2018 08 23 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
August 23, 2018
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August
23, 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 August 23, 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 Hoskins.
1. MINUTES
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on July 26, 2018.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Robert C. Hoskins approving the July 26, 2018, City Council Work Session and Regular
Meeting minutes. 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
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August 23,2018
Page 2 of 17
b. Consider approving the minutes of the City Council Special Budget Work Session
held on August 02, 2018.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Laura Alvarado approving the August 02, 2018, City Council Special Budget Work Session
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. Mr. Billy Barnett, Chairman of the Parks and Recreation Advisory Board,
presented the 2018 Parks and Recreation Annual Report.
Director of Parks and Recreation, Scott Johnson presented the report and stated that all of the
parks were doing well. Mr. Johnson proceeded to provide highlights of the report, but there were
technical difficulties with the recording.
b. Mrs. Pete Lester requested to appear before Council to announce the Baytown Area
Quilt Guild's (BAQG) Quilt Show scheduled for Friday, May 3 and Saturday, May 4, 2019,
at the Lee College Sports Arena, and to present the Health Department with a quilt to
thank staff for their efforts in supporting Keep Baytown Beautiful(KBB).
There were continued technical difficulties with the recording during the beginning of Mrs.
Lester's announcement, but she presented a quilt that included artwork from the Keep Baytown
Beautiful t-shirts.
c. Ms. Kristen Lovett requested to appear before the City Council to thank them and
staff for their support and participation in the A21's Walk for Freedom and to announce
the next scheduled walk event.
Ms. Lovett, a representative of the Beta Lambda Kappa, which is a chapter of the Beta Sigma
Phi Sorority,presented the agenda item and stated that on October 20, 2018, a Walk for Freedom
fundraising event was scheduled to take place in hundreds of cities across dozens of nations. She
stated that the event is operated by A21, a global anti-human trafficking organization determined
to eradicate human trafficking through awareness, intervention, and after care. She stated that
human trafficking is the fastest growing criminal industry in the world generating over $150
billion American dollars with only 1% of its victims ever having a chance of being rescued. Ms.
Lovett noted that Houston, Texas is considered to be a hub of human trafficking and according
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August 23,2018
Page 3 of 17
to a study, is the second highest in the nation for the number of calls to the National Human
Trafficking Hotline and Resource Center with Houston having the highest number of human
trafficking victims in the nation. She stated that according to the Texas Attorney General's
Office, Texas has over 300,000 human trafficking victims including 79,000 youth and minors
who have been forced into prostitution or other forms of sex trafficking. She stated that the
purpose of the walk is to fundraise and create awareness in the local communities, as well as,
become a catalyst for the rescue and restoration of the human beings being exploited. She further
stated that last year was A2 l's largest global campaign with over 400 walks in 50 countries, to
include the City of Baytown. Additionally, she expressed appreciation to the city staff that
participated in the past events and to those who would participate in future events.
d. Recognize City of Baytown Employees for their Years of Service.
Director of Human Resources, Carol Flynt presented the agenda item and recognized City of
Baytown Employees for their Years of Service.
5 Years
Marshall Pigg, Police Patrol Officer
10 Years
Thomas Adam, Firefighter
25 Years
Karen Horner, Assistant City Attorney
3. SPECIAL DISTRICT BUDGETS FISCAL YEAR 2018-19
a. Consider an ordinance approving the Baytown Crime Control and Prevention
District Fiscal Year 2018-19 Proposed Budget.
Director of Finance, Wade Nickerson presented the agenda item and stated that Ordinance No.
13,851, approves the Baytown Crime Control Prevention District ("CCPD") Fiscal Year 2018-
19 Proposed Budget. Additionally, he stated that the CCPD Board adopted the budget on July 10,
2018, and the City Council held a public hearing regarding this budget at its meeting on August
09, 2018.
A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tern
Charles Johnson approving Ordinance No. 13,851, regarding agenda item 3.a. 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
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August 23,2018
Page 4 of 17
Approved
ORDINANCE NO. 13,851
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FISCAL YEAR 2018-19 BUDGET SUBMITTED
BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL
AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
b. Consider an ordinance approving the Baytown Fire Control, Prevention, and
Emergency Medical Services District Fiscal Year 2018-19 Proposed Budget.
Mr. Nickerson presented the agenda item and stated that Ordinance No. 13,852, approves the
Baytown Fire Control, Prevention, and Emergency Medical Services District ("FCPEMSD")
Fiscal Year 2018-19 Proposed Budget. Additionally, he stated that the FCPEMSD Board adopted
the budget on July 17, 2018, and the City Council held a public hearing regarding the FCPEMSD
Budget at its meeting held on August 09, 2018.
A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern
Charles Johnson approving Ordinance No. 13,852, regarding agenda item 3.b. 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. 13,852
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FISCAL YEAR 2018-19 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.
c. Consider an ordinance approving the Baytown Area Water Authority Fiscal Year
2018-19 Proposed Budget.
Mr. Nickerson presented the agenda item and stated that Ordinance No. 13,853, approves the
Baytown Area Water Authority("BAWA") Fiscal Year 2018-19 Proposed Budget. Additionally,
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Page 5 of 17
he stated that the BAWA Board held a public hearing on the budget and adopted the same on
Wednesday, August 15, 2018.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member
Chris Presley approving Ordinance No. 13,853, regarding agenda item 3.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
ORDINANCE NO. 13,853
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER
AUTHORITY (BAWA) FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2018, AND ENDING SEPTEMBER 30, 2019; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
4. PROPOSED ORDINANCES
a. Consider an ordinance awarding a construction contract to Triple B Services, LLP,
for the 2018 Street Reconstruction Project.
Director of Engineering, Jose Pastrana presented the agenda item and stated that Ordinance No.
13,854, awards a construction contract to Triple B Services, LLP, for the 2018 Street
Reconstruction Project in an amount not to exceed $2,760,152.50, which includes a $50,000
owners contingency. Additionally, he stated that the scope of work includes the reconstruction of
sections of the following streets: Crestmont, Craigmont, and Goose Creek Drive.
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member
Laura Alvarado approving Ordinance No. 13,854, regarding agenda item 4.a. 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
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August 23,2018
Page 6 of 17
Approved
ORDINANCE NO. 13,854
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF TRIPLE B SERVICES, LLP, FOR THE
2018 STREET RECONSTRUCTION PROJECT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH TRIPLE B SERVICES, LLP, FOR SAID
PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF
TWO MILLION EIGHT HUNDRED TEN THOUSAND ONE HUNDRED
FIFTY-TWO AND 50/100 DOLLARS ($2,810,152.50); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing a Project Utility Adjustment Agreement and a
Utility Adjustment Agreement Amendment with Grand Parkway Infrastructure, LLC,
through the Texas Department of Transportation for SH99 Grand Parkway Segments H, I-
1 and I-2.
n and stated that this agreement Pastrana presented the agenda item a is for the relocation of
utilities related to the Highway 99 modifications being conducted by Texas Department of
Transportation (TxDOT). Additionally, he stated that the modifications are from Tri-City Beach
Road to I-10 at the costs of$643,515.00, which will be shared equally in the amount of
$321,757.50,between the City and TxDOT.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
David Himsel approving Ordinance No. 13,855, regarding agenda item 4.b. 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. 13,855
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE PROJECT UTILITY ADJUSTMENT
AGREEMENT AND A UTILITY ADJUSTMENT AGREEMENT
AMENDMENT WITH GRAND PARKWAY INFRASTRUCTURE, LLC,
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August 23,2018
Page 7 of 17
THROUGH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR SH99
GRAND PARKWAY SEGMENTS H, I-1 AND I-2; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN ACCORDANCE THEREWITH
IN THE AMOUNT OF THREE HUNDRED TWENTY-ONE THOUSAND
SEVEN HUNDRED FIFTY-SEVEN AND 50/100 DOLLARS ($321,757.50);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
c. Consider an ordinance authorizing a LED Streetlight Replacement Agreement with
CenterPoint Energy Houston Electric for the replacement and installation of light emitting
diodes (LED)for all City of Baytown street lights.
Senior Planner Manager, Nathan Dietrich presented the agenda item and stated that Ordinance
No. 13,856, authorizes a LED Streetlight Replacement Agreement with CenterPoint Energy
Houston Electric for the replacement and installation of light emitting diodes (LED) for all 5,213
City of Baytown street lights. He stated that because the current lights were being installed with
LED, this would replace the older ones for consistency. He stated that there are no upfront costs
and CenterPoint's current maintenance prices for the pole and light would not change. Mr.
Dietrich noted that there would be a significant kilowatt per hour savings and that the estimated
completion time for all replacements would be between 12 and 18 months. Additionally, he
stated that this project is for street lights governed by CenterPoint.
Council Member Presley inquired if there was a priority list and recommended consideration of
such, as some of the older areas of town may have lesser lighting. Mr. Dietrich stated that staff
would consider the recommendation. Council Member Presley further inquired if the current
lights strapped to electrical poles would remain or would the poles be replaced. Mr. Dietrich
stated that those would remain the same.
Council Member Alvarado inquired if these were the same lights already being replaced that
were reported for outages. In response, to Council Member Alvarado's inquiry, Mr. Dietrich
stated that the lights would be the same depending if it's a local street light.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Laura Alvarado approving Ordinance No. 13,856, regarding agenda item 4.c. 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. 13,856
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August 23,2018
Page 8 of 17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AN LED STREETLIGHT REPLACEMENT AGREEMENT WITH
CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance extending the term of temporary structure permits issued
for single-family dwelling units damaged or destroyed as a result of Hurricane Harvey for
six (6) months, authorizing the Chief Building Official to grant extensions of up to six
(6) months thereafter, and providing for an appeal process should the Chief Building
Official fail to grant a requested extension.
Director of Planning and Community Development, Tiffany Foster presented the agenda item
and stated that last year following Hurricane Harvey citizens were allowed through ordinance to
have temporary housing structures for living purposes on their primary home sites, although it
was a violation of the zoning code. She stated that the ordinance provided the citizens an
allowance of six (6) months and the building official the authority to give them another six (6)
months extension. Mrs. Foster stated that the current ordinance require the citizens to come
before the Council to request additional extensions, but staff recommended that the Council
give the building official the authority to give one (1) more additional extension and any other
extension requests afterwards would go through an application process explaining the reason for
the need of the temporary structure. She stated that there were about 55 structures permitted,
with approximately 26 still permitted and some that were never permitted, in which they would
be working with to get permitted. She stated that this will also put a timeline on when
the temporary structures should be moved. She stated that the initial process included staff
sending out notices to those who did not have permits to get them to come in, which would be
done again along with giving them a timeline with enforcement afterwards.
Council Member Himsel noted that in conversing with citizens many are still in litigation with
their insurance company, which is the cause of some of the delays in rebuilding. Mrs. Foster also
noted that federal funds were not released in some cases, as well, but staff would try and
work the citizens as much as possible.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Laura Alvarado approving Ordinance No. 13,857, regarding agenda item 4.d. 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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August 23,2018
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ORDINANCE NO. 13,857
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN EXTENSION OF THE TEMPORARY
STRUCTURE PERMITS UNTIL FEBRUARY 28, 2019; AUTHORIZING THE
CHIEF BUILDING OFFICIAL TO GRANT NEW TEMPORARY
STRUCTURE PERMITS WITH A TERM NO LONGER THAN FEBRUARY
28, 2019; AUTHORIZING THE CHIEF BUILDING OFFICIAL TO EXTEND
TEMPORARY STRUCTURE PERMITS UP TO AN ADDITIONAL SIX (6)
MONTHS IF CERTAIN CONDITIONS ARE SATISFIED; PROVIDING FOR
AN APPEAL FROM THE CHIEF BUILDING OFFICIAL'S DECISION; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5. PROPOSED RESOLUTIONS
a. Consider a resolution approving a reduction in rates charged by CenterPoint
Energy Resources Corporation, d/b/a CenterPoint Energy Entex and CenterPoint Energy
Texas Gas — Texas Coast Division, related to the reduction in the federal corporate tax
rate.
City Attorney, Ignacio Ramirez, presented the agenda item and stated that because of the
reduction from 35% to 21% in the corporate tax rate, the calculations that were agreed to in the
last rate case was lacking such information, so the utility company came forward and offered to
voluntarily reduce the rate. Additionally, he stated that the legal department, along with the
consultants reviewed the numbers and came to the conclusion that it was a fare reduction, in
which staff recommended approval.
A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern
Charles Johnson approving Resolution No. 2533, regarding agenda item 5.a. 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
RESOLUTION NO. 2533
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING A REDUCTION IN RATES CHARGED BY
CENTERPOINT ENERGY RESOURCES CORPORATION, D/B/A
CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS
GAS —TEXAS COAST DIVISION RELATED TO THE REDUCTION IN THE
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August 23,2018
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FEDERAL CORPORATE TAX RATE; FINDING THE REDUCTION IN
CENTERPOINT'S RATES TO BE JUST AND REASONABLE; DECLARING
AN EFFECTIVE DATE; REQUIRING DELIVERY OF THE RESOLUTION TO
THE COMPANY AND SPECIAL COUNSEL; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider a resolution naming the area that coincides with the boundaries of the City
of Baytown's Arts, Cultural, and Entertainment Zoning District.
Director of Strategic Initiatives, Nick Woolery presented the agenda item and stated that the
conclusion after several meetings regarding this specific agenda item resulted in naming the area
as the Downtown Arts District.
A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tern Charles
Johnson approving Resolution No. 2534, regarding agenda item 5.b. naming the area the
Downtown Arts District. 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
RESOLUTION NO. 2534
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, NAMING THE AREA THAT COINCIDES WITH THE
BOUNDARIES OF THE CITY OF BAYTOWN'S ARTS, CULTURAL, AND
ENTERTAINMENT ZONING DISTRICT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c. Consider a resolution authorizing the City Manager to submit a grant application to
the Anice Read Fund sponsored by the Texas Downtown Association on behalf of City of
Baytown Tourism Division.
Mr. Woolery presented the agenda item and stated that in an effort to put more public art in the
Downtown Arts District, Resolution No.2535, authorizes the City Manager to apply for a$4,000,
grant through the Texas Downtown Association on behalf of City of Baytown Tourism Division,
which will be matched through the existing Public Arts Fund.
A motion was made by Council Member Chris Presley and seconded by Council Member Robert
C. Hoskins approving Resolution No. 2535, regarding agenda item 5.c. The vote was as follows:
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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. 2535
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 ANICE READ
FUND SPONSORED BY THE TEXAS DOWNTOWN ASSOCIATION ON
BEHALF OF THE CITY OF BAYTOWN TOURISM DIVISION;
DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING
PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider a resolution authorizing the City of Baytown to submit a grant application
to the U.S. Department of Justice, Bureau of Justice Assistance, for the FY18 Edward
Byrne Memorial Justice Assistance Grant (JAG) Program on behalf of the Police
Department.
Police Chief, Keith Dougherty stated that this grant is one that the police department applies for
every year.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
David Himsel approving Resolution No. 2536, regarding agenda item 5.d. 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. 2536
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.
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August 23,2018
Page 12 of 17
DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR
THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
("JAG") PROGRAM, FY2018 LOCAL SOLICITATION ON BEHALF OF THE
BAYTOWN POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED
NINETEEN THOUSAND FIVE HUNDRED FORTY-SEVEN AND NO/100
DOLLARS ($19,547.00); DESIGNATING AN AUTHORIZED
REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF
GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
6. REPORTS
a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the
Quarter Ending June 30,2018.
Mr. Nickerson presented the City of Baytown's Quarterly Financial and Investment Reports for
the Quarter Ending June 30, 2018, and stated that the Finance Committee thoroughly
discussed the reports in detail on August 09, 2018. He stated that there was substantial discussion
due to the fact that some of the revenues were much higher than anticipated. He further stated
that the sales tax was up just over 14% compared to the prior year and that the general fund was
at 94% of budget, which was due to most of the property tax and IDA revenues being collected
early in the year. He stated that the water and sewer fund was at 75% and that the sanitation fund
was at 69% of budget, which was due to the revenues being collected in the rears.
Mr. Nickerson stated that the expenditures were at 72%with the general fund being under budget
overall. He stated that the trend is expected to continue and there were no foreseen overages
anticipated. He stated that aquatics, being a seasonal business, was at 60% and expected to meet
budget as usual. He stated that the water and sewer fund expenditures were at 75% as expected
and that the sanitation fund expenditures were a little behind,but expected to meet budget.
With regards to the investments, Mr. Nickerson stated that the end of quarter value was $176
million with an interest earning of 2.0125% having a yielded earning of $727,000, for the
quarter.
7. CONSENT
Council Member Hoskins requested more details regarding consent agenda item 7.c.
City Manager Davis stated that the City of Baytown is the beneficiary of a wildfire fighting
apparatus, which was deployed to the California fires, whereas two (2) of Baytown's firefighters
were engaged in such endeavor.
Fire Chief, Kenneth Dobson further explained that Task Force 1 was different than that of the
California deployment. He stated that Task Force 1 is a state program whereas, firefighters are
trained in a particular area of technical rescue hazmat and if there was any type of deployment
the firefighter would deploy with a team of firefighters across the state. He noted that the
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Page 13 of 17
example given referenced one of Baytown's firefighters that has a technical rescue background in
certifications was deployed to an area where some students in a college dorm died from a fire.
Chief Dobson stated that Fire Lieutenant Duran and Equipment Operator Hebert were the two
firefighters deployed in California as part of a TIFMAS Program, which is a state program for
wild land firefighting that usually don't respond out of state, but was a special call because of the
situation in California. Additionally, he stated with regards to Task Force 1, that occasionally a
firefighter will respond as part of a team and noted that there will probably be more added to the
team in the future.
Chief Dougherty noted that there's a member of the police department that does the same type of
training.
With regards to consent agenda item 7.f., Council Member Presley noted that there was
a previous discussion of providing a shade structure at the Town's Square, in which at that time
was a consensus from the board to do so and further requested if the possibility of such could be
revisited. Mr. Scott Johnson stated that there was a discussion with such regard, but it was not
funded and further stated that one of the reasons that they stayed away from putting shade
structures in the Town's Square was because it limits the park's use.
A motion was made by Council Member Chris Presley and seconded by Council Member Robert
C. Hoskins approving consent agenda items 7.a. through 7.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 the closeout and acceptance of the Public Works
Fuel Tanks Project, and release of retainage to BCK Interests, LLC. d/b/a Fuel Control
Solutions.
ORDINANCE NO. 13,858
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE PUBLIC WORKS FUEL TANKS PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF TWENTY-NINE
THOUSAND THREE HUNDRED FORTY AND 74/100 DOLLARS
($29,340.74) TO BCK INTERESTS, LLC, D/B/A FUEL CONTROL
SOLUTIONS FOR SAID PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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b. Consider an ordinance approving Change Order No. 1 to the Bay Oaks Harbor
Loop Streets Project with Angel Brothers Enterprises, LTD.
ORDINANCE NO. 13,859
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH ANGEL
BROTHERS ENTERPRISES, LTD, FOR THE BAY OAKS HARBOR
RECONSTRUCTION PROJECT, IN THE AMOUNT OF FIFTY-FOUR
THOUSAND EIGHT HUNDRED SIXTEEN AND NO/100 DOLLARS
($54,816.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
c. Consider an ordinance authorizing the Memorandum of Understanding with Texas
A&M Engineering Extension Service regarding Texas Task Force 1.
ORDINANCE NO. 13,860
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
MEMORANDUM OF UNDERSTANDING WITH TEXAS A&M
ENGINEERING EXTENSION SERVICES (TEEX) REGARDING TEXAS
TASK FORCE 1; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Consider an ordinance renewing the Contract for the Collection of Delinquent
Taxes and Payment in Lieu of Taxes with Randall B. Strong.
ORDINANCE NO. 13,861
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE AGREEMENT WITH RANDALL B. STRONG
FOR THE COLLECTION OF DELINQUENT TAXES AND PAYMENTS IN
LIEU OF TAXES AND BANKRUPTCY COLLECTIONS; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF THE
ADDITIONAL PENALTY PROMULGATED BY THE CITY COLLECTED
PURSUANT TO THE TAX CODE; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
e. Consider an ordinance awarding the annual Repair Clamps contract to ACT Pipe
and Supply.
ORDINANCE NO. 13,862
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF ACT PIPE & SUPPLY FOR THE
ANNUAL REPAIR CLAMPS CONTRACT AND AUTHORIZING PAYMENT
City Council Regular Meeting Minutes
August 23,2018
Page 15 of 17
BY THE CITY OF BAYTOWN IN THE AMOUNT OF NINETY-EIGHT
THOUSAND EIGHT HUNDRED EIGHT AND 07/100 DOLLARS
($98,808.07); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Consider an ordinance authorizing the purchase and installation of shade structures
for Unidad,Roseland and McElroy Parks through the Texas Local Government
Purchasing Cooperative (Buy Board) from USA Shade and Fabric Structures, Inc.
ORDINANCE NO. 13,863
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SEVENTY-
FOUR THOUSAND FOUR HUNDRED EIGHTY-EIGHT AND 62/100
DOLLARS ($174,488.62) TO USA SHADE AND FABRIC STRUCTURES,
INC., FOR THE PURCHASE AND INSTALLATION OF SHADE
STRUCTURES FOR UNIDAD, ROSELAND, AND MCELROY PARKS
THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING
COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
8. APPOINTMENTS
a. Consider one (1) appointment to the Baytown Construction Board of Adjustments
and Appeals.
City Clerk, Leticia Brysch presented the agenda item to consider one (1) appointment to the
Baytown Construction Board of Adjustments and Appeals. She stated that there's been a vacancy
on this board for the position of a Master Plumber, since the year 2015. She stated that a board
member application from Mr. Dustin Eaton was submitted on file, whereas, he works for Choice
Plumbers LLC on Pruett Street with 15 years of experience as a plumber.
Council Member Presley inquired if the application was received unsolicited. Mrs. Brysch stated
that the application was not solicited from the City Clerk's office and noted that the application
was received from the website then processed through to the planning department for their
review. Additionally, she noted that it was not uncommon for staff to ask citizens to consider
serving on a board, and specifically, there have been many attempts to fill this vacancy with
notices via the City's website, social media, and word of mouth through staff and Council, since
the year 2015.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Robert C. Hoskins approving the appointment of Mr. Dustin Eaton to the Baytown Construction
Board of Adjustments and Appeals. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Mayor Pro Tem Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Council
City Council Regular Meeting Minutes
August 23,2018
Page 16 of 17
Member Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
9. MANAGER'S REPORT
Mr. Scott Johnson noted that the open house for the Wetlands Center was scheduled for
Saturday, August 25, 2018, from 10:00A.M.-4:00P.M., to celebrate 20 years of being opened.
CityManager Davis stated that Baytown Tourism won three (3)
awards at the Annual Texas
Association and Convention and Visitor's Bureaus to include: The People's Choice Mobile
Site APP and The People Choice National Travel and Tourism Week Website for The Umbrella
Alley, and The Judges Choice for the National Travel and Tourism Week Website for The
Umbrella Alley.
10. EXECUTIVE SESSION
Council Member Presley left the meeting at 7:32 P.M.
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 on competitive procurement
matters.
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 with Goose Creek Live-Work, LLC., and to seek the advice of the City's
Attorneys on legal matters related thereto.
At 7:32 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 on
competitive procurement matters and pursuant to Sections 551.071 and 551.087 of the Texas
Government Code to deliberate the offer of a financial or other incentive with Goose Creek Live-
Work, LLC., and to seek the advice of the City's Attorneys on legal matters related thereto.
At 8:16 P.M., Mayor DonCarlos reconvened the Open Meeting of the Regular City Council
Meeting and announced that in accordance with Section 551.102 of the Texas Government Code,
no action was taken in the Executive Session.
11. MOTIONS
a. Consider whether to offer of a financial or other incentive with Goose Creek Live-
Work,LLC, for the multi-family dwelling complex located at 612 W. Texas Avenue.
City Council Regular Meeting Minutes
August 23,2018
Page 17 of 17
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
David Himsel approving to deny an incentive to Goose Creek Live-Work, LLC for the multi-
family dwelling complex located at 612 W. Texas Avenue.
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
Nays: None
Other: Council Member Chris Presley(Not Present for Vote)
Approved
12. ADJOURN
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Heather Betancourth adjourning the August 23, 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
Nays: None
Other: Council Member Chris Presley(Not Present for Vote)
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the August 23,
2018, City Council Regular Meeting at 8:17 P.M.
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