2018 12 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
December 13, 2018
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
December 13, 2018, at 6:36 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
Chris Presley
Council Member
Heather Betancourth
Council Member
Brandon Capetillo
Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor DonCarlos convened the December 13, 2018, City Council Regular Meeting with a
quorum present at 6:36 P.M., all members were present with the exception of Council Member
Himsel who was absent.
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 September 27, 2018.
A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tern
Charles Johnson approving the September 27, 2018, City Council Work Session and Regular
Meeting minutes. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
City Council Regular Meeting Minutes
December 13, 2018
Page 2 of 17
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Mr. Michael Palmer requested to appear before the Council regarding the need for
bike lanes in the City of Baytown.
Mr. Michael Palmer stated that bike lanes are needed in the City of Baytown as it's difficult for
pedestrians and bikers to share lanes. Additionally, he noted that this would enhance mobility
and promote good health and fitness.
b. Presentation of the Police Purple Heart Medal to Officer Rooming Bi.
Police Chief, Keith Dougherty presented to Officer Rooming Bi the Police Purple Heart Medal
for his service on September 29, 2018. Chief Dougherty stated that Officer Bi made contact with
an intoxicated driver who was passed out behind the wheel of his vehicle with his foot on the
brake and the transmission in drive. He stated that Officer Bi entered the vehicle through the
passenger door, whereas, the driver woke up and attacked him. Chief Dougherty stated that
Officer Bi was able to deploy his taxer at the suspect and hold him at bay until other officers
were able to respond. He further stated that Officer Bi was transported to the hospital as he
sustained multiple injuries. Additionally, Chief Dougherty stated that in recognition for his
bravery and willingness to risk his life in the service of the Citizens of Baytown, Officer
Rooming Bi was awarded the Police Purple Heart.
C. Recognize Baytown Firefighters Robert Hebert, Alfred Duran, Keith Lowell, and
Aaron McNeil for their efforts in fighting the devastating California Woolsey Fire.
Fire Chief, Kenneth Dobson recognized the Baytown Fire Department TIFMAS (Texas Intrastate
Fire Mutual Aid System) unit along with four (4) personnel that included Firefighters Robert
Hebert, Alfred Duran, Keith Lowell, and Aaron McNeil for their efforts in fighting the
devastating California Woolsey Fire located in south of the Simi Valley in Ventura County. He
stated that the fire burned approximately 100,000 acres, destroyed over 1,500 structures and
killed three (3) people. Additionally, Chief Dobson noted that the team was deployed to southern
California on November 12 and returned to Baytown on November 21.
3. VOLUNTARY ANNEXATION OF APPROXIMATELY 31.3 ACRES OF LAND
a. Conduct the second public hearing regarding the proposed voluntary annexation of
approximately 31.3 acres, save and except, approximately 3.5 acres previously annexed by
Ordinance Number 627-A, located on the north side of Massey Tompkins Road and
addressed as 2015 Massey Tompkins Road, legally described as part of Tract 3, C Smith
Survey, Abstract 69, Harris County, Texas.
At 6:49 P.M., Mayor Capetillo opened and conducted the second public hearing regarding the
proposed voluntary annexation of approximately 31.3 acres, save and except, approximately 3.5
acres previously annexed by Ordinance Number 627-A, located on the north side of Massey
City Council Regular Meeting Minutes
December 13, 2018
Page 3 of 17
Tompkins Road and addressed as 2015 Massey Tompkins Road, legally described as part of
Tract 3, C Smith Survey, Abstract 69, Hams County, Texas.
Director of Planning and Community Development, Tiffany Foster presented a summary of
the agenda item which also relates to agenda item 3.b. She noted that this particular tract had a
development agreement and under the new annexation laws the City could still voluntary annex
land and include the types of services to be provided, which in this case was provided to Council
at the first public hearing. Mrs. Foster stated that this second public hearing completes the
annexation process and will be followed by the first and second readings of such annexation.
Additionally, she noted that the land would automatically be zoned as Open Space Recreation
(OR), but at the time when the property owner would like to develop the land for anything else
other than a park, they would have to go through a rezoning process.
With there being no one registered to speak regarding agenda item 3.a., Mayor Capetillo closed
the second public hearing at 6:52 P.M.
b. Consider an ordinance for the first reading of the proposed voluntary annexation of
approximately 31.3 acres, save and except, approximately 3.5 acres previously annexed by
Ordinance Number 627-A, located on the north side of Massey Tompkins Road and
addressed as 2015 Massey Tompkins Road, legally described as part of Tract 3, C Smith
Survey, Abstract 69, Harris County, Texas.
Mrs. Foster presented agenda item 3.b. which was the first reading of agenda item 3.a. and stated
that there would be a second reading of the same described voluntary annexation.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Chris Presley approving Ordinance No. 13,960, regarding agenda item 3.b. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
Approved
ORDINANCE NO. 13,960
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE
EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS, AND THE ANNEXATION OF APPROXIMATELY 31.3
City Council Regular Meeting Minutes
December 13, 2018
Page 4 of 17
ACRES, SAVE AND EXCEPT, APPROXIMATELY 3.5 ACRES
PREVIOUSLY ANNEXED BY ORDINANCE NUMBER 627-A, LOCATED
ON THE NORTH SIDE OF MASSEY TOMPKINS ROAD AND ADDRESSED
AS 2015 MASSEY TOMPKINS ROAD, LEGALLY DESCRIBED AS PART
OF TRACT 3, C SMITH SURVEY, ABSTRACT 69, HARRIS COUNTY,
TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS
THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN,
TEXAS.
4. PROPOSED ORDINANCES
a. Consider an ordinance approving Change Order No. 3 to the Baytown Area Water
Authority 6 MGD Surface Water Treatment Plant Project between the Baytown Area
Water Authority and PLW Waterworks, LLC.
Director of Engineering, Jose Pastrana presented the agenda item and noted that all agreement all
agreements must be approved by Council before being approved by BAWA. He stated that the
BAWA Board of Directors approved this change order, subject to City Council's approval, at
its meeting on December 05, 2018. He stated that during a meeting with the contractor to engage
them for valued engineering efforts for this project, it was agreed upon to delete the backup
generator from this project in an effort to reduce costs. He stated that since then, it was
determined that it was better to keep the generator in place; therefore, Change Order No. 3
restores the backup generator and its appurtenances in whole for the exact same amount that was
reduced to the project value of $1,658,000.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Laura Alvarado approving Ordinance No. 13,961, regarding 4.a. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
Approved
ORDINANCE NO. 13,961
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING CHANGE ORDER NO. 3 TO THE BAYTOWN AREA
WATER AUTHORITY 6 MOD SURFACE WATER TREATMENT PLANT
PROJECT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND
PLW WATERWORKS, LLC; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
City Council Regular Meeting Minutes
December 13, 2018
Page 5 of 17
b. Consider an ordinance awarding the Sludge and Grit Removal Project at the
Central District Wastewater Treatment Plant aeration basins to Magna -Flow
Environmental, Inc.
Public Works Director, Frank Simoneaux presented the agenda item and stated that Ordinance
No. 13,962 authorizes the award of the Sludge and Grit Removal Project to Magna -Flow
Environmental, hic., in the amount of $638,844.00, to remove over 3,336 cubic yards of sludge
and grit from the bottom of the aeration basins at the Central Wastewater Treatment Plant. He
stated that for several years the plant operated without a grit removal system which has
caused the solids to accumulate to the point that the blowers which provide air necessary for
aerobic digestion of the wastewater to not function properly further causing the plant to exceed
its permitted discharge levels for ammonia. Mr. Simoneaux stated that cleaning the basins would
bring the plant into compliance and within the discharge limits. Additionally, he stated that a grit
removal system is currently operating at the plant and future projects to remove solids should be
done on a regular basis of about every four (4) years and should be less costly at that point.
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member
Robert C. Hoskins approving Ordinance No. 13,962, regarding agenda item 4.b. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
Approved
ORDINANCE NO. 13,962
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF MAGNA-FLOW ENVIRONMENTAL,
INC., FOR THE SLUDGE AND GRIT REMOVAL PROJECT AT THE
CENTRAL DISTRICT WASTEWATER TREATMENT PLANT AERATION
BASINS; AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH
MAGNA-FLOW ENVIRONMENTAL, INC., FOR THE SLUDGE AND GRIT
REMOVAL PROJECT AT THE CENTRAL DISTRICT WASTEWATER
TREATMENT PLANT AERATION BASINS; AUTHORIZING PAYMENT
NOT TO EXCEED THE SUM OF SIX HUNDRED THIRTY-EIGHT
THOUSAND EIGHT HUNDRED FORTY-FOUR AND NO/100 DOLLARS
($638,844.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
December 13, 2018
Page 6 of 17
5. PROPOSED RESOLUTIONS
a. Consider a resolution granting consent to the inclusion of 369.706 acres out of
the Christian Smith League, Abstract 22, and the Thomas Shepherd Survey, Abstract
229, Chambers County, Texas, into Chambers County Improvement District No. 1.
Assistant City Attorney, Karen Homer presented the agenda item and stated that Resolution No.
2553 grants consent to the inclusion of 369.706 acres out of the Christian Smith League,
Abstract 22, and the Thomas Shepherd Survey, Abstract 229, Chambers County, Texas, into
Chambers County Improvement District No. I (the "District'). She stated that this property is
just north of its current boundary, south of the boundary of CCID #2, and west of Highway 99.
Additionally, she noted that the request was made by the Board of Directors of the District, all of
the landowners along with thew lienholders.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Chris Presley approving Resolution No. 2553, regarding agenda item 5.a. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
Approved
RESOLUTION NO. 2553
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT TO THE INCLUSION OF 369.706 ACRES
OUT OF THE CHRISTIAN SMITH LEAGUE, ABSTRACT 22, AND THE
THOMAS SHEPHERD SURVEY, ABSTRACT 229, CHAMBERS COUNTY,
TEXAS, WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE
CITY OF BAYTOWN, TEXAS, INTO CHAMBERS COUNTY
IMPROVEMENT DISTRICT NO. 1; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider a resolution supporting the creation of the Chambers County Municipal
Utility District No. 2, and providing such district the authority to impose assessments, fees,
and taxes and to issue bonds.
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December 13, 2018
Page 7 of 17
Mrs. Horner presented the agenda item and stated that Resolution No. 2554 the legislation for the
creation of the Chambers County Municipal Utility District No. 2 (the "MUD"). She stated that
City Council will have another opportunity to discuss this matter once the legislation is
created to consent to the creation of the District, in which at that time the City's requirements
relative to developing and improving the land would be considered.
Council Member Presley made mention that when it's time to consider the consent for the
developer's agreement that the developers should provide more details regarding the mixed lot
widths, as well as, the product.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Robert C. Hoskins approving Resolution No. 2554, regarding agenda item 5.b. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
Approved
RESOLUTION NO. 2554
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, SUPPORTING THE PASSAGE OF A BILL RELATING TO THE
CREATION OF THE CHAMBERS COUNTY MUNICIPAL UTILITY
DISTRICT NO. 2; GRANTING A LIMITED POWER OF EMINENT DOMAIN;
PROVIDING AUTHORITY TO ISSUE BONDS; PROVIDING AUTHORITY
TO IMPOSE ASSESSMENTS, FEES AND TAXES; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
C. Consider a resolution supporting the creation of the Chambers County Municipal
Utility District No. 3, and providing such district the authority to impose assessments, fees,
and taxes and to issue bonds.
Mrs. Homer presented the agenda item and stated that Resolution No. 2555 also supports the
legislation for the creation of the Chambers County Municipal Utility District No. 3 (the
"MUD").
A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tent
Charles Johnson approving Resolution No. 2555, regarding agenda item 5.c. The vote was as
follows:
City Council Regular Meeting Minutes
December 13, 2018
Page 8 of 17
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
Approved
RESOLUTION NO. 2555
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, SUPPORTING THE PASSAGE OF A BILL RELATING TO THE
CREATION OF THE CHAMBERS COUNTY MUNICIPAL UTILITY
DISTRICT NO.3; GRANTING A LIMITED POWER OF EMINENT DOMAIN;
PROVIDING AUTHORITY TO ISSUE BONDS; PROVIDING AUTHORITY
TO IMPOSE ASSESSMENTS, FEES AND TAXES; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
6. CONSENT
A motion was made by Council Member Chris Presley and seconded by Council Member Robert
C. Hoskins approving consent agenda items 6.a. through 6.j. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
Approved
a. Consider an ordinance authorizing an Industrial District Agreement
with Chambers County Logistics Terminal, LP, for Building No. 8.
ORDINANCE NO. 13,963
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 CHAMBERS COUNTY LOGISTICS TERMINAL, LP;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
December 13, 2018
Page 9 of 17
b. Consider an ordinance authorizing an Interlocal Agreement with Harris County
Flood Control District for the maintenance of the 40-toot bridge located approximately 228
feet upstream of South Civic Drive.
ORDINANCE NO. 13,964
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 AN INTERLOCAL
AGREEMENT WITH THE HARRIS COUNTY FLOOD CONTROL DISTRICT
CONCERNING THE MAINTENANCE OF THE 40-FOOT BRIDGE
LOCATED APPROXIMATELY 228 FEET UPSTREAM OF SOUTH CIVIC
DRIVE, HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing a Service Agreement with Unum Group, as
the carrier/administrator for the City of Baytown's stop loss coverage.
ORDINANCE NO. 13,965
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 A SERVICE AGREEMENT WITH UNUM
GROUP AS THE CARRIER/ADMINISTRATOR FOR THE CITY OF
BAYTOWN'S STOP LOSS COVERAGE; AUTHORIZING PAYMENT OF AN
AMOUNT NOT TO EXCEED ONE MILLION FIVE HUNDRED FORTY
THOUSAND AND NO/100 DOLLARS ($1,540,000.00) FOR THE SPECIFIC
AND AGGREGATE STOP LOSS COVERAGE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Consider an ordinance renewing an agreement with The Lincoln National Life
Insurance Company as the carrier/administrator for the City of Baytown's long-term
disability benefits.
ORDINANCE NO. 13,966
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE AGREEMENT WITH THE LINCOLN NATIONAL
LIFE INSURANCE COMPANY AS THE CARRIER/ADMINISTRATOR FOR
THE CITY OF BAYTOWN'S LONG-TERM DISABILITY BENEFITS;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED ONE HUNDRED EIGHTY THOUSAND AND NO/100
DOLLARS ($180,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
December 13, 2018
Page 10 of 17
e. Consider an ordinance authorizing an agreement with Labor First LLC dba Retiree
First for Retiree Medicare Supplemental Insurance under the medical carrier Humana.
ORDINANCE NO. 13,967
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AGREEMENT WITH LABOR FIRST,
LLC,D/B/A RETIREE FIRST FOR RETIREE MEDICARE SUPPLEMENTAL
INSURANCE FOR THE CALENDAR YEAR OF JANUARY 1, 2019,
THROUGH DECEMBER 31, 2019; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIX HUNDRED
FIFTY-EIGHT THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($658,500.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
L Consider an ordinance awarding the Annual Fire Uniforms Contract with Galls,
LLC, formally known as Red the Uniform Tailor, through a cooperative agreement with
the City of Frisco.
ORDINANCE NO. 13,968
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AWARDING THE ANNUAL FIRE UNIFORM CONTRACT TO
GALLS, LLC, F/K/A RED THE UNIFORM TAILOR, THROUGH A
COOPERATIVE AGREEMENT WITH THE CITY OF FRISCO, FOR THE
PURCHASE OF FIRE UNIFORMS; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED SIXTY-FIVE
THOUSAND AND NO/100 DOLLARS ($65,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing a service agreement with Xerox Corporation for
the lease of multi -function devices.
ORDINANCE NO. 13,969
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY-
TWO THOUSAND AND NO/100 DOLLARS ($132,000.00) TO XEROX
CORPORATION FOR THE LEASE OF MULTI -FUNCTION DEVICES
THROUGH THE TEXAS DEPARTMENT OF INFORMATION RESOURCES;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
h. Consider an ordinance authorizing the Interlocal Agreement for Emergency
Services with Harris County Emergency Services District No. 75.
City Council Regular Meeting Minutes
December 13, 2018
Page 11 of 17
ORDINANCE NO. 13,970
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 AN INTERLOCAL AGREEMENT FOR
EMERGENCY SERVICES WITH HARRIS COUNTY EMERGENCY
SERVICES DISTRICT NO. 75; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
I. Consider an ordinance authorizing the payment of an annual assessment to
the Harris County Appraisal District.
ORDINANCE NO. 13,971
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF AN ANNUAL ASSESSMENT
TO THE HARRIS COUNTY APPRAISAL DISTRICT FOR APPRAISAL
SERVICES FOR THE 2019 TAX YEAR IN AN AMOUNT NOT TO EXCEED
TWO HUNDRED TWENTY-THREE THOUSAND EIGHT HUNDRED
SIXTY-FIVE AND NO/100 DOLLARS ($223,865.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
j. Consider an ordinance authorizing the City Manager to Negotiate a Professional
Service Agreement with Public Management for the Administration of Disaster Recovery
Funding.
ORDINANCE NO. 13,972
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT
FOR THE ADMINISTRATION OF DISASTER RECOVERY FUNDING WITH
PUBLIC MANAGEMENT, INC.; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THREE HUNDRED
SIXTY-THREE THOUSAND FIVE HUNDRED THIRTY-EIGHT AND NO/100
DOLLARS ($363,538.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
a. Consider the appointment of Mr. Brandon Capetillo, City of Baytown Mayor, to fill
the unexpired term of former Mayor Stephen H. DonCarlos to the Baytown Municipal
Development District.
City Council Regular Meeting Minutes
December 13, 2018
Page 12 of 17
City Clerk, Leticia Brysch presented the agenda item and considered the appointment of Mr.
Brandon Capetillo, City of Baytown Mayor, to fill the unexpired term of former Mayor Stephen
H. DonCarlos to the Baytown Municipal Development District. Additionally, she stated that
Mayor Capetillo's appointment would begin on December 13, 2018, and end May 31, 2019, and
at such will be appointed for another term.
A motion was made by Mayor Pro Tern Charles Johnson and seconded by Council Member
Laura Alvarado approving the appointment of Mr. Brandon Capetillo, City of Baytown Mayor to
fill the unexpired term of former Mayor DonCarlos. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
Approved
b. Consider four (4) appointments to the Community Development Advisory
Committee.
Mrs. Brysch presented the agenda item and considered the four (4) appointments of Ms. Terry
Presley, District 5; Ms. Mary Flores, At -Large; Mr. Luis Munoz, At -Large; and Mr. Norman
Barnett, At -Large to the Community Development Advisory Committee (CDAC), in which the
terms begin January 01, 2019, and ending December 31, 2021. Additionally, she noted that
Districts 3 and 6 appointments were vacant.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Heather Betancourth approving the four appointments of Ms. Terry Presley, District 5; Ms. Mary
Flores, At -Large; Mr. Luis Munoz, At -Large; and Mr. Norman Barnett, At -Large to the
Community Development Advisory Committee (CDAC). The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
Approved
C. Consider two (2) appointments to the Baytown Animal Control Advisory
Committee.
City Council Regular Meeting Minutes
December 13, 2018
Page 13 of 17
Mrs. Brsych presented the agenda item to consider two (2) appointments to the Baytown Animal
Control Advisory Committee. She stated that both Mr. Richard W. Park who, serves as an
Interested Citizen and Mr. Jay Tyler Garrett Jr., who serves as a representative from an Animal
Welfare Organization desire reappointment to the board. She noted that there was no application
on file for the Interested Citizen position, but there's was an application from Ms. Lou Sisk, a
resident and local owner of an animal rescue non-profit organization who would like Council's
consideration for the Animal Welfare Organization position.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Laura Alvarado approving the appointments of Mr. Richard W. Park and Mr. Jay Tyler Garrett
Jr. to the Baytown Animal Control Advisory Committee. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
Approved
d. Consider four (4) appointments to the Planning and Zoning Commission.
Mrs. Bryych presented the agenda item to consider four (4) appointments to the Planning and
Zoning Commission (P&Z). She stated that the terms for Mr. Spencer Carries, District 6; Mr.
Pete Cote, District 4; and Ms. Donna Winfrey, City Manager Real Estate Agent expires on
December 31, 2018, but they all desired reappointment. She further stated that Mr. Benjamin
Boul's, a District 2 appointment term also expire on the same date, however, he requested not to
be reappointed, which leaves a vacant position on the P&Z Commission.
Mrs. Brsych noted that Mr. Boul would continue to serve in his position until such time that
someone else is appointed.
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member
Chris Presley approving the appointments of Mr. Spencer Carnes, District 6; Mr. Pete Cote,
District 4; and Ms. Donna Winfrey, City Manager Real Estate Agent to the Planning and Zoning
Commission. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
City Council Regular Meeting Minutes
December 13, 2018
Page 14 of 17
Approved
e. Consider one (1) City Manager's appointment to the Civil Service Commission.
Mrs. Brysch presented the agenda item and considered the City Manager's appointment of Mr.
Dennis Amujo to the Civil Service Commission. Additionally, she noted that the members of this
board were term limited unless Council had a two-thirds majority vote in favor of the
commissioner.
A motion was made by Council Member Laura Alvarado and seconded by Mayor Pro Tem
Charles Johnson approving the City Manager's appointment of Mr. Dennis Araujo to the Civil
Service Commission. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tom Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
Approved
L Conduct the election of the Baytown City Council Mayor Pro Tem.
Mrs. Brysch presented the agenda item to conduct the election of the Baytown City Council
Mayor Pro Tem. She stated that in the year 2011, Council adopted rules regarding the Mayor Pro
Tem to include a six (6) month term on a rotating basis. Additionally, she stated that Council
Member Betancourth was next for consideration as Mayor Pro Tem.
The newly elected Mayor Pro Tem shall serve for six months, beginning January 01, 2019, and
ending on June 30, 2019.
A motion was made by Mayor Pro Tem Charles Johnson and seconded by Council Member
Laura Alvarado approving the election of Council Member Betancourth as the Mayor Pro Tem
for the term beginning January 01, 2019 through June 30, 2019. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
Approved
City Council Regular Meeting Minutes
December 13, 2018
Page 15 of 17
8. APPEAL
a. Conduct an appeal hearing regarding the Fire Chiefs decision to uphold the Fire
Marshal's finding that the 14-foot-wide access gate restricting access into the James Place
Subdivision does not meet the provisions of the Fire Code.
At 7:08 P.M., Mayor Capetillo opened and conducted an appeal hearing regarding the Fire
Chief s decision to uphold the Fire Marshal's finding that the 14-foot-wide access gate restricting
access into the James Place Subdivision does not meet the provisions of the Fire Code.
Additionally, he swore in all who testified.
Chief Dobson presented a timeline of events that led up to this appeal hearing. He stated that the
property owner of such location had a rod iron fence and automated access gate installed. He
stated that a short time afterwards, they contacted the Fire Marshal's office to come and put a
lock on the gate control, which is part of the code requirement. He stated that when the Fire
Marshal went out to the property and inquired when the gate was installed he was informed that
it was recently installed, which at that point the Fire Marshal realized it was installed without a
permit; therefore, the fire department was unaware of such installation. Chief Dobson stated that
in discussion with the property owner, the Fire Marshal approved a variance from the original
code requirement that reduced the required fire lane opening from 24 to 20 feet for access
purposes. He stated that the property owner decided to appeal the decision of the Fire Marshal, in
which the appropriate process is that the appeal is made to the Fire Chief. Chief Dobson stated
that he reviewed and further denied the appeal and agreed with the Fire Marshal's modification
reducing the opening to 20 feet to allow the fire department access.
Chief Dobson stated that Mr. Samson Artis, who lives on the property and who was involved in
the installation requested a meeting with him to further discuss the requirement and the
appeal. He stated that he and Mr. Artis walked the property together, but afterwards he had more
concerns to include there being only one (1) access point for four (4) buildings of eighteen
attached residents, as well as, there being no hydrants to assist with a fire if necessary. He stated
that he contacted Mr. Atria and informed him that the decision to deny the appeal and affirm the
Fire Marshal's decision would still stand. Additionally, Chief Dobson further explained to Mr.
Artis that he could appeal the Fire Chief s decision.
Chief Dobson provided a photo of the property and noted that there was a private hydrant next to
a fence in between buildings that's not maintained by the City and therefore would not be used in
the event of an operation. He noted that the residents are attached and having a fire to any one of
them could quickly move to another one and the water on the fire trucks would not suffice to
fight such fire. Additionally, he stated that the modification recommended would be the only
way to get an established water supply to this community based on its layout.
Mr. Bernal was not present when called upon to present his testimony.
During closing statement, Mr. Bernal was not present and staff had no further comments
Mayor Capetillo closed the appeal hearing at 7:18 P.M.
City Council Regular Meeting Minutes
December 13, 2018
Page 16 of 17
b. Consider affirming, reversing or modifying the decision of the Fire Chief to uphold
the FSre Marshal's finding that the 14-foot wide access gate restricting access into the
James Place Subdivision does not meet the provisions of the Fire Code.
Chief Dobson noted for clarity purposes, that if the property owner had gone through the permit
process prior to installation they would have been informed of all the necessary requirements.
Council Member Alvarado inquired if the property owner would be able to sustain the additional
six (6) feet with the existing motor. In response to Council Member Alvarado's inquiry, Chief
Dobson stated that he was not sure.
Council Member Johnson inquired of the timeframe in which the property owner would have to
complete the recommended modification and what would be the consequence if the modification
was not done by the allowed timeframe given. It was noted that the property owner would have
15 days to comply with the modification and Chief Dobson stated that the property owner would
be given a fine if the modification was not done by the designated timeframe.
City Attorney, Ignacio Ramirez stated that if the property owner continued to not comply, the
City had the option of taking the case to the court to have the fence removed.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Chris Presley approving to affirm the decision of Chief Dobson and uphold the Fire Marshal's to
modify the required gate opening from 24 feet to 20 feet. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Heather Betancourth, Council Member Chris Presley
Nays: None
Other: Council Member David Himsel (Absent)
Approved
9. MANAGER'S REPORT
City Manager Davis noted that the next Council Meeting would be on January 10, 2019.
Additionally, he noted that he along with Mayor Capetillo would be in Dallas at the ICSC
Conference.
10. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Section 551.071 to seek the
advice of the City's attorneys on contemplated litigation.
City Council Regular Meeting Minutes
December 13, 2018
Page 17 of 17
At 7:27 P.M., Mayor Capetillo recessed into and conducted an executive session pursuant to
Section 551.071 to seek the advice of the City's attorneys on contemplated litigation.
At 7:55 P.M., Mayor Capetillo 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. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the December 13,
2018, City Council Regular Meeting at 7:55 P.M.
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