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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 City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes 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, City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes July 26,2018 Page 6 of 12 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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes 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. 1 , 01 A , • / , 1k_ Letic'a Brysch, City Clerk City of Baytown � i �nt�.A up.'& " °'+gib^ , ''''';',4.,!:),)A p ti✓• � �i7�u ‘` ,-4' m y,,�'a Y;,� n" G 1 tlati g \1�/ AA r f1`