2020 07 23 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
July 23, 2020
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 23,
2020, at 6:33 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
Mayor Pro Tern
Heather Betancourth
Council Member
Robert Hoskins
Council Member
David Himsel
Council Member
Brandon Capetillo Mayor
Rick Davis City Manager
Karen Horner Assistant City Attorney
Leticia Brysch City Clerk
Keith Dougherty Sergeant at Arms
Mayor Capetillo convened the July 23, 2020, City Council Regular Meeting with a quorum
present at 6:33 P.M., all members were present.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Alvarado.
Due to the COVID 19 Disaster and the CDC's recommendation regarding social distancing
measures there was limited amount of space when maintaining the required 6-feet separation
from others. However, the meeting allowed for two-way communications for members of the
public who were not allowed to be physically present at this meeting.
1. MINUTES
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on May 28, 2020.
A motion was made by Council Member Heather Betancourth, and seconded by Mayor Pro Tern
Charles Johnson to approve the City Council Work Session and Regular Meeting minutes, held
on May 28, 2020, as submitted. 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 Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
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July 23, 2020
Page 2 of 12
Nays: None
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Recognize City of Baytown Employees for their Years of Service.
5 Years:
ZACHARY HUNTER, FIREFIGHTER
JEREMY PAQUET, FIREFIGHTER
JUAN PALOMO, PW EQUIPMENT SPECIALIST
JOSHUA LESTER, FIREFIGHTER
KAREN RODRIGUEZ, MUNICIPAL COURT CLERK
JESSICA ORTEGA, UB CUSTOMER SERVICE SPECIALIST I
20 years:
SUZANNE MCDONALD, DETENTION OFFICER
DAVID HOLLAND, PATROL OFFICER
CHAD BILLEAUD, PATROL OFFICER
EDGAR ELIZONDO, PATROL OFFICER
25 Years:
RONALD MULLEN, WASTEWATER OPERATOR III
30 Years:
JAMES BURGESS, FIRE EQUIPMENT OPERATOR
3. SPECIAL DISTRICT BUDGETS FISCAL YEAR 2020-21
a. Consider an ordinance approving the Baytown Crime Control and Prevention
District Fiscal Year 2020-21 Proposed Budget.
Finance Director Victor Brownlees presented the item and stated that the proposed ordinance
approves the Baytown Crime Control Prevention District ("CCPD") Fiscal Year 2020-
21 Proposed Budget, the Council has seen said budget previously, held a public hearing, and
there are no changes to report.
A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member
Laura Alvarado to approve Ordinance No. 14,447, related to Item 3.a. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
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July 23, 2020
Page 3 of 12
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 141447
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FISCAL YEAR 2020-21 BUDGET SUBMITTED
BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL
AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
b. Consider an ordinance approving the Baytown Fire Control, Prevention, and
Emergency Medical Services District Fiscal Year 2020-21 Proposed Budget.
A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member
Chris Presley to approve Ordinance No. 14,448, related to Item 3.b. 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 Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 141448
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE FISCAL YEAR 2020-21 BUDGET SUBMITTED
BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL,
PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance approving the Baytown Area Water Authority Fiscal Year
2020-21 Proposed Budget.
A motion was made by Mayor Pro Tern Charles Johnson, and seconded by Council Member
Laura Alvarado to approve Ordinance No.14,449, related to Item 3.c. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
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July 23, 2020
Page 4 of 12
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 141449
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER
AUTHORITY (BAWA) FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2020, AND ENDING SEPTEMBER 30, 2021; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
4. PROPOSED ORDINANCES
a. Consider an ordinance authorizing the Fourth Amendment to the Agreement for
Professional Services and Employment as City Manager with Richard L. Davis.
Interim City Attorney Karen Horner, per the direction of Mayor Capetillo, stated that the main
items noted in the City Manager's fourth amendment to his employment contract include: (1) a
three percent raise, the same as the City's non -civil service employees, and the option to decline
said raise if he so chooses by notifying the mayor of his desire to decline the 3% raise, (2) the
addition of a two year teen, so at every performance evaluation, he gets to know if he will serve
for the remainder of his term or for one more year, and if he does not get the extension for one
more year, he gets the option of resigning and getting his severance, and (3) some changes to the
terms of what would be considered termination with cause as it relates to ethics violations,
insubordination and things like that were either taken out or added.
Council Member Presley stated that he had received several calls today from constituents that
wanted to see and read the contract and one of the constituents got in touch with the City Clerk's
Office and was told that it was not ready and it was not attached. He believed that in the spirit of
being a transparent government and if the City Clerk's Office told him it was not ready at 4:00
P.M., Council should postpone the item, post it properly, and vote on it at the next meeting in the
spirit of transparent government.
Mr. Byron Schinnbeck signed up to speak on this item and noted that he felt that the Council
needed to be more transparent in its actions and requested that the item be postponed to give him
and the public an opportunity to view the proposed amendment before Council takes action.
Council Member Betancourth asked if the City's postings violated a law. Mrs. Horner, per
Mayor Capetillo's request, noted that the Texas Open Meetings Act requires that the City post
the subject matter of the items that the City Council is going to consider at its meeting and the
City has done that, so the posting for tonight on the agenda is correct. She further noted that City
goes over and above the requirements of the Open Meetings Act by including a preface that
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July 23, 2020
Page 5 of 12
describes each item in detail, as wells as the attachment of ordinances, contracts and things as
they are ready, and sometimes when things are not ready at the time of posting, staff sends those
out to Council beforehand, but the City's posting is in line with the law.
Council Member Presley stated that Mrs. Horner's comments were fine and he did not have an
issue with the spirit of the law. He noted that what he has an issue with is that they took this
issue up two weeks ago when Council received this item, so they had over two weeks to draft it
and finish it and he finds it hard to believe that the City Clerk issues an official email saying that
it is not ready, yet by some coincidence it is ready between 4:00 P.M. to 6:30 P.M. and there is a
paper copy at the dais, so that is his issue, not the letter of the law, this is about transparent
government and receiving a proper response when asked; Mr. Presley asked that this matter be
investigated and looked into. Assistant City Manager Mr. Troller stated that he would take care
of it.
A motion was made by Council Member Chris Presley, and seconded by Council Member
Robert C. Hoskins to postpone this item to the next regularly scheduled Council meeting of
August 13, 2020. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
b. Consider an ordinance authorizing an Interlocal Agreement with Harris County for
the Preliminary Engineering Services for the Market Street Revitalization Project.
Director of Public Works and Engineering Frank Simoneaux presented the item and stated that
the proposed ordinance authorizes an Interlocal Agreement with Harris County for Preliminary
Engineering Services for the Market Street Revitalization Project ("Project"). He noted that the
Project included the reconfiguration of 2.35 miles of Market Street from Bayway Drive to West
Sterling Avenue.
The current configuration of the street is that of a four -lane, undivided roadway with turn lanes at
intersections with several of the traffic and mobility elements within the Market Street corridor
being at the end of their service lives, including four traffic signals. Mr. Simoneaux noted that
other issues with the current street include that the intersections converge at angles at each end,
which cause confusion, the sight distance makes it difficult to navigate the intersection
configurations and the sidewalks are not continuous throughout the street segment.
Mr. Simoneaux stated that this new Project will enhance the safety and mobility for all modes of
travel along the corridor. The proposed configuration transforms the roadway into a
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July 23, 2020
Page 6of12
pedestrian/cyclist-friendly corridor to accommodate re -location of an elementary school and re-
development of the corridor.
He noted that under the proposed agreement the City will: (1) provide fifty percent (50%) of the
costs in the amount of $624,000.00 (City Funding Share), of the costs of Preliminary
Engineering Design and (2) provide payment of the City Funding Share to the County within
thirty (30) days of receipt of the invoice from the County. Under same, the County will:
(1) provide or obtain engineering and related support services associated with the study report for
the Project, (2) provide fifty percent (50%) of the costs in the amount not to exceed $624,000.00
of the costs of Preliminary Engineering Design, and (3) invoice the City for the City Funding
Share after Commissioners Court approves the professional services agreement and all parties
execute the same. In the event that the Project cannot be perfonned at the cost in the agreement,
either party may choose to tenninate the agreement or the parties may mutually agree in writing
how the additional funding of the Project will be paid.
Mr. Simoneaux stated that staff recommended the approval of this item.
A motion was made by Council Member Laura Alvarado, and seconded by Council Member
Chris Presley to approve Ordinance No. 14,450, related to Item 4.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council
Member Chris Presley, Council Member Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Hiinsel
Nays: None
Approved
ORDINANCE NO. 145450
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS
COUNTY FOR THE PRELIMINARY ENGINEERING SERVICES FOR THE
MARKET STREET REVITALIZATION PROJECT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED SIX HUNDRED TWENTY-FOUR THOUSAND AND NO100
DOLLARS ($624,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance repealing Ordinance No. 14,437, which set the time date and
place of the public hearing on the City of Baytown Fiscal Year 2020-21 Proposed Budget,
and setting a new date, time and place for the public hearing on such proposed budget.
Finance Director Victor Brownlees presented the item and stated that on July 9, 2020, the City
Council passed Ordinance No. 14,437 setting the time date and place of the public hearing on the
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July 23, 2020
Page 7of12
City of Baytown Fiscal Year 2020-21 Proposed Budget. This ordinance repeals such ordinance
and sets the budget hearing for August 13, 2020, at 6:45 P.M. in the City Council Chamber of
Baytown City Hall.
A motion was made by Mayor Pro Tem Charles Johnson, and seconded by Council Member
Laura Alvarado to approve Ordinance No. 14,451, related to Item 4.c. 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 Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 141451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NO. 14,437, WHICH SET THE TIME,
DATE AND PLACE OF THE PUBLIC HEARING ON THE CITY OF
BAYTOWN'S FISCAL YEAR 2020-2021 PROPOSED BUDGET; SETTING A
NEW DATE, TIME AND PLACE FOR THE PUBLIC HEARING ON THE
PROPOSED FISCAL YEAR 2020-2021 MUNICIPAL BUDGET; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5. PROPOSED RESOLUTIONS
a. Consider a resolution authorizing the publication of the Notice of Intent to issue
Combination Tax and Revenue Certificates of Obligation, Series 2020, for water, sewer and
roadway improvements and related equipment and infrastructure and authorizing
advanced funding.
Finance Director Victor Brownlees presented the item and stated that the proposed resolutions
allows for the City of publish its Notice of Intent (NOI) to issue Combination Tax and Revenue
Certificates of Obligation, Series 2020, which is the first step in the process allowing the City to
sell debt for a maximum aggregate principal amount not to exceed $42 million; this is only the
first step and does not obligate the City to issue said debt. Mr. Brownlees further noted that the
proposed resolution also authorized the advanced funding as needed for the above -referenced
equipment and improvements, said advanced funding will only be invoked if the City entered
into a contract on these projects prior to the issuance of the bonds and will not preclude the
necessity of Council approval for contracts that require such approval.
Mr. Byron Schinnbeck signed up to speak on this item and noted that the Council's use of this
form of financing was not as transparent and did not allow for public participation. He noted that
he felt that Council rubber stamped items and was unsupportive of the Bayland Island project.
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July 23, 2020
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Some member of Council took umbrage to some of Mr. Schirmbeck's comments, mainly those
related to Council's rubber stamping, lack of transparency, and not taking public comment into
consideration when making decisions on projects and their respective funding mechanisms.
The Council noted that the City does not rubber stamp anything and is not an appropriate
comment considering that the Council takes great steps to ensure that its business matters are
transparent and available to the public for comments, to include many public meetings and
hearings. It was noted that all meetings and actions are posted and decisions are made in open
meetings to which the public is welcome, yet not many attend. Council further noted that they
are duly elected by the citizens to snake the best and most appropriate decisions for the City for
which they prepare weeks and even months in advance and they will not be derailed by the
negative comments of a few. Council noted that they are doing good things for the City, its
infrastructure and its citizens and all of its funding and budgetary decisions are in line with the
desires of the citizens and the law.
A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member
Heather Betancourth to approve Resolution No. 2666, related to Item 5.a. 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 Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
RESOLUTION NO. 2666
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO
ISSUE CERTIFICATES OF OBLIGATION; APPROVING THE
PREPARATION OF ONE OR MORE PRELIMINARY OFFICIAL
STATEMENTS AND NOTICES OF SALE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
6. REPORTS
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July 23, 2020
Page 9of12
a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the
Quarter Ending June 30, 2020.
Finance Director Victor Brownlees presented the item and reported on the City of Baytown's
Quarterly Financial and Investment Reports for the Quarter Ending June 30, 2020, in accordance
with the Public Funds Investment Act, Section 2256.023 (a) and (b). Mr. Brownlees stated that
he was happy to report that the City's financials remain resilient, which is quite a feat considering
the uncertain financial climate of the state and the country. He noted that the City's revenues
were consistent with projections because of the City's sales tax and IDAs continue strong;
expenditures were down because of the delay in starting some projects, and investments
continued steady.
Mayor Capetillo stated that the report had been received.
b. Receive the 2020 Certified Ad Valorem Anticipated Collection Rate and the
Certified Excess Debt Collections from the City of Baytown Tax Assessor/Collector.
Mayor Capetillo stated that the 2020 Certified Ad Valorem Anticipated Collection Rate and the
Certified Excess Debt Collections were received.
7. CONSENT
A motion was made by Council Member Laura Alvarado, and seconded by Council Member
Robert C. Hoskins to approve Consent Agenda Items Ta. through 7.f. 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 Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
a. Consider an ordinance approving the South Lagoon Sludge Removal Contract
between the Baytown Area Water Authority and Synagro of Texas -CDR, Inc.
ORDINANCE NO. 141452
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE SOUTH LAGOON SLUDGE REMOVAL
CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY
AND SYNAGRO OF TEXAS -CDR, INC; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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July 23, 2020
Page 10 of 12
b. Consider an ordinance authorizing the purchase of twenty (20) Panasonic
computers from Rugged Depot, via the Texas Department of Information Resources.
ORDINANCE NO. 14,453
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-FOUR THOUSAND
THREE HUNDRED AND NO/100 DOLLARS ($74,300.00) FOR TWENTY
(20) PANASONIC COMPUTERS AND FOURTEEN (14) DOCKING
STATIONS FOR THE FIRE DEPARTMENT THROUGH THE TEXAS
DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing the sole source purchase of three handheld
Nighthawk HBI XP imaging scanners for the Houston HIDTA location from Viken Corp.
ORDINANCE NO. 141454
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF ONE HUNDRED
SIXTY-TWO THOUSAND SIX HUNDRED AND NO/100 DOLLARS
(S 162,600.00) TO VIKEN CORP., FOR THE PURCHASE OF THREE (3)
HANDHELD NIGHTHAWK HBI XP IMAGING SCANNERS FOR THE
HOUSTON HIDTA; MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Consider a resolution adopting the 2020-2024 Citizen Participation Plan for the
Community Development Block Grant Program
RESOLUTION NO. 2667
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING THE 2020-2024 CITIZEN PARTICIPATION PLAN FOR
THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider a resolution adopting the 5-Year Consolidated Plan for the Community
Development Block Grant.
RESOLUTION NO. 2668
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING THE HUD 5-YEAR CONSOLIDATED PLAN FOR 2020-
2024 FOR THE CITY OF BAYTOWN AND AUTHORIZING THE
SUBMISSION OF SUCH PLAN TO THE UNITED STATES DEPARTMENT
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July 23, 2020
Page 11 of 12
OF HOUSING AND URBAN DEVELOPMENT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
f. Consider a resolution authorizing the City Manager to make application to the
United States Department of Housing and Urban Development for the 2020-
2021 Community Development Block Grant funds and designating an authorized
representative to accept any grant awarded as a result of the application.
RESOLUTION NO. 2669
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION
TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR THE 2020-2021 COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS; DESIGNATING AN AUTHORIZED
REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT
OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
8. MANAGER'S REPORT
City Manager Davis recognized members of staff for personal and professional achievements.
9. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Section 551.071 of the
Texas Government Code to seek the advice of the City's attorneys regarding pending or
contemplated litigation involving the City of Baytown.
b. Recess into and conduct an executive session pursuant to Section 551.072 of the
Texas Government Code to deliberate the exchange and/or value of real property for
public purposes.
At 7:20 P.M. Mayor Capetillo recess into and convened an executive session pursuant to Section
551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding
pending or contemplated litigation involving the City of Baytown and 551.072 of the Texas
Government Code to deliberate the exchange and/or value of real property for public purposes.
At 8:21 P.M. Mayor Capetillo reconvened the meeting and announced that in accordance with
Section 551.102 of the Texas Government Code, no action was taken in executive session.
10. ADJOURN
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July 23, 2020
Page 12 of 12
With there being no further business to discuss, Mayor Capetillo adjourned the July 23, 2020,
City Council Regular Meeting at 8:21 P.M.
Leticia Brysch, City Clerk
City of Baytown
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