involved air quality, emissions, permitting and computer modeling. He stated that he works with the Texas Emission on Environmental Quality (TCEQ) and the Environmental Protection Agency (EPA)just about every day. He stated that he's testified as an expert witness for citizens groups including environmental defense firms, as well as, industries. He stated that as a scientist and his job is to be right and not choose sides. He stated that he was hired by VMH to evaluate the air quality from their proposed project including the permitting and any potential impacts from their operations. He stated that the emissions from their proposed terminal is actually so small that nearby plants will admit more in just two (2) days than the VMH terminal will admit in an entire year. He stated that TCEQ has different permitting programs based on how much emissions the source generates and because this terminal has such small emissions it qualifies for a Permit by Ruling(PBR), which by TCEQ's definition is considered insignificant. He stated that to claim a PBR, a completed form is submitted to TCEQ through an online system then cleared to begin construction. He stated that because the emissions on terminals such as this is so small, TCEQ doesn't need to review and approve them individually, but they're automatically approved once form is submitted and site is registered. He stated that although it's not required for a PBR, VMH requested that he perform a computer modeling from the terminal to be sure that their proposed operations would not cause any harm. He stated that the modeling including all of the surrounding areas and the impacts offsite were not even close to the levels where there would be any health impacts. He stated that VMH would not cause an air quality problem. He stated that as added protection for the surrounded area, the TCEQ even operates an air quality monitor a quarter of a mile west of the site, in which they constantly analyze the data to be sure, that the air quality in the area is safe. In summary, he stated that given the insignificance emissions from the terminal, the safe concentrations model, and the safety net of the local air quality monitor,the proposed VMH terminal poses zero threat to Baytown's air quality. Mr. Kenneth Norman stated that he fully endorse the remarks of Mr. Whitcomb, Lisa Little, and Mr. Jacobson. He stated that a hearing by definition implies some argument on the merits of an issue to be considered by a judge, finder of fact or finder of law, in this case would be City Council. He stated that this does not appear to be hearing considering an ordinance authorizing an SUP, but simply a hearing to determine terms and conditions to which an SUP that's going to automatically be granted would apply, in which was not posted on the notices on Baker Road. He inquired as to when did the City first learn that there would be no vote for or against at this meeting. He further inquired as to when did Council first notify administration sooner that there was not going to be a vote for or against and in fact notify the residents. He stated that this is a denial of due process and a right to notice opportunity to be heard. He stated that he used to be an Assistant City Attorney and that the City's ordinance notice on the agenda does not correctly describe what the action is. He stated that what the City is considering is an application which is defective and does not fit the perimeters of the use permitted by this application, in which the City has no choice but to reject the application as invalid as it does not conform to the requirements of the City's code for permitted uses for heavy industrial area. Additionally, he City Council Regular Meeting Minutes September 14,2017 Page 15 of 22 stated that the City should reconsider its zoning laws as it's the reason that the City is in such adverse position. In summary, Mayor DonCarlos stated that there's some legal theories that the heavy industrial (HI) designation doesn't include this particular use of the property, which goes against what Council's been told up to current point. He requested from administration an outside legal opinion of the HI zone to see if this use is within the HI language and stated that if the opinion shows that it's not, then the application can be addressed at that time. He further stated that if the outside legal opinion shows that it's a permissible use within the language of the HI, to his understanding, Council would have to move on to consider what's to be put in the SUP. He stated that if Council gets to the SUP, he have questions that need to be answered. Additionally, Mayor DonCarlos suggested that consideration of this agenda item be postponed for thirty days, so that clarity from outside legal counsel is received and all questions were answered. Council Member Johnson expressed his appreciation to those who attending the meeting to voice their concerns, as well as,his frustration of being blindsided with the outcome of the agenda item at this meeting. With regards to the inquiry as to when Council was informed about this, he stated that Council was informed at 7:01 P.M. Additionally, he stated that as a good neighbor VMH should have communicated with the surrounding communities sooner than they did to discuss this project and that all involved should do their due diligence to make sure that the right decision is made for constituents. Council Member Hoskins also stated he was disappointed with the outcome of being blindsided with the decision regarding this agenda item. He stated that in dealing with these types of issues, he rely on facts and studies that work. He stated that there have been questions about the expertise of the Baytown Fire Department making judgment on the safety and health of residents and although he believes that the Baytown Fire Department is wonderful in dealing with municipal issues,when dealing with an industrial complex, industrial expertise should be relied upon. Additionally, he noted that there were other advantages that could be done with VMH, such as moving the site to an industrial district and receiving a 33% increase in taxes. Mayor DonCarlos apologized for the legal situation at hand and expressed his appreciation to concerned attendees. He stated that Council would thoroughly review the City's rights in this matter and come to the best conclusion possible for the City and the citizens. Council Members Sain and McCartney both recused themselves from the vote regarding agenda 3.f. due to a conflict of interest. City Clerk Brysch noted that the conflict of interest was filed before the meeting by both council members. A motion was made by Council Member David McCartney and seconded by Council Member Laura Alvarado approving to postpone agenda item 3.f. to the October 12, 2017, Council Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley City Council Regular Meeting Minutes September 14,2017 Page 16 of 22 Nays: None Other: Council Member David McCartney(Abstain), Council Member Terry Sain(Abstain) Approved 3.g. Consider an ordinance authorizing a Waste Disposal Agreement with Cedar Bayou Park Utility District. City Attorney, Ignacio Ramirez stated that agenda item 3.g. was not ready for consideration. The agenda item was postponed to the October 12, 2017, Council Meeting. A motion was made by Council Member Robert C. Hoskins and seconded by Council Member Laura Alvarado approving to postpone agenda item 3.g. to the October 12, 2017, Council Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Approved 3.h. Consider an ordinance ratifying and extending the Order of the Mayor regarding plats for existing single-family dwelling units damaged in Hurricane Harvey and temporary structures placed within the City in accordance with Chapter 22 "Civil Emergencies," Article IV" Post-Disaster Management," Division 2 "Emergency Waiver for Post-Disaster Temporary Accommodations" of the Code of Ordinances, Baytown, Texas. Mr. Ramirez stated that this agenda item is related to declared emergencies where the City won't be requiring plats in situations, whereas, someone repairing their house would ordinarily be required if not platted. Additionally, he stated that Ordinance No. 13,579 ratify such order by the Mayor. A motion was made by Mayor Pro Tern Chris Presley and seconded by Council Member Laura Alvarado approving Ordinance No. 13,579, regarding agenda item 3.h. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tem Chris Presley City Council Regular Meeting Minutes September 14,2017 Page 17 of 22 Nays: None Approved ORDINANCE NO. 13,579 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND EXTENDING THE ORDERS ISSUED BY THE MAYOR PURSUANT TO THE TEXAS DISASTER ACT OF 1975, REGARDING PLATS FOR TEMPORARY STRUCTURES AND EXISTING SINGLE-FAMILY DWELLING UNITS DAMAGED IN HURRICANE HARVEY; PROVIDING NOTICE; PROVIDING SEVERABILITY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED RESOLUTIONS b. Consider a resolution authorizing the City to submit a grant application to the U.S. Department of Justice, Bureau of Justice Assistance, for the Edward Byrne Memorial Justice Assistance Grant ("JAG") Program, FY2017 Local Solicitation on behalf of the Baytown Police Department. A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem Chris Presley approving Resolution No. 2494 regarding agenda item 4.b. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tem Chris Presley Nays: None Approved RESOLUTION NO. 2494 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM, FY2017 LOCAL SOLICITATION ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED NINETEEN THOUSAND FOUR HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS ($19,485.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF City Council Regular Meeting Minutes September 14,2017 Page 18 of 22 GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. DISCUSSIONS a. Discuss the possibilities of a golf course in the City of Baytown. Council Member McCartney presented the agenda item and stated that he along with two (2) other colleagues brought forward the topic of possibly bringing a golf course to Baytown in light of the changes with regards to the hotel convention center, as well as, the fact that it's listed in the strategic plan and Imagine Baytown. He stated that there are not many amenities in Baytown for adults and a quality facility such as a golf course that include a fitness center, a youth center, and other amenities would help make for a complete community. He noted that some Baytown students are going to other cities for golf practices. Additionally,he stated that Baytown is one of the largest cities in the state that don't have a golf course and having one should be reconsidered. Council Member Sain that he was surprised that the citizens voted against having the golf course and felt that it was because of the misconception of the funding source for such. He stated that he hates that Baytown students have to travel outside of the community to golf. Additionally, he stated that a golf course would complement the hotel conference center and attract others to come to Baytown. Council Member Hoskins stated that if looking at some of the things that impacted the vote with regards to this topic, he would say that Council wouldn't want to do it if the vote failed by an overwhelming majority. He stated that because of the issues at the time that may have given a negative impact causing voters to vote against the golf course has since been corrected, the topic should be revisited. He stated that the study the City had that went public indicated that a golf course would be very successful, particularly the one design as it was setup to host a major LPGA tournament. He stated one of the things not mentioned was the intent of adding additional holes to that course for handicap golf. Additionally, he stated that the golf course was not given a fair chance for consideration due to other issues surrounding and should be reconsidered. Pam Warford and Chet Theiss both registered to speak regarding agenda item 5.a. Mrs. Pam Warford stated that the third strategic directive from Imagine Baytown is community amenities which included the key initiatives of recruitment of family entertainment venues and creating and executing waterfront development and usage. She stated that with the completion of Highway 99, the City need to offer amenities that would entice developers and home owners to invest in the Baytown area that include the Bayland Park Conference Center, water amenities, and a golf course. She stated that golfers have various ages ranging from young to old. She noted that Baytown students are traveling to cities smaller than Baytown just to practice golf. Mrs. Warford stated that some vacations are planned around the ability to play golf and that golfers travel long distances, spend money, and want to live near a golf course. She stated that there's a void since the closing of the Country Club golf course and the City now has the opportunity to replace it with a clubhouse at Evergreen large enough for social gatherings, events, and meetings. City Council Regular Meeting Minutes September 14,2017 Page 19 of 22 Mr. Chet Theiss stated that Mr. Mike Wilson could not be present and asked him to read some of his points regarding this agenda item, as he served on the Image Strategic Plan Committee. Mr. Theiss stated that Mr. Wilson's points were as follows: that the discussion is more than just about the golf course, but inclusive to golf, activities such as swimming, a fitness center, a youth center, and a fishing venue. He stated Mr. Wilson noted that Baytown directives is to build upon Baytown's rich history, since of community, bayside location, fuel economic vitality while creating an opportunity for all residents to enjoy an exceptional quality of life. Additionally, Mr. Theiss stated that there was information included in the plans that had not made it to the public and this consideration would be a step in the direction of obtaining more amenities to draw others to live in Baytown. During further discussion, Mayor DonCarlos inquired as to what Council should do with this regard. Council Member McCartney stated that he proposed securing the property while it is still available and plan towards developing it. Council Member Presley stated he look at what's been done downtown on old Texas Avenue and in the year 2007, there was very narrow margin of defeat with its regard. He stated that the traction was a seven (7) year wait and hard to come by, but that he also looks at the success seven (7) years later. Additionally, he stated that he could see possibility,perhaps at a future date,if the hotel conference center is proven and becomes very successful. Council Member Hoskins stated that he would not be in favor of any kind of program unless the vote goes back to the citizens. During further discussion, Mayor DonCarlos stated that in hearing from the large group of citizens earlier during the meeting and hearing the troubling comment that the perception is that Council does not listen to the citizens, the citizens voted no on the golf course, so he's a bit reluctant to throw that vote away. He stated that there was tremendous amount of work putting that golf course package together and noted that every municipal golf course loses money. Additionally, he stated that Council needed to understand that the City would have to subsidize this golf course. Council Member Alvarado stated that there should be a discussion of the golf course, but it would be more effective at a later date. Council Member Sain stated that he's received comments from citizens with regards to a golf course and he suggested to them to get a petition to have it placed on the election ballot. He stated that he also noted to them that a win from the election doesn't mean that Council would be subject to spend the money to build it, but shows in a renewed interest from the citizens. Council Member McCartney stated that the suggestion was going to be done, but that the legal department stated that it couldn't be done, so the process was stopped. Mr. Ramirez stated that a petition could be done that shows citizens interests, which could whey on Council that it's what the citizens want,but it can't be an election. City Council Regular Meeting Minutes September 14,2017 Page 20 of 22 6. CONSENT A motion was made by Mayor Pro Tern Chris Presley and seconded by Council Member Charles Johnson approving consent agenda items 6.a. through 6.d. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tern Chris Presley Nays: None Approved a. Consider an ordinance authorizing Change Order No. 3 to LEM Construction Company, Inc, for the CDBG Non-Housing Central District Wastewater Treatment Plant Flood Improvement Project. ORDINANCE NO. 13,580 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 3 WITH LEM CONSTRUCTION CO., INC., FOR THE CDBG NON-HOUSING CENTRAL DISTRICT WASTEWATER TREATMENT PLANT FLOOD IMPROVEMENT PROJECT, IN THE AMOUNT OF THREE THOUSAND NINE HUNDRED EIGHTY-TWO AND 48/100 DOLLARS ($3,982.48); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the purchase of six Traffic Signal Controller Cabinets and related equipment from Trafficware Group, Inc. ORDINANCE NO. 13,581 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY-TWO THOUSAND THREE HUNDRED FIFTY AND NO/100 DOLLARS ($232,350.00) TO TRAFFICWARE GROUP, INC., FOR THE SOLE SOURCE PURCHASE OF SIX (6) TRAFFIC SIGNAL CONTROLLER CABINETS AND RELATED EQUIPMENT FOR THE ADAPTIVE TRAFFIC SIGNAL CONTROL SYSTEM DAMAGED BY HURRICANE HARVEY; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes September 14,2017 Page 21 of 22 c. Consider an ordinance renewing the Annual Janitorial Supplies contract to Great Southwest Paper. ORDINANCE NO. 13,582 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL JANITORIAL SUPPLIES CONTRACT WITH GREAT SOUTHWEST PAPER AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FIFTY-FIVE THOUSAND THREE HUNDRED TWENTY-THREE AND 20/100 DOLLARS ($55,323.20); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing payment to Goose Creek Consolidated Independent School District for ad valorem tax assessment and collection services. ORDINANCE NO. 13,583 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT FOR AD VALOREM TAX ASSESSMENT AND COLLECTION SERVICES FOR FY 2016-2017 TO GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF SIXTY-NINE THOUSAND SEVEN HUNDRED NINETY-FIVE AND NO/100 DOLLARS ($69,795.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. MANAGER'S REPORT a. The Baytown Farmer's Market at Town Square will be held at Town Square on the third Saturday of each month from September through May from 8:00 A.M.- 12:00 P.M. Director of Parks and Recreation, Scott Johnson presented the agenda item and stated that the Baytown Farmer's Market at Town Square would be held at Town Square on the third Saturday of each month starting September through May from 8:00 A.M. - 12:00 P.M. He noted that Brian Guidry would also perform in September. Council Member Sain recognized several entities for providing food to the Baytown community after Hurricane Harvey. Mayor DonCarlos acknowledged public works for assisting with the debris removal after the storm and recommended to the public to direct anyone being denied FEMA assistance to the DRC located at the Baytown Community Center from 7:00 A.M -7:00 P.M. daily. 9. ADJOURN City Council Regular Meeting Minutes September 14,2017 Page 22 of 22 A motion was made by Council Member Laura Alvarado and seconded by Council Member Terry Sain adjourning the September 14, 2017, City Council Regular Meeting. The vote was as follows: Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council Member Robert C. Hoskins, Council Member David McCartney, Council Member Laura Alvarado, Council Member Terry Sain, Mayor Pro Tern Chris Presley Nays: None Approved With there being no further business to discuss, Mayor DonCarlos adjourned the September 14, 2017, City Council Regular Meeting at 10:51 P.M. V t� iv r0` t;rpNR Y sn *'N. . a g "4 rf Iii b N (. eticia Brysch, City ClemW a• � City of BaytownSt,