2018 07 26 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
July 26, 2018
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 26,
2018, 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 Himsel Council Member
Chris Presley Council Member
Heather Betancourth 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 July 26, 2018, 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 scheduled for June 28,2018.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Chris Presley approving the June 28, 2018, City Council Work Session and Regular Meeting
minutes. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
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July 26,2018
Page 2 of 12
b. Consider approving the minutes of the City Council and Planning and Zoning
Commission Joint Meeting scheduled for Thursday,June 14, 2018.
A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern
Charles Johnson approving the June 14, 2018, City Council and Planning and Zoning
Commission Joint Meeting minutes. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. 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.
40 Years
Carol Howell, Finance Accountant I
3. SPECIAL DISTRICT BUDGET
a. Receive the Fiscal Year 2018-19 Budget for the Baytown Fire Control, Prevention,
and Emergency Medical Services District.
Finance Director, Wade Nickerson presented the agenda item for the Council to receive
the Baytown Fire Control, Prevention, and Emergency Medical Services District ("FCPEMSD")
Fiscal Year 2018-19 budget. He stated that the FCPEMSD Board of Directors approved this
budget on Tuesday, July 17, 2018, and it would be included in the a public hearing scheduled for
August 9th, for consideration of Council's approval.
4. MUNICIPAL BUDGET FISCAL YEAR 2018-19
a. Receive the City Manager's proposed municipal budget and budget message for
Fiscal Year 2018-19.
City Manager Davis presented the agenda item for Council to receive the municipal budget for
Fiscal Year 2018-19 and further stated that a budget workshop is tentatively scheduled for
August 2nd for such.
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July 26,2018
Page 3 of 12
b. Consider an ordinance setting the date, time and place for a public hearing
regarding the City of Baytown Fiscal Year 2018-19 Proposed Budget.
Mr. Nickerson presented the agenda item and stated that Ordinance No. 13,815, sets the public
hearing regarding the City of Baytown Fiscal Year 2018-19 Proposed Budget for Thursday,
August 09, 2018, at 6:45 P.M. in the City Council Chamber of Baytown City Hall.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Chris Presley approving Ordinance No. 13,815, regarding agenda item 4.b. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,815
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, SETTING A DATE, TIME AND PLACE FOR A PUBLIC HEARING
ON THE PROPOSED FISCAL YEAR 2018-2019 MUNICIPAL BUDGET;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
c. Consider a resolution setting a budget work session to discuss the Fiscal Year 2018-
19 Municipal Budget.
Mr. Nickerson presented the agenda item and stated that Resolution No. 2530 sets a budget work
session on August 02, 2018, at 5:00 P.M., to discuss the Fiscal Year 2018-19 Municipal Budget.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Robert C. Hoskins approving Resolution No. 2530, regarding agenda item 4.c. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson Council
Member Robert C. Hoskins, Council Member David Himsel, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
City Council Regular Meeting Minutes
July 26,2018
Page 4 of 12
RESOLUTION NO. 2530
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON
AUGUST 2, 2018, AT 5:00 P.M IN THE COUNCIL CHAMBER OF CITY
HALL OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Receive the Certification of the 2018 Anticipated Collection Rate from the City of
Baytown Tax Assessor/Collector.
Mr. Nickerson presented the agenda item for Council to receive such certification and stated that
the City of Baytown Tax Assessor/Collector certified the anticipated tax collections for the 2018
tax year to be 100%, in accordance with Section 26.04(b) of the Texas Property Tax Code.
5. PROPOSED ORDINANCES
a. Consider an ordinance on the third and fmal reading extending and granting a
natural gas franchise with CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy
Texas Gas Operations.
Mayor DonCarlos noted that the City Charter currently requires that all franchise agreements be
read in its entirety three (3) times before Council adopts it, in which this particular franchise
agreement was 20 pages long. He further noted that in the interest of saving time, the librarian
provided her services and read the agreement, which was recorded.
The third and final reading was read via electronic recording.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Laura Alvarado approving Ordinance No. 13,795, regarding agenda item 5.a. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,795
AN ORDINANCE GRANTING TO CENTERPOINT ENERGY RESOURCES
CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS, THE
RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, INSTALL,
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July 26,2018
Page 5 of 12
EXTEND, REMOVE, REPLACE, ABANDON, OPERATE AND MAINTAIN
ITS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY
OF BAYTOWN, TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE
AND DISTRIBUTION OF NATURAL GAS; CONTAINING OTHER
PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING
FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
b. Consider an ordinance authorizing the Second Amendment to the Agreement for
Professional Services and Employment as City Manager with Richard L. Davis or the
negotiation and execution thereof.
Mayor DonCarlos presented the agenda item and noted that he, along with the Council, were
pleased with City Manager Davis's performance.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member
Chris Presley approving Ordinance No. 13,816, regarding agenda item 5.b. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,816
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE
AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT AS
CITY MANAGER WITH RICHARD L. DAVIS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
6. PROPOSED RESOLUTIONS
a. Consider a resolution canceling the City Council Regular Meeting scheduled for
Thursday, October 11, 2018.
City Clerk, Leticia Brysch presented the agenda item and stated that Resolution No. 2531 cancels
the City Council Regular Meeting scheduled for Thursday, October 11, 2018, in order to
accommodate the Council and City Management travels and participation in this year's TML
Conference, which is scheduled in the City of Fort Worth from October 10 - 12, 2018.
Additionally, she stated that staff will place all items that require Council's review and/or action
on the meetings before and after October 11th.
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July 26,2018
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A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member
Robert C. Hoskins approving Resolution No. 2531, regarding agenda item 6.a. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
RESOLUTION NO. 2531
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CANCELING THE REGULAR COUNCIL MEETING SCHEDULED
TO BE HELD ON OCTOBER 11, 2018; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
7. REPORTS
a. Receive a report from the Economic Development Affiance regarding Year One of
the Economic Development Services Agreement for the 2017 - 2020 Tourism and
Promotional Services.
Mr. Chad Burke, President/CEO of the Economic Development Alliance "EDA", presented a
report to the Mayor and City Council regarding Year One of the Economic Development
Services Agreement for the 2017-2020 Tourism and Promotional Services and further introduced
Fred Welch, the Vice President of the EDA. Mr. Burke stated that the footprint of the EDA is the
25 mile reach of the ship channel, which includes 12 cities, Harris County, Port Houston, along
with 250 private sector members. He noted that they're the largest single petrochemical complex
in the nation.
Mr. Burke stated that their policy committee addresses the critical issues in this region on a
federal level in Washington DC, as well as, a state level in Austin Texas. With regards to
workforce development, he stated that their job is to market the careers in the region; therefore,
their speakers' bureau takes the pathways of such jobs to the high schools targeting the junior
and senior classes. He stated that in the year 2016, there were 50 presentations with 5,222
contacts and in the year 2017, there were 72 presentations with 12,909 contacts. He further stated
that to date there were 37 presentations with 3,615 contacts, in which they anticipate more
presentations and contacts for the year 2018.
Mr. Burke stated that their transportation committee is made by the stakeholders contributing to
the services, such as: Regional Mayors, East Harris County Manufacturing Association, Port of
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July 26,2018
Page 7 of 12
Houston Authority, Harris County, TxDOT, HGAC, and BayTran. He noted that there's lots of
traffic in the region and that 28 projects with such regard is being addressed.
Mr. Burke stated that the Quality of Life Committee brought forward a mini-mural grant
program, whereas there's a $5,000 matching grant for beautification projects that the San Jacinto
Texas Historic District Board provided. He stated that several of the cities already have or plan
to participate in this program and further noted that their legislative kickoff lunch is scheduled
for December 5th.
Mr. Fred Welch presented details regarding the economic development portion of the report and
stated that the footprint of about 459 square miles represents approximately 880,000 people, in
which 10% of that population is in Baytown. He noted that over the last 10 years the alliance was
part of 59 projects worth approximately $9 billion in capital investments and 5,000 jobs. Mr.
Welch stated that of the projects that come across his desk, 60%were petrochemical followed by
logistics and further noted that the petrochemical industry is driving the economy being that for
every one (1)job created from the business of chemistry, 6.8 jobs are created in other sectors.
Council Member Hoskins noted to Mr. Burke that Hwy 146 is a busy highway and employed the
EDA's assistance with its traffic problem. In response to Council Member Hoskins comment,
Mr. Burke stated he would take the feedback to TxDOT.
Mayor DonCarlos noted that the reports for agenda items 7.b. and agenda item 8.b., were not
ready to be received.
7.b. Receive the City of Baytown's Quarterly Financial and Investment Reports for the
Quarter Ending June 30, 2018.
8.b. Consider an ordinance renewing the Contract for the Collection of Delinquent
Taxes and Payment in Lieu of Taxes with Randall B. Strong.
A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem
Charles Johnson approving to postpone agenda items 7.b. and 8.b. until the end of August. The
vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
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July 26,2018
Page 8of12
8. CONSENT
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern Charles
Johnson approving consent agenda items 8.a. and 8.c. through 8.f. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tern Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
a. Consider an ordinance authorizing an Industrial District Agreement with Hunting
Energy Services, Inc.
ORDINANCE NO. 13,817
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH HUNTING ENERGY SERVICES, INC.; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
c. Consider an ordinance authorizing an Interlocal Agreement with the Baytown Fire
Control, Prevention, and Emergency Medical Services District for the Fire Training Field
Debt Service.
ORDINANCE NO. 13,818
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO THE AGREEMENT FOR FIRE TRAINING
FACILITY DEBT SERVICE WITH THE BAYTOWN FIRE CONTROL,
PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing a budget appropriation transfer in the Fire
Control, Prevention and Emergency Medical Services District's FY 2017-18 Budget within
the capital line items from Radio & Testing (84045) to Machinery & Equipment (84042) to
enable the Baytown Fire Department to upgrade the current Knox Box System.
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July 26,2018
Page 9 of 12
ORDINANCE NO. 13,819
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR
2017-18 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE
BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY
MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
e. Consider an ordinance renewing the Annual Medical Supplies Contract to
BoundTree Medical, Inc.
ORDINANCE NO. 13,820
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL MEDICAL SUPPLIES CONTRACT
WITH BOUNDTREE MEDICAL, INC., AND AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, IN THE AMOUNT OF SIXTY-FOUR
THOUSAND ONE HUNDRED EIGHTY-FOUR AND 93/100 DOLLARS
($64,184.93); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Consider an ordinance awarding a construction contract to General Contractor
Services, Inc., through the USA General Services Administration (GSA), for a Hydro-Stop
Roofmg Project at the Baytown City Hall and the Baytown Police Department.
ORDINANCE NO. 13,821
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED EIGHTEEN
THOUSAND THREE HUNDRED TWENTY-FIVE AND NO/100 DOLLARS
($218,325.00) TO GENERAL CONTRACTOR SERVICES, INC., THROUGH
FEDERAL SUPPLY SCHEDULE 84 OF THE UNITED STATES GENERAL
SERVICES ADMINISTRATION FOR HYDRO-STOP ROOFING PROJECT
AT THE BAYTOWN CITY HALL AND THE BAYTOWN POLICE STATION;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
9. MANAGER'S REPORT
Director of Strategic Initiatives, Nick Woolery recognized Jason Pederson and Tim Lancon for
achieving the black belt level of the PIPE program.
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July 26,2018
Page 10 of 12
10. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Texas Government Code,
Section 551.071 to seek the advice of the City's attorneys regarding Cause No. 2018-30042;
City of Baytown v. Patrick Mahoney, in the 295th Judicial District Court of Harris County,
Texas.
b. Recess into and conduct an executive session pursuant to Sections 551.071 and
551.087 of the Texas Government Code to deliberate the offer of a fmancial or other
incentive to a business prospect and to seek the advice of the City's attorneys on legal
matters related thereto.
Mayor DonCarlos cautioned the Council against engaging in a discussion with those registered
to speak regarding agenda item 10.a, because of a pending lawsuit. He opened the floor so that
each registered person could speak regarding the agenda item.
David Cox, Anthony Bruzzese, Timothy Rogers, Daniel Calhoun, J.D. Hebert, Charles
Murrell, John Adkins, Mary Ann Perez, and Dallas Webb all registered to speak regarding
agenda item 10.a.
Mr. Cox, Mr. Bruzzese, Mr. Rogers, Mr. Calhoun, Mr. Hebert, Mr. Murrell, and Mr. Adkins all
deferred their speaking time to Mr. Webb.
Ms. Perez, a state representative, encouraged Council to take immediate action and reimburse
Mr. Mahoney for any out of pocket expenses incurred to date, as well as, dismisses any and all
appeals against Mr. Mahoney.
Mr. Webb, President of the Firefighters Association, requested that Council direct City
Administration to dismiss litigation against Mr. Mahoney, as well as, draft a policy to prevent
this type of situation from happening again. With regards to a second opinion,he stated that there
are checks and balances that workers compensation commonly has and noted that the doctors and
judges testimonies that were ruled in this case should not be rejected.
Mayor DonCarlos stated that he was disappointed on the way this matter was characterized and
reported in the press. He stated for clarity that his understanding was that Mr. Mahoney was
treated for his illness and is back working, as well as, Mr. Mahoney's treatment was paid for by
the City's health insurance policy.
Mayor DonCarlos stated that the issue at hand is the additional workers compensation benefits,
which covers out of pocket costs, as well as, death benefits. He stated that the City indicated its
willingness to pay Mr. Mahoney's out of pocket expenses pursuant to the workers
compensation determination on the state level. He noted that the City is not seeking anything
additional, compensation, or repayment from Mr. Mahoney. Mayor DonCarlos stated that the
issue from a legal stand point is a discretional one as to whether or not this particular illness is
covered on the World Health Organization's list as referred to in the state statues, in which
he's read and not found such; however he understands that it's also open to interpretation.
City Council Regular Meeting Minutes
July 26,2018
Page 11 of 12
He further noted that it is an unfortunate situation where Mr. Mahoney is named in this
particular appeal from the workers compensation decision and it is not in the City's desire to in
anyway bring any further pain or injury to Mr. Mahoney. Mayor DonCarlos further noted that a
request would be made to the legislature to change the appeal system with regards to workers
compensation, as there is no reason that the City should be involved in any type of litigation such
as this in the future.
Mayor DonCarlos stated that the City is only asking for definitive statutory judicial guidance as
to whether or not this particular illness should or should not be covered by workers
compensation, reason being is because if it is and certain other illnesses are found to be or put on
the presumptive illness list, it will have a massive financial impact on Texas cities and on the
ability that the City of Baytown have to help all employees regarding workers compensation
benefits, as workers compensation funds are limited. He further stated that the City does not wish
to minimize the impact of cancer on anyone and does not take this situation lightly. Additionally,
he stated that the City is in an unfortunate position through a legal system that's not prepared to
handle this particular situation in any other manner.
At 7:24 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 regarding
Cause No. 2018-30042; City of Baytown v. Patrick Mahoney, in the 295th Judicial District Court
of Harris County, Texas and pursuant to Sections 551.071 and 551.087 of the Texas Government
Code to deliberate the offer of a financial or other incentive to a business prospect and to seek
the advice of the City's attorneys on legal matters related thereto.
At 8:55 P.M., Mayor DonCarlos reconvened the Open Meeting of the Regular Meeting and
announced that in accordance with Section 551.102 of the Texas Government Code, no action
was taken in the Executive Session.
11. ADJOURN
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Chris Presley adjourning the July 26, 2018, City Council Regular Meeting. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Council
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
City Council Regular Meeting Minutes
July 26,2018
Page 12 of 12
With there being no further business to discuss, Mayor DonCarlos adjourned the July 26,
2018,I ity Council Regular Meeting at 8:56 P.M.
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