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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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes July 23, 2020 Page 8of12 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 City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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 jc, ��dS�r,5'TC�• "lij�\ c ;" t U) N� ". h ®9TF OF'C��P�