2019 09 12 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
September 12, 2019
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
September 12, 2019, at 6:37 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
Chris Presley
Council Member
Charles Johnson
Council Member
Heather Betancourth
Council Member
Robert Hoskins
Council Member
David Himsel
Council Member
Brandon Capetillo
Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Arms
Mayor Capetillo convened the September 12, 2019, City Council Regular Meeting with a
quorum present at 6:37 P.M., all members were present.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins.
1. MINUTES
Mayor Capetillo requested that agenda items La. through Le. be considered altogether.
A motion was made by Council Member Charles Johnson and seconded by Council Member
David Himsel approving the June 27, 2019, City Council Regular and Special Meetings; the July
11, 2019, Regular Meeting; the July 25, 2019, Work Session and Regular Meetings; and the
August 06, 2019, City Council Special Work Session Meeting minutes. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
City Council Regular Meeting Minutes
September 12, 2019
Page 2 of 17
a. Consider approving the minutes of the City Council Regular Meeting held on June
27, 2019.
It. Consider approving the minutes of the City Council Special Meeting held on June
27, 2019.
C. Consider approving the minutes of the City Council Regular Meeting held on July
11, 2019.
Although the work session was posted for July 1 lth, there were no items to discuss; therefore,
Mayor Pro Tom Hoskins, the presiding officer, canceled the meeting.
d. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on July 25, 2019.
e. Consider approving the minutes of the City Council Special Work Session held on
August 06, 2019.
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Present a proclamation designating October 1, 2019 as "NATIONAL NIGHT OUT"
in Baytown.
Mayor Capetillo presented to Police Chief Keith Dougherty a proclamation designating October
01, 2019 as "NATIONAL NIGHT OUT" in Baytown.
In an effort to increase participation in the community for National Night Out, a representative
from the Community Service Bureau noted that more information on the event could be obtained
via email at nno@baytown.org or by contacting 281-420-661.
3. CITY OF BAYTOWN PROPOSED TAX RATE
a. Conduct a public hearing at 6:45 P.M. on a proposal to adopt a tax rate of $0.80203,
which is effectively a 5.34 percent increase in the tax rate.
At 6:45 P.M., Mayor Capetillo opened and conducted a public hearing on a proposal to adopt a
tax rate of $0.80203, which is effectively a 5.34 percent (5.34%) increase in the tax rate.
Finance Director, Wade Nickerson presented the summary of the public hearing and noted that
the tax rate would not increase, but rather decrease from $0.8103 to $0.80203, as requested. He
noted that the tax rate would effectively go up by 5.34%, in which the effective rate pertained to
the City receiving more revenue from property that was on the tax roll last year, as well as, next
year as opposed to that of the previous year.
City Comet] Regular Meeting Minutes
September 12, 2019
Page 3 of 17
Mayor Capetillo inquired as to who determined the appraisal value of an individual's home. Mr.
Nickerson stated that appraisals were done by the respective counties, in which case would be
Hams or Chambers for Baytown.
Council Member Betancourth inquired if the revenue increases were taken into account for
industrial district agreements. In response to Council Member Betancourth's inquiry, Mr.
Nickerson stated that this agenda item pertained to property tax revenues only.
Council Member Hoskins inquired for clarity if the value of a property in a current year was
valued the same as it was the previous year, would the taxes increase or decrease. Mr. Nickerson
stated that the taxes would decrease with regards to the City's portion only.
Mayor Capetillo stated that another public hearing would be held regarding such agenda item on
Thursday, September 26, 2019, at 6:45 P.M., in the Council Chamber of the City Hall Building
located at 2401 Market Street, Baytown, Texas. Additionally, he stated that the City Council
would vote on the tax rate at the Special Council meeting to be held October 03, 2019, at 4:00
P.M., in the City Hall Council Chamber located at 2401 Market Street, Baytown, Texas.
With there being no one registered to speak regarding agenda item 3.a., Mayor Capetillo closed
the public hearing at 6:50 P.M.
4. PROPOSED ORDINANCES
a. Consider an ordinance authorizing the Collective Bargaining Agreement with
Baytown Professional Fire Fighters Association, Local 1173.
City Attorney, Ignacio Ramirez presented the agenda item and stated that Ordinance No. 14,156,
approves the collective bargaining agreement with Baytown Professional Fire Fighters
Association, Local 1173 (the "Union") for a term of three (3) years, with an automatic pay
increase each year. He stated that the contract was similar to those to which the parties have
agreed to in the past, but with some of the more substantive changes as follows:
1. Adds the prohibition to discriminate on the basis of sexual orientation;
2. Changes the maximum age for new hires from 40 years old to 36 years old;
3. Changes the probationary period for firefighters who are certified out of state and only
need to take the Texas test to 12 months, which begins on each firefighter's certification
date;
4. Adds reimbursement for relocation expenses for new hires to include moves inside the
City's ETJ;
5. Provides for closing cost reimbursements for firefighters moving into the city limits,
which is payable after successful completion of probation;
6. Allows the Union to have input in the creation of the overtime lists;
7. Increases the required donations to the Union business pool from 6 hours to 12 hours;
8. Adds or increases the following certificate pays:
a. College Degree Pay (Added), and
b. Paramedic Certification Pay (Increased from $400/month to $500/month);
City Council Regular Meeting Minutes
September 12, 2019
Page 4 of 17
9. Adds or increases the following assignment pays:
a. HAZMAT Assignment Pay (Increased from $75 to one of the following: $100 for
Hazmat Team Member, $125 for Hazmat Shift Leader and $150 for Hazmat
Coordinator);
b. Technical Rescue Team Assignment Pay (Added);
c. EMT-P FTO Assignment Pay (Increased from $50/month to $200/month);
d. Arson Investigator Assignment Pay (Added);
e. Fire Marshal Assignment Pay (Added); and
f. Administrative Pay (Added Equipment Operator to those entitled to receive this
pay);
10. Allows pre -merger Medics, now Lieutenants, who have become and maintained
firefighter certification, to promote beyond Lieutenants; and
11. Extends the time period to fill vacancies from 90 days to 120 days.
Additionally, Mr. Ramirez stated that the Union's membership voted to approve this contract and
staff also recommended approval.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Charles Johnson approving Ordinance No. 14,156, regarding agenda item 4.a. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 14,156
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing a Cost Share Agreement with KM 146 Partners,
LP, for the Old Needlepoint Road Regional Lift Station Project.
Director of Public Works and Engineering, Frank Simoneaux presented the agenda item and
stated that Ordinance No. 14,157, authorizes a Cost Share Agreement between the City of
Baytown (the "City") and KM 146 Partners, LP, ("KM 146") for the Old Needlepoint Road
Regional Lift Station Project (the "Project") and conjunction with the development of Chambers
County Project in the vicinity of Highway 146 and I-10. He stated that the City would pay a
City Council Regular Meeting Minutes
September 12, 2019
Page 5 of 17
proportional amount for the lift station and 100% of the costs to remove the public lift stations
that would be taken out of service. He stated that the agreement determines the cost share of the
construction and KM already hired an engineer, in which, the City would participate in the cost
for the design. He stated that the lift station project would be bid by the City and the construction
contract would be brought before Council for approval. He noted that there were two private lift
stations that would be given the opportunity to connect to the gravity in the area and there were
two Chambers County Mud 1 lift stations that could be taken out if they chose to participate.
Additionally, Mr. Simoneaux stated that a cost benefit analysis was complete which determined
that the regional lift station would result in lower operating maintenance costs long term and
staff recommended approval.
Council Member Himsel inquired if there was a cap in which the contractor could charge for
removal of the lift station. Mr. Simoneaux stated that the removal would be part of the
construction contract.
A motion was made by Mayor Pro Tem Robert C. Hoskins and seconded by Council Member
Chris Presley approving Ordinance No. 14,157, regarding agenda item 4.b. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 14,157
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 COST SHARE AGREEMENT WITH KM
146 PARTNERS, LP, FOR THE OLD NEEDLEPOINT ROAD REGIONAL
LIFT STATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY
THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS ($230,700.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
5.
a. Consider a resolution renaming the Children's Nature Discovery Area located in the
Baytown Nature Center to the "Billy Barnett Children's Nature Discovery Area".
City Council Regular Meeting Minutes
September 12, 2019
Page 6 of 17
Parks and Recreation Director, Scott Johnson presented the agenda item and stated that
Resolution No. 2608 renames the Children's Nature Discovery Area located in the Baytown
Nature Center to the "Billy Barnett Children's Nature Discovery Area". He stated that William
(Billy) Barnett was a major force behind the creation and ongoing success of the Baytown
Nature Center in Baytown and served as a board member of the Friends of the Baytown Nature
Center (BNC), since its creation in 2003, in which he served as President for the past eleven
years. He stated that Mr. Barnett served on the Parks and Recreation Advisory Board for 13
years and served as Chairman for the past two (2) years. Mr. Scott Johnson stated that Mr.
Barnett and the Friends of BNC led fund-raising efforts for many of the park amenities at the
BNC. He stated that the formal name change request was submitted by the Friends of the BNC
and placed on the August 14, 2019 Parks and Recreation Advisory Board meeting agenda,
whereas, the Board voted unanimously to approve the name change.
Martha Barnett was allowed to speak and expressed her appreciation for such honor for Mr.
Barnett.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Laura Alvarado approving Resolution No. 2608, regarding agenda item 5.a. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laws Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
RESOLUTION NO. 2608
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, NAMING THE CHILDREN'S NATURE DISCOVERY AREA
LOCATED IN THE BAYTOWN NATURE CENTER IN MEMORY OF BILLY
BARNETT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider a resolution accepting an $80,000 grant from the Natural Resource
Trustee Program for the construction of the Baytown Nature Center Oyster Reef
Restoration and Shoreline Protection Project.
Mr. Scott Johnson presented the agenda item and noted that the Trustees of the Natural Resource
Trustee Program included representatives from the Texas Commission on Environmental Quality
(TCEQ), General Land Office (GLO), and the Texas Parks and Wildlife Department. He stated
that due to the Baytown Nature Center's close proximity to the Houston Ship Channel, the
Crystal Bay shoreline receives erosive energy from ship wakes and in order to protect the
shoreline from further erosion, as well as, enhance natural oyster populations within the bay
City Council Regular Meeting Minutes
September 12, 2019
Page 7 of 17
system, the Foundation and the Baytown Nature Center proposed the construction of up to 300
linen feet of oyster reef. He stated that the proposed oyster reef would be constructed in two
sections: (i) Gabion-Shell Breakwater and (ii) Education Reef with an additional component that
will involve hands-on oyster education via the construction of removable oyster cages.
Additionally, he stated that the timeline included Council's approval of the agreement, the design
to be.complete during the spring and construction to begin in the spring of 2021.
Ms. Tracey Prothro noted that oyster reefs provide erosion protection and that the gabion baskets
filled with empty oyster shells would be placed so that the new baby oysters would colonize the
hard structures to result in healthy reef. She noted reefs come and go based on whether the water
is salty or fresh, in which such would be an educational component of the project. She stated that
the baskets would be removable for educational purposes. Additionally, she stated that the
project was effective because a smaller reef was done and it remained after Hurricane Harvey.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Heather Betancourth approving Resolution No. 2609, regarding agenda item 5.b. The vote was
as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
RESOLUTION NO.2609
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO ACCEPT A GRANT IN THE AMOUNT OF EIGHTY
THOUSAND AND NO1100 DOLLARS ($80,000.00) FROM THE NATURAL
RESOURCE TRUSTEE PROGRAM FOR THE CONSTRUCTION OF THE
BAYTOWN NATURE CENTER OYSTER REEF RESTORATION AND
SHORELINE PROTECTION PROJECT; DESIGNATING AN AUTHORIZED
REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF
GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
C. Consider a resolution granting the petition of Goose Creek Consolidated
Independent School District, for the proposed annexation of approximately 67.82
acres, located along the northern boundary of East Wallisville Road approximately 1,800
feet west of North Main Street, addressed as 6427 East Wallisville Road, and situated in the
George Ellis League, Abstract 21, Harris County, Texas.
City Counal Regular Meeting Minutes
September 12, 2019
Page a of 17
Planning and Community Development Director, Tiffany Foster presented the agenda item and
stated that Resolution No. 2610, grants the petition of Goose Creek Consolidated Independent
School District for the proposed annexation of approximately 67.82 acres located along the
northern boundary of East Wallisville Road approximately 1,800 feet west of North Main Street,
addressed as 6427 East Wallisville Road, and situated in the George Ellis League, Abstract 21,
Hams County, Texas for the purpose to build a junior high school. Additionally, she stated that
the property was adjacent to Goose Creek Memorial High School along Wallisville Road and the
petition included enough land to provide an access point on Garth Road.
A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tom
Robert C. Hoskins approving Resolution No. 2610, regarding agenda item 5.c. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
RESOLUTION NO. 2610
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING THE PETITION OF GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT, FOR THE PROPOSED ANNEXATION
OF APPROXIMATELY 67.82 ACRES, LOCATED ALONG THE NORTHERN
BOUNDARY OF EAST WALLISVILLE ROAD APPROXIMATELY 1,800
FEET WEST OF NORTH MAIN STREET, ADDRESSED AS 6427 EAST
WALLISVILLE ROAD, AND SITUATED IN THE GEORGE ELLIS LEAGUE,
ABSTRACT 21, HARRIS COUNTY, TEXAS; AUTHORIZING THE
PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Consider a resolution approving federal legislative priorities for the 116th United
States Congress.
Director of Strategic Initiatives, Nick Woolery presented the agenda item and stated that
Resolution No. 2611, adopts the City of Baytown Federal Legislative Priorities to cover the
1 16th United States Congress, which runs through the end of 2020. He stated that many of the
priorities were carried over from the previous, but further noted some of the updates that
included the following: adding discussion regarding I10/Spur 330, along with the San Jacinto
Bridge; the funding formula for transportation projects on the east side of Houston; support for
the Cedar Bayou Project; and CDBG funding. He recommended that Council provide a support
measure noting to reduce train crossing blockages to be submitted to the City's delegation
City Council Regular Meeting Minutes
September 12, 2019
Page 9 of 17
officer. Additionally, he noted that Mayor Capetillo and City Manager Davis would be visiting
with each office during a trip to Washington D.C.
Mayor Capetillo noted that there was discussion with higher level officials from Union Pacific
regarding the concerns of excessive wait time at the railroad crossings in Baytown.
A motion was made by Council Member Heather Betancourth and seconded by Mayor Pro Tom
Robert C. Hoskins approving Resolution No. 2611, with an amendment to add discussion
regarding train blockages and public safety, regarding agenda item 5.d. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
RESOLUTION NO.2611
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ESTABLISHING THE CITY OF BAYTOWN'S FEDERAL
LEGISLATIVE PRIORITIES FOR THE 2019 116TH UNITED STATES
CONGRESSIONAL SESSION; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
e. Consider a resolution nominating a person to serve on the Board of Directors of the
Harris County Appraisal District (HCAD).
City Clerk, Leticia Brysch presented the agenda item and stated that in the year 2017, the City of
Baytown nominated Mr. Mike Sullivan to serve on the Board of Directors of the HCAD. She
further stated that the City's nomination should be received no later than October 15, 2019, in
which, afterwards the City would then cast its ballot for the nominee.
A motion was made by Council Member Laura Alvarado and seconded by Council Member
Chris Presley approving Resolution No. 2612, regarding agenda item 5.e. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tem Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
City Council Regular Meeting Minutes
September 12, 2019
Page 10 of 17
RESOLUTION NO.2612
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD
OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
6. DISCUSSIONS
a. Receive and discuss a presentation regarding the relocation of the Battleship Texas
to Baytown.
City Manager Davis receded his time to speak, so that Mr. Jay Eshbach could provide a
presentation regarding the Battleship Texas being relocated to Baytown. Mr. Eshbach stated
that the Battleship Texas closed down in August and in the second week in October would be
leaving for a $35 million retrofit. He stated that there was no specific place for the ship once
repaired, but it would not return to LaPorte. He stated that the Battleship Texas Foundation
managed the ship for the last 70 years and tentatively was in a contract to lease it from the Parks
and Wildlife for 99 years and therefore, would control where it would go. Mr. Eshbach stated
that the attendance for the battleship in LaPorte was approximately 80,000 and the attendance for
other battleships throughout the United States was over 200,000 each year. He noted that the
estimated costs to maintain the battleship was approximately $2 million, but it only generated
approximately $1.2 million in revenues in LaPorte with about 80,000 visitors.
Mr. Eshbach stated that the Fred Hartman Bridge had a daily traffic count of 65,777, cars as of
the year 2013, and the Bayland Marina would provide a good view of the ship. He stated that
with the population growth and development in Baytown, the City had an opportunity to develop
an economic development plan to maintain the battleship after it received substantial repairs. He
stated that the battleship would have shared puking from the Hotel Conference Center at the
Bayland Marina, more volunteer participation, and generated revenues firm restaurant and
visitor participation. Mr. Eshbach stated that there were two proposed locations by the marina
and once repaired, the battleship would be dry docked, which is out of the water. He stated that
the battleship was 570 feet long with the depth of 32 feet; therefore, dredging would be
necessary in order to bring the ship into the marina area. Additionally, he stated that the
Battleship Texas Foundation wanted to meet with City of Baytown to further discuss this topic.
Mayor Capetillo stated that to his understanding the State funded the restoration of the battleship
and the location would be done by legislative action.
During further discussion, Mr. Eshbach noted that the cost to complete the dredging was $15
million.
Jay Eshbach and Calvin Mundinger registered to speak regarding agenda item 6.a
City Council Regular Meeting Minutes
September 12, 2019
Page 11 of 17
Mr. Calvin Mundinger noted that the battleship Texas, a designated national historical landmark,
would be an honor to bring to Baytown and encouraged Council to strongly consider housing the
ship in Baytown.
Mayor Capetillo stated that back when legislative was being developed, he was an advocate
for keeping the ship located in LaPorte and has since made a note that if the ship does not go
back to its original location; Baytown was in a great position to house it.
7. REPORTS
a. Receive the annual update on the Strategic Action Plan for the Comprehensive Plan.
Mrs. Foster presented the agenda item and stated that the 2025 Comprehensive Plan was adopted
by City Council on May 22, 2007. She stated that the purpose of the Strategic Action Plan for the
Comprehensive Plan was to provide a continued focus on the implementation of the plan's
recommendations. She stated that the Planning and Zoning Commission reviewed the plan and
voted in the affirmative to accept and forward to Council for consideration. Additionally, she
noted that a new update for the Comprehensive Plan would start as a new Planner was hired to
take on such task.
Mrs. Foster summarized what would be included in the Comprehensive Plan and stated that it
provides information that covers the quality of life, land use, utilities, and transportation, in
which all has changed drastically in Baytown, since the year 2007, and because of such the
Comprehensive Plan would be much different than the previous. She noted that the details as to
where improvements with regards to the stonnwater utilities would be separate from the
comprehensive plan. Additionally, City Manager Davis noted that the stormwater master plan
would be created separately.
8. CONSENT
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Laura Alvarado approving consent agenda items 8.a through 8.o. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Mayor Pro Tern Robert C. Hoskins,
Council Member David Himsel
Nays: None
Approved
City Council Regular Meeting Minutes
September 12, 2019
Page 12 of 17
a. Consider an ordinance authorizing the closeout, acceptance, final payment,
and release of retainage for the 2018 Mill & Overlay Project - Year 1, with Angel Brothers
Enterprises, LTD.
ORDINANCE NO. 14,158
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING YEAR 1 OF THE 2018 MILL & OVERLAY PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF FIFTY THOUSAND
AND NO/100 DOLLARS ($50,000.00) TO ANGEL BROTHERS
ENTERPRISES LTD, FOR SAID PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
It. Consider an ordinance authorizing the closeout, acceptance and release of retainage
for the Partial Service Area Diversion to the Northeast WWTP Service Area Alternative
Project with EP Brady, Ltd.
ORDINANCE NO. 14,159
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE PARTIAL SERVICE AREA DIVERSION TO THE
NORTHEAST WWTP SERVICE AREA ALTERNATIVE PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED
EIGHTY-THREE THOUSAND ONE HUNDRED TWENTY-SEVEN AND
30/100 DOLLARS ($183,127.30) TO EP BRADY, LTD, FOR SAID PROJECT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing the closeout, acceptance and release of retainage
for the Brunson Theater Renovation Project with Crain Group, LLC.
ORDINANCE NO. 14,160
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BRUNSON THEATER RENOVATION PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVENTY-SEVEN
THOUSAND NINETY-TWO AND 65/100 DOLLARS ($77,092.65) TO CRAIN
GROUP, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing an interlocal agreement with the Municipal
Development District for the Goose Creek Trail VII & VIII Expansion
Survey/Design/CenterPoint Permitting Project.
City Council Regular Meeting Minutes
September 12, 2019
Page 13 of 17
ORDINANCE NO. 14,161
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 INTERLOCAL AGREEMENT WITH
THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE
GOOSE CREEK TRAIL VII & VIII EXPANSION
SURVEY/DESIGN/CENTERPOINT PERMITTING PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing an interlocal agreement with the Municipal
Development District for improvements to the Baytown sports league facilities.
ORDINANCE NO. 14,162
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 INTERLOCAL AGREEMENT WITH
THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR
IMPROVEMENTS TO THE BAYTOWN SPORTS LEAGUE FACILITIES;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Consider an ordinance authorizing an interlocal agreement with the Municipal
Development District for the operation of the Ice Rink at Town Square.
ORDINANCE NO. 14,163
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 INTERLOCAL AGREEMENT WITH
THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE
OPERATION OF THE ICE RINK AT TOWN SQUARE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing an agreement with the Municipal Development
District for the ExxonMobil EPA Tree Planting Project.
ORDINANCE NO. 14,164
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 INTERLOCAL AGREEMENT WITH
THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE
EXXONMOBIL EPA TREE PLANTING PROJECT; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
City Council Regular Meelmg Minutes
September 12, 2019
Page 14 of 17
h. Consider an ordinance accepting an easement for the Crockett Park/Baybrook
Place Blue Heron connecting trail from Harris County Flood Control District.
ORDINANCE NO. 14,165
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 INTERLOCAL HIKE AND BIKE TRAIL
AGREEMENT WITH HARRIS COUNTY FLOOD CONTROL DISTRICT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
I. Consider an ordinance authorizing the purchase of one (1) one -ton crew cab pick-up
truck and one (1) one -ton Chevrolet Van for the Parks and Recreation Department from
Caldwell Country Chevrolet through the BuyBoard.
ORDINANCE NO. 14,166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-SEVEN THOUSAND
EIGHT HUNDRED THIRTY-FIVE AND NO/100 DOLLARS ($67,835.00) TO
CALDWELL COUNTRY CHEVROLET THROUGH THE TEXAS LOCAL
GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD), FOR THE
PURCHASE OF ONE (1) ONE -TON CREW CAB PICK-UP TRUCK AND
ONE (1) ONE -TON CHEVROLET VAN FOR THE PARKS AND
RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
j. Consider an ordinance authorizing the purchase of three (3) 2020 Ford F-350
Trucks from Silsbee Ford Inc., through Goodbuy, for the Parks and Recreation
Department.
ORDINANCE NO. 14,167
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF NINETY-NINE THOUSAND
SEVEN HUNDRED TEN AND 25/100 DOLLARS ($99,710.25) TO SILSBEE
FORD INC., THROUGH GOODBUY PURCHASING COOPERATIVE (BUY
BOARD), FOR THE PURCHASE OF THREE (3) 2020 FORD F-350 PICKUP
TRUCKS FOR THE PARKS AND RECREATION DEPARTMENT; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
k. Consider an ordinance awarding the Annual Thermo Pavement Markings Contract
to Stripes & Stops Company, Inc.
City Council Regular Meeting Minutes
September 12, 2019
Page 15 of 17
ORDINANCE NO. 14,168
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF STRIPES ,& STOPS COMPANY, INC.,
FOR THE ANNUAL THERMO PAVEMENT MARKINGS CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED TWO HUNDRED NINETY-NINE THOUSAND NINE
HUNDRED NINETY-NINE AND 27/100 DOLLARS ($299,999.27); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
1. Consider an ordinance authorizing the renewal of the Annual Installation and
Repair of Traffic Signal Equipment Contract with Southwest Signal Supply, Inc.
ORDINANCE NO. 14,169
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL INSTALLATION AND REPAIR OF
TRAFFIC SIGNAL EQUIPMENT CONTRACT WITH SOUTHWEST SIGNAL
SUPPLY, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-THREE
THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($133,600.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
M. Consider an ordinance authorizing the renewal of an agreement with United
Healthcare of Texas, Inc., as the carrier/administrator for the City of Baytown's medical
and pharmaceutical claims.
ORDINANCE NO. 14,170
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF
TEXAS, INC., AS THE ADMINISTRATOR OF THE CITY OF BAYTOWN'S
MEDICAL AND PHARMACEUTICAL CLAIMS, FOR SPECIFIC AND
AGGREGATE STOP LOSS COVERAGE, AND FOR NETWORK SERVICES
ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT IN
AN AMOUNT NOT TO EXCEED THREE HUNDRED NINETY-SIX
THOUSAND AND NO/100 DOLLARS ($396,000.00) FOR THE THIRD -
PARTY ADMINISTRATOR SERVICES; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
September 12, 2019
Page 16 of 17
n. Consider an ordinance authorizing funding for the continued engagement of Busch
Blackwell LLP, for legal services associated with Cause No. 19DCV0402; City of Baytown v.
City of Mont Belvieu, in the 253rd Judicial District Court, Chambers County, Texas.
ORDINANCE NO. 14,171
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PAYMENT TO HUSCH BLACKWELL LLP, FOR
LEGAL SERVICES IN CONNECTION WITH CAUSE NO. 19DCV0402; CITY
OF BAYTOWN V. CITY OF MONT BELVIEU, IN THE 253RD JUDICIAL
DISTRICT COURT, CHAMBERS COUNTY, TEXAS, IN AN AMOUNT NOT
TO EXCEED FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
o. Consider an ordinance authorizing an Agreement for Financial Auditing Services
with Belt Harris Pechacek, LLLP.
ORDINANCE NO. 14,172
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 AGREEMENT FOR
AUDITING SERVICES WITH BELT HARRIS PECHACEK, LLLP;
AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED NINETY-
THREE THOUSAND NINE HUNDRED FIFTEEN AND NO/100 DOLLARS
($93,915.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
9. MANAGER'S REPORT
City Manager Davis recognized Officer Weitzel for exemplifying professionalism while
addressing a service call and Officer Grant for being successful in encouraging a patient who
needed psychiatric help to receive such. He stated that the City of Baytown's Parks and
Recreation department received a new grant of trees from the Apache Corporation Tree Program
2019-2020 and would receive 2,000 five (5) gallon trees. He acknowledged Ralston Henry and
Blanca Rubio for going over and above the call of duty with cleaning up an eye sore in the
community. He noted that Brenda Garcia, Director of Facilities Planning and Construction of the
GCCISD expressed appreciation to the planning department for their work with the permitting of
the Stuart Career Tech High School Project. Additionally, he noted that Mr. John Schlieder was
pleased with his experience the Development Review Committee meeting.
City Council Regular Meeting Minutes
September 12, 2019
Page 17 of 17
10. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Section 552.071 of the
Texas Government Code to seek the advice of the City's attorney regarding Cause No.
19DCV0402; City of Baytown Y. City of Mont Belvieu, in the 253rd Judicial District Court,
Chambers County, Texas.
At 7:56 P.M., Mayor Capetillo recessed into and conducted an executive session pursuant to
Section 552.071 of the Texas Government Code to seek the advice of the City's attorney
regarding Cause No. 19DCV0402; City of Baytown v. City of Mont Belvieu, in the 253rd Judicial
District Court, Chambers County, Texas.
At 8:24 P.M., Mayor Capetillo reconvened the Open Meeting of the Regular Meeting and
announced that in accordance with Section 551.102 of the Texas Govemment Code, no action
was taken in the Executive Session.
11. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the September 12,
2019, City Council Regular Meeting at 8:25 P.M.