2017 09 28 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
September 28, 2017
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
September 28, 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
Rick Davis City Manager
Ignacio Ramirez City Attorney
Leticia Brysch City Clerk
Keith Dougherty Sergeant at Arms
Mayor DonCarlos convened the September 28, 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 Johnson.
1. MINUTES
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on July 13,2017.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Robert C. Hoskins approving the July 13, 2017, City Council Work Session and Regular
Meeting minutes. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Terry Sain, Mayor Pro Tern Chris Presley and Council Member
David McCartney
Nays: None
Approved
City Council Regular Meeting Minutes
September 28,2017
Page 2 of 11
b. Consider approving the minutes of the City Council Work Session and Regular
meetings held on August 10,2017.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Charles Johnson approving the August 10, 2017, City Council Work Session and Regular
Meeting minutes. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Terry Sain, Mayor Pro Tem Chris Presley and Council Member
David McCartney
Nays: None
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. The 12th Annual Grito Fest is scheduled for Saturday, October 7, 2017, at
Bicentennial Park.
Parks and Recreation Director, Scott Johnson presented the agenda item and stated that the City's
12th Annual Grito Fest is scheduled for Saturday, October 07, 2017, at Bicentennial Park, from
4:30 P.M. to 9:45 P.M. and admission is FREE. Mr. Jacob Schaffer, member of the Grito Fest
Committee expressed appreciation to the Council and staff for their continued support and
welcomed all of the public to attend this fun and family-friendly event. He stated that there will
be activities to include an outdoor concert with this year's headliner being Fito Olivares,
mariachis, various kid's activities, a jalapeno eating contest, salsa contest, accordion competition
and the much anticipated grito competition. Mr. Schaffer demonstrated the traditional Mexican
grito (yell) and staff presented a commercial of the upcoming event. Mayor DonCarlos thanked
the volunteers and staff that helped transforms this home-grown festival into the wonderful event
it is today and welcomed everyone to attend.
b. Representatives from Cedar Bayou Junior School presented the City Council and
staff thank you cards for their work and dedication to the community during Hurricane
Harvey.
Public Affairs Coordinator, Patti Jett presented the agenda item and stated that students from
Cedar Bayou Junior School undertook an assignment to make thank you cards for the City of
Baytown for all of the work that Council and Staff did during and after Hurricane Harvey. She
stated that the students felt that the entire community had been impacted from the disaster and
wanted to do something in order to give back to the community.
Representatives from the school presented the thank you cards to the members of Council and
thanked them for all of their hard work and dedication to their community during Hurricane
Harvey.
City Council Regular Meeting Minutes
September 28,2017
Page 3 of 11
c. Recognize City of Baytown Employees for their Years of Service.
Human Resources Director, Carol Flynt presented the agenda item and recognized City of
Baytown Employees for their Years of Service.
10 Years
Adan Espinoza, Mechanic
20 Years
Steve Ocanas, Police Officer
Rene Hinojosa, Police Officer
Robert Parker, Police Officer
3. PROPOSED ORDINANCES
a. Consider an ordinance authorizing the Year 3 Reopener Agreement with the
Baytown Municipal Police Association, Inc., to establish base compensation for Year 3 of
the Meet and Confer Agreement.
City Manager Davis presented the agenda item and stated that the Baytown Municipal Police
Association, Inc. (the "Association") agreement contains a provision calling for the agreement to
be opened in the event of a declared emergency. City Administration met with the Association
representatives and a decision was made to not make any changes to their existing compensation.
Assistant City Attorney, Deanie King stated that the original Meet & Confer Agreement has staff
gathering data for a market increase, which was completed and an agreement was reached. She
further stated that the declaration of emergency for Hurricane Harvey did incur an automatic
reopener of this agreement;however, the negotiation meeting was very quick as everyone agreed
on the terms that had already been negotiated.
A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern
Chris Presley approving Ordinance No. 13,584, regarding agenda item 3.a. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Terry Sain, Mayor Pro Tem Chris Presley and Council Member
David McCartney
Nays: None
Approved
City Council Regular Meeting Minutes
September 28,2017
Page 4of11
ORDINANCE NO. 13,584
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE YEAR 3 REOPENER AGREEMENT WITH
THE BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing a Waste Disposal Agreement with Cedar Bayou
Park Utility District.
Mayor DonCarlos noted that agenda item 3.b. was not ready and entertained a motion to suspend
this item to the October 26, 2017, Council Meeting.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
David McCartney approving to suspend item 3.b. to the October 26, 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, Council
Member Terry Sain, Mayor Pro Tern Chris Presley and Council Member
David McCartney
Nays: None
Approved
c. Consider an ordinance ratifying and extending the Order of the Mayor suspending
Chapter 86 "Solid Waste," Article II "Residential Solid Waste," Division 4 "Baytown
Green Center," Section 86-104 "Baytown Green Center," Subsection (c) "Load fee" of the
Code of Ordinances, Baytown, Texas, for eligible debris resulting from Hurricane Harvey
and deposited at the Baytown Green Center.
City Attorney, Ignacio Ramirez presented the agenda item and stated that Ordinance No. 13,585
extends the time frame for the Mayor's order waiving the City's Green Center fees until
December 31, 2017, in order to allow citizens extra time to deal with their Hurricane Harvey
debris.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 13,585,regarding agenda item 3.c. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Terry Sain, Mayor Pro Tem Chris Presley and Council Member
David McCartney
City Council Regular Meeting Mmutes
September 28,2017
Page 5 of 11
Nays: None
Approved
ORDINANCE NO. 13,585
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, RATIFYING AND
EXTENDING THE ORDER ISSUED BY THE MAYOR PURSUANT TO THE
TEXAS DISASTER ACT OF 1975, SUSPENDING CHAPTER 86 "SOLID
WASTE," ARTICLE II "RESIDENTIAL SOLID WASTE," DIVISION 4
'BAYTOWN GREEN CENTER," SECTION 86-104 'BAYTOWN GREEN
CENTER," SUBSECTION (C) "LOAD FEE" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, FOR ELIGIBLE DEBRIS RESULTING
FROM HURRICANE HARVEY AND DEPOSITED AT THE BAYTOWN
GREEN CENTER; PROVIDING NOTICE; PROVIDING SEVERABILITY;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
4. PROPOSED RESOLUTIONS
a. Consider a resolution calling for three (3) special meetings of the City Council to be
held on (i) Thursday, October 05, 2017, at 5:00 P.M.; (ii) Tuesday, October 10, 2017, at
5:30 P.M.; and (iii)Thursday,November 02,2017, at 5:00 P.M.
Planning and Community Development Director, Tiffany Foster presented the agenda item and
stated that Resolution No. 2495 calls for three (3) special City Council meetings for (i)
Thursday, October 05, 2017, at 5:00 P.M.; (ii) Tuesday, October 10, 2017, at 5:30 P.M.; and (iii)
Thursday, November 02, 2017, at 5:00 P.M. She stated that these meetings are needed in order
to complete the City's five (5) area annexations and noted that the final action for these
annexations will take place at the Council's regular meeting scheduled for November 20, 2017.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Laura Alvarado approving Resolution No. 2495, 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 Laura Alvarado, Council
Member Terry Sain, Mayor Pro Tem Chris Presley and Council Member
David McCartney
Nays: None
Approved
City Council Regular Meeting Minutes
September 28,2017
Page 6 of 11
RESOLUTION NO. 2495
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CALLING SPECIAL COUNCIL MEETINGS TO BE HELD IN THE
COUNCIL CHAMBER OF CITY HALL OF THE CITY OF BAYTOWN ON
OCTOBER 5, 2017, AT 5:00 P.M., OCTOBER 10, 2017, AT 5:30 P.M., AND
NOVEMBER 2, 2017, AT 5:00 P.M.; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider a resolution nominating a person to serve on the Board of Directors of the
Harris County Appraisal District.
City Clerk, Leticia Brysch presented the agenda item and stated that Resolution No. 2496 allows
the City Council to nominate a representative to the Board of Directors of the Harris County
Appraisal District("HCAD"). She stated that Mayor DonCarlos presented his nomination of Mr.
Mike Sullivan, former Harris County Tax Assessor-Collector to replace Mr. Ed Heathcott who
does not wish to serve another term.
A motion was made by Council Member Terry Sain and seconded by Council Member David
McCartney approving Resolution No. 2496,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 Laura Alvarado, Council
Member Terry Sain, Mayor Pro Tem Chris Presley, and Council Member
David McCartney
Nays: None
Approved
RESOLUTION NO. 2496
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD
OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5. REPORTS
a. Receive the effective and rollback tax rate calculation for the 2017 tax year (Fiscal
Year 2018).
Finance Director, Wade Nickerson presented the agenda item and stated that this item allows the
Council to receive this year's effective and rollback tax rates. He stated that this year's effective
tax rate is at $0.85373 per $100 valuation, and the rollback rate is $0.85441 per $100 valuation.
City Council Regular Meeting Minutes
September 28,2017
Page 7 of 11
Mr. Nickerson further stated that because the City's tax rates were lower than both the effective
and rollback rates, Council would not require any further action regarding this item.
6. CONSENT
A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member David
McCartney approving consent agenda items 6.a. through 6.f. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Terry Sain, Mayor Pro Tem Chris Presley, and Council Member
David McCartney
Nays: None
Approved
a. Consider an ordinance authorizing the closeout, acceptance, and fmal payment for
the 2016 Annual Sanitary Sewer Rehabilitation Year 2,with Texas Pride Utilities,LLC.
ORDINANCE NO. 13,586
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE 2016 ANNUAL SANITARY SEWER
REHABILITATION YEAR 2 PROJECT; AUTHORIZING FINAL PAYMENT
OF THE SUM OF TWENTY-FOUR THOUSAND THREE HUNDRED
NINETY-FOUR AND 30/100 DOLLARS ($24,394.30) TO TEXAS PRIDE
UTILITIES, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider an ordinance renewing the 2016 Annual Sanitary Sewer Rehabilitation
Project Year 3 with Texas Pride Utilities, LLC.
ORDINANCE NO. 13,587
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE 2016 ANNUAL SANITARY SEWER
REHABILITATION PROJECT FOR YEAR 3 WITH TEXAS PRIDE
UTILITIES, LLC; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
FOR SUCH RENEWAL IN AN AMOUNT NOT TO EXCEED ONE MILLION
AND NO/100 DOLLARS ($1,000,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
c. Consider an ordinance authorizing a construction contract with Traf-Tex, Inc., for
the Hunt Road and North Main Traffic Signal Project.
City Council Regular Meeting Minutes
September 28,2017
Page 8 of 11
ORDINANCE NO. 13,588
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,ACCEPTING THE BID OF TRAF-TEX, INC., FOR THE HUNT ROAD
AND NORTH MAIN TRAFFIC SIGNAL PROJECT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH TRAF-TEX, INC., FOR SAID PROJECT;
AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF TWO
HUNDRED TWENTY-NINE THOUSAND TWO HUNDRED NINE AND
10/100 DOLLARS ($229,209.10); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance approving a contract with the Bay Area Rehabilitation
Center for park cleaning,janitorial services and litter removal.
ORDINANCE NO. 13,589
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
BAY AREA REHABILITATION CENTER FOR PARK CLEANING,
JANITORIAL SERVICES, AND LITTER REMOVAL; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED NINETY-FIVE THOUSAND TWO HUNDRED SEVENTY-SEVEN
AND NO/100 DOLLARS ($95,277.00); MAKING OTHER PROVISIONS
RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
e. Consider an ordinance authorizing the purchase of two (2) Jacobsen HR700 - 14
Foot Bat Wing Mowers from Textron, Inc., through the National Joint Powers Alliance
(NJPA) cooperative contract.
ORDINANCE NO, 13,590
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY-
EIGHT THOUSAND ONE HUNDRED FORTY-NINE AND 96/100
($138,149.96) TO TEXTRON, INC., FOR THE PURCHASE OF TWO (2)
JACOBSEN HR700 -14 FOOT BAT WING MOWERS THROUGH THE
NATIONAL JOINT POWERS ALLIANCE (NJPA); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
f. Consider an ordinance authorizing the purchase of a prefabricated restroom
building for McElroy Park through the Texas Local Government Purchasing Cooperative
(Buy Board)from Restrooms Facilities Limited.
City Council Regular Meeting Minutes
September 28,2017
Page 9 of 11
ORDINANCE NO. 13,591
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTY-
SEVEN THOUSAND FIVE HUNDRED THIRTEEN AND NO/100 DOLLARS
($157,513.00) TO RESTROOMS FACILITIES LIMITED THROUGH THE
TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY
BOARD), FOR A PREFABRICATED RESTROOM BUILDING FOR
MCELROY PARK; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
7. APPOINTMENTS
a. Consider three (3) appointments to the Animal Control Advisory Committee.
Mrs. Brysch presented that agenda item to consider the three (3) appointments of Chief Keith
Dougherty (Chief of Police); Mr. Mike Lester (Director of Health); and Dr. Cynthia Lipps,
(Veterinarian) to the Animal Control Advisory Committee. She stated that all members desire
reappointment for another two-year term and staff recommended approval.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Laura Alvarado approving the re-appointments of Chief Keith Dougherty, Mike Lester and Dr.
Cynthia Lipps to the Animal Control Advisory Committee. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Terry Sain, Mayor Pro Tern Chris Presley, and Council Member
David McCartney
Nays: None
Approved
Mayor DonCarlos stated that the agenda would be taken out of order and considered agenda
items 9.a. and 9.b.
9. MANAGER'S REPORT
a. The Baytown Parks and Recreation is pleased to announce that Lee College's
Theater Division will offer FREE family friendly entertainment at Town Square! "Peril on
the Mighty Mississippi" is scheduled for Friday, September 29th and Saturday, September
30th starting at 8 PM both evenings.
Parks and Recreation Director, Scott Johnson presented the agenda item and stated that the
Baytown Parks and Recreation will partner with Lee College's Theater Division to offer FREE
City Council Regular Meeting Minutes
September 28,2017
Page 10 of 11
family friendly entertainment at Town Square, Friday, September 29th and again on Saturday,
September 30th at 8:00 P.M. for their performance of"Peril on the Mighty Mississippi".
b. Present information regarding the 2017 Cards For Troops Campaign.
Assistant City Manager, Kevin Troller presented the agenda item and stated that this is the sixth
(6) year that the City participated in the Card for Troops Campaign, in which this year the City
wrote 5,800 holiday cards that were sent out to troops deployed off the waters of Japan.
8. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Section 551.071 to seek the
advice of the City's attorneys in which the duty of the City's attorneys 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 6:56 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to
Texas Government Code, Section 551.071 to seek the advice of the City's attorneys in which the
duty of the City's attorneys 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 7:56 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
Mayor DonCarlos noted that City Manager Davis had a few more announcements for the
Council as a part of his manager's report.
City Manager Davis commended public works employee for their work in returning a photo
album lost during Hurricane Harvey to its owners and noted that the Public Works crews that
worked on debris removal were commended as outstanding by members of the public. He also
commended the Tourism Division for winning three (3) state-wide awards at this year's Texas
Association of Conventions and Visitors' Bureau (TACBV). City Manager Davis announced that
the local Houston San Jacinto Methodist Hospital commended the Fire Department for their help
in partitioning rooms during the closure of other hospital and the superintendent of the new
Hilton Garden Inn commended the Planning and Development Services Department as well as
other departments for their excellent work and support in getting this project completed.
Additionally, he congratulated Baytown Police Officers, Troy Crawford and Brad Turner for
completing their peace officer training certification.
10. ADJOURN
A motion was made by Council Member Terry Sain and seconded by Council Member Charles
Johnson adjourning the September 28, 2017, City Council Regular Meeting. The vote was as
follows:
City Council Regular Meeting Minutes
September 28,2017
Page 11 of 11
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 28,
2017, City Council Regular Meeting at 8:03 P.M.
I _T ak aGv 4 a°: /r!
i „fn i 94`yh.d
s'
Leticia Brysch, City Cl-
City
l City of Baytown #� i ,