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2020 03 26 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March, 26, 2020 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, March 26, 2020, 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 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 March 26, 2020, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Johnson. There were no registered speakers signed up to speak on any of the agenda items. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on February 27, 2020. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley approving the February 27, 2020, City Council Work Session and Regular Meeting minutes. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancounh, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None City Council Regular Meeting Minutes March 26, 2020 Page 2 of 10 Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Issuing two proclamations designating April 2020 as Fair Housing Month; and April 13-18, 2020, as Community Development Week in Baytown. Mayor Capetillo presented the agenda item and issued proclamations designating April 2020 as Fair Housing Month; and April 13-18, 2020, as Community Development Week in Baytown. b. Issue a proclamation designating April as Complete Count Month supporting the 2020 Census in Baytown. Mayor Capetillo presented the agenda item and issued a proclamation designating April 2020 as Fair Housing Month; and April 13-18, 2020, as Community Development Week in Baytown. Additionally, he expressed the importance of completing the census as it provides benefits to the state based on the data received. 3. REPORTS a. Receive the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report for the fiscal year ending September 30, 2019. Stephanie Hams, a representative of Belt Hams Pechacek, LLLP, virtually presented the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report for the fiscal year ending September 30, 2019. She noted that they met with the finance committee and further issued a clean unmodified opinion on the City's financial statements with unmodified being the highest level of assurance provided as an independent auditor, the financial statement was materially correct and all disclosures required by generally accepted accounting principles were included. Ms. Harris stated that there was an overall increase in the City's ending net position of a little over $38.6 million, which was also a significant increase over the prior year. She noted that the key factor for such increase included the reduction in the City's long term liability related to other post -employment benefits. She stated that the City's general funds overall increase in its fund balance was $6.3 million leaving the general fund with an ending fund balance of approximately $27.6 million, which represented 30% of the annual 2019 operating expenditures. Additionally, Ms. Harris stated that the City spent federal awarded program funds of $750,000 and as a result they did a single audit; whereas, an unmodified opinion was also issued as the City was compliant on the federal award program. Mayor Capetillo noted that the report was received. b. Receive the City of Baytown's Quarterly Financial Report and Investment Report for the Quarter Ending December 31, 2019. City Council Regular Meeting Matures March 26, 2020 Page 3 of 10 Gina Guillory noted that Monio Mark, the City's Controller attended the meeting via remote and further presented the City of Baytown's Quarterly Financial Report and Investment Report for the Quarter Ending December 31, 2019. She stated that the sales tax receipts increased and that the revenues were already at 62%, due to receiving IDA's and property tax monies. She noted that there were no funds for aquatics m the season had not opened, in which the future of such was yet to be determined. She stated that the hotel/motel funds were at 31 % but may be impacted moving forward. She further stated that the water and sewer fund was at 27% of budget and that the sanitation fund was also on target at 25%. With regards to expenditures, Mrs. Guillory stated that the general fund, along with the water and sewer fund, was at 25% as projected. She stated that the aquatics fund was at 20"/n, the hotel/motel fund was less than 5%, and the sanitation fund was at 22%. Additionally, she noted that there were some capital purchases in the water and sewer fund. As it related to the investment portfolio, Mrs. Guillory stated that it was doing well as it continued to be very diversified and it was fully invested through the fiscal ending 2020. Mayor Capetillo noted that the report was received. 4. CONSENT A motion was made by Council Member Chris Presley and seconded by Mayor Pro Tem Laura Alvarado approving the consent agenda item 4.a. through 4.u. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tent Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Robert C. Hoskins, Council Member David Himsel Nays: None Approved a. Consider an ordinance authorizing the purchase of Tyler Technologies, Inc., MUNIS Utility Billing software and services using the ENERGOV Software contract authorized under Ordinance No. 14,007. ORDINANCE NO. 14,356 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF MUNIS UTILITY BILLING SOFTWARE AND SERVICES, FROM TYLER TECHNOLOGIES, INC., THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF NORTH RICHLAND HILLS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00); MAKING OTHER City Council Regular Meeting Minutes Match 26, 2020 Page 4 of 10 PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the First Amendment to the Strategic Partnership Agreement with Chambers County Municipal Utility District No. 1 and the First Amendment to the Strategic Partnership Agreements No. 2 with Chambers County Municipal Utility District No. 1. ORDINANCE NO. 14,357 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING (I) THE FIRST AMENDMENT TO THE STRATEGIC PARTNERSHIP AGREEMENT WITH CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 AND (It) THE FIRST AMENDMENT TO THE STRATEGIC PARTNERSHIP AGREEMENT NO. 2 WITH CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Work Authorization with Public Management, Inc., for the Bayland Marina Maintenance Dredging Project. ORDINANCE NO. 14,358 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A WORK AUTHORIZATION WITH PUBLIC MANAGEMENT, INC., FOR THE BAYLAND MARINA MAINTENANCE DREDGING PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY-FIVE THOUSAND AND NO1100 DOLLARS ($35,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance approving Change Order No. 8 to the Baytown Area Water Authority 6 MGD Surface Water Treatment Plant Project between the Baytown Area Water Authority and Pepper Lawson Waterworks, LLC. ORDINANCE NO. 14,359 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING CHANGE ORDER NO. 8 TO THE BAYTOWN AREA WATER AUTHORITY 6 MGD SURFACE WATER TREATMENT PLANT PROJECT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND PEPPER LAWSON WATERWORKS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes March 26, 2020 Page 5 of 10 e. Consider an ordinance authorizing Change Order No. 1 to the Parks Service Center Building contract with Kraftsman L.P. for changes to the project. ORDINANCE NO. 14,360 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. I FOR THE PARK SERVICE CENTER FACILITY PROJECT WITH KRAFTSMAN, L.P, INCREASING THE CONTRACT AMOUNT BY ONE HUNDRED SEVENTY- SEVEN THOUSAND TWENTY-SEVEN AND NO/100 DOLLARS ($177,027.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. L Consider an ordinance authorizing payment to Winstead PC, for legal services in connection with the Hotel/Convention Center Project. ORDINANCE NO. 14,361 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT TO WINSTEAD PC, FOR LEGAL SERVICES IN CONNECTION WITH THE HOTEUCONVENTION CENTER PROJECT IN AN ADDITIONAL AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the renewal of the Annual Concrete Aggregate Contract with Smart Materials, Inc. ORDINANCE NO. 14,362 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF SMART MATERIALS INC., FOR THE ANNUAL CONCRETE AGGREGATE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN THE AMOUNT OF ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider an ordinance authorizing the renewal of the Annual Sulfur Dioxide Contract with DXI Industries, Inc. ORDINANCE NO. 14,363 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL SULFUR DIOXIDE CONTRACT WITH DXI INDUSTRIES, INC., AND AUTHORIZING PAYMENT BY THE CITY City Council Regular Meeting Minutes March 26, 2020 Page 6 of 10 OF BAYTOWN IN THE AMOUNT OF NINETY THOUSAND TWO HUNDRED FIFTY-SEVEN AND 12/100 DOLLARS ($90,257.12); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. I. Consider an ordinance renewing the Annual Cleanup and Mowing Contract with McLemore Building Maintenance, Inc., and Hydrozone Landscape Corporation. ORDINANCE NO. 14,364 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL CLEANUP AND MOWING CONTRACT WITH MCLEMORE BUILDING MAINTENANCE, INC., AND HYDROZONE LANDSCAPE CORPORATION, AND AUTHORIZING PAYMENT IN THE AMOUNT OF TWO HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS ($275,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF j. Consider an ordinance renewing the Annual Electrical Services Contract with Baytown Electric Company. ORDINANCE NO. 14,365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL ELECTRICAL SERVICES CONTRACT WITH BAYTOWN ELECTRIC COMPANY AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. It. Consider an ordinance renewing the Annual Electrical Motor Control Service Contract with Baytown Electric Company. ORDINANCE NO. 14,366 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL ELECTRICAL MOTOR CONTROL SERVICE CONTRACT WITH BAYTOWN ELECTRIC COMPANY AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF City Council Regular Meeting Minutes March 26, 2020 Page 7 of 10 1. Consider an ordinance awarding the Annual Lawn and Landscaping Maintenance Contract to Hydrozone Landscape Corporation. ORDINANCE NO. 14,367 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF HYDROZONE LANDSCAPE CORPORATION, FOR THE ANNUAL LAWN AND LANDSCAPING MAINTENANCE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED ELEVEN THOUSAND FOUR HUNDRED NINETY-ONE AND NO/100 DOLLARS ($111,491.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. In. Consider an ordinance authorizing the renewal of an Emergency Services for Food and Supplies Pre -Event Agreement with Ben E. Keith Company. ORDINANCE NO. 14,368 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE EMERGENCY SERVICES FOR FOOD AND SUPPLIES PRE -EVENT AGREEMENT WITH BEN E. KEITH COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing Year 3 of the three-year agreement for the purchase of ArcGIS Enterprise License Agreement (ELA) from Environmental Systems Research Institute, Inc. ORDINANCE NO. 14,369 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING YEAR 3 OF THE THREE-YEAR AGREEMENT FOR THE PURCHASE OF ARCGIS ENTERPRISE LICENSE AGREEMENT (ELA) FROM ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF 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 amending Ordinance No. 13,723 to prescribe the number of positions in the classification "Service Group - Police." ORDINANCE NO. 14,370 City Council Regular Meeting Minutes March 26, 2020 Page 8 of 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 13,723 PRESCRIBING THE NUMBER OF POSITIONS IN THE CLASSIFICATION "SERVICE GROUP — POLICE" TO UPDATE THE NUMBER OF POSITIONS IN EACH CLASSIFICATION; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. P. Consider a resolution authorizing the City Manager to submit an application to the Office of the Governor, Public Safety Office's Homeland Security Grant Division, in response to the FY2020 Urban Area Security Initiative - Regular Projects (UASI-R) solicitation on behalf of the Fire Department to sustain the Structural Collapse and Technical Rescue Specialized Response Team. RESOLUTION NO.2640 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION TO THE OFFICE OF THE GOVERNOR, PUBLIC SAFETY OFFICE'S HOMELAND SECURITY GRANT DIVISION, IN RESPONSE TO THE FY2020 URBAN AREA SECURITY INITIATIVE - REGULAR PROJECTS (UASI-R) SOLICITATION ON BEHALF OF THE FIRE DEPARTMENT TO SUSTAIN THE STRUCTURAL COLLAPSE AND TECHNICAL RESCUE SPECIALIZED RESPONSE TEAM; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider a resolution authorizing the City Manager to submit an application to the Office of the Governor, Public Safety Office's Homeland Security Grant Division, in response to the FY2020 Urban Area Security Initiative - Regular Projects (UASI-R) solicitation on behalf of the Fire Department to sustain the Haz-Mat Team. RESOLUTION NO. 2641 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION TO THE OFFICE OF THE GOVERNOR, PUBLIC SAFETY OFFICE'S HOMELAND SECURITY GRANT DIVISION, IN RESPONSE TO THE FY2020 URBAN AREA SECURITY INITIATIVE - REGULAR PROJECTS (UASI-R) SOLICITATION ON BEHALF OF THE FIRE DEPARTMENT'S FEMA TYPE II REGIONAL HAZMAT TEAM TO PURCHASE A ONE -PERSON PORTABLE CHEMICAL IDENTIFIER; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes March 26, 2020 Page 9 of 10 r. Consider a resolution authorizing the City Manager to submit a request for funding to the Houston Ship Channel Security District on behalf of the City of Baytown Fire Department for the Structural Collapse and Technical Rescue Team. RESOLUTION NO.2642 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE HOUSTON SHIP CHANNEL SECURITY DISTRICT ON BEHALF OF THE BAYTOWN FIRE DEPARTMENT IN THE AMOUNT OF SEVENTY-SIX THOUSAND FOUR HUNDRED THIRTY-ONE AND 05/100 DOLLARS ($76,431.05) FOR THE PURCHASE OF SPECIALIZED HIGH/LOW ANGLE RESCUE AND CONFINED SPACE EQUIPMENT; AUTHORIZING THE REPRESENTATIVE FOR ALL PURPOSES UNDER THE GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. s. Consider a resolution authorizing the City Manager to submit a request for funding to the Houston Ship Channel Security District on behalf of the City of Baytown Police Department for the Underwater Search and Rescue/DIVE Team RESOLUTION NO. 2643 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE HOUSTON SHIP CHANNEL SECURITY DISTRICT ON BEHALF OF THE BAYTOWN POLICE DEPARTMENT IN THE AMOUNT OF FIFTY-FIVE THOUSAND AND NO/100 DOLLARS ($55,000.00) FOR A COMPRESSOR AND AIR TANK FILLING STATION FOR THE USAR/DIVE TEAM; AUTHORIZING THE REPRESENTATIVE FOR ALL PURPOSES UNDER THE GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. t. Consider a resolution authorizing the City Manager to submit an application to the Houston -Galveston Area Local Development Corporation's (H-GALDC) Community Enhancement Grants program for the Market Street Corridor Street Implementation. RESOLUTION NO. 2644 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION TO THE HOUSTON-GALVESTON AREA LOCAL DEVELOPMENT CORPORATION'S (HGALDC) COMMUNITY ENHANCEMENT GRANTS PROGRAM ON BEHALF OF THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT FOR THE MARKET STREET CORRIDOR STREET IMPLEMENTATION; AUTHORIZING A City Council Regular Meeting Minutes March 26, 2020 Page 10 of 10 CASH MATCH IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00); AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. U. Consider a resolution suspending the effective date proposed by CenterPoint Energy Resources Corp., to increase rates under the Gas Reliability Infrastructure Program; authorizing participation in a coalition of similarly situated cities; and authorizing submission of comments to the Texas Railroad Commission. RESOLUTION NO.2645 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RESPONDING TO THE APPLICATION OF CENTERPOINT ENERGY RESOURCES CORP., TEXAS COAST DIVISION, TO INCREASE RATES UNDER THE GAS RELIABILITY INFRASTRUCTURE PROGRAM; SUSPENDING CENTERPOINT'S PROPOSED EFFECTIVE DATE FOR FORTY-FIVE (45) DAYS; AUTHORIZING THE CITY TO CONTINUE TO PARTICIPATE IN A COALITION OF CITIES KNOWN AS THE "TEXAS COAST UTILITIES COALITION" OF CITIES; MAKING SUCH OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. MANAGER'S REPORT City Manager Davis noted that there was no report, but further stated that he would provide information as he received it with regards to the COVID-19 situation. Additionally, Mayor Capetillo stated that there was daily communication between the City's emergency management coordinator and other involved entities regarding the nation's emergency situation; therefore, as information is distributed it would be shared. He further noted that the statistical data reported was done by county regions and encouraged all to adhere to the recommended guidelines. 6. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the March 26, 2020, City Council Regular Meeting at 6:47 P.M. Leticia Brysch, City Clerk U mO City of Baytown 0