2020 08 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
August 13, 2020
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August
13, 2020, at 6:31 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Laura Alvarado
Chris Presley
Charles Johnson
Heather Betancourth
Robert Hoskins
David Himsel
Brandon Capetillo
Rick Davis
Karen Horner
Leticia Brysch
Keith Dougherty
Council Member
Council Member
Mayor Pro Tem
Council Member
Council Member
Council Member
Mayor
City Manager
Assistant City Attorney
City Clerk
Sergeant at Anus
Mayor Capetillo convened the August 13, 2020, City Council Regular Meeting with a quorum
present at 6:32 P.M., all members were present.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Presley.
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 June 11, 2020.
A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member
David Himsel to approve the minutes of the City Council Work Session and Regular Meeting
held on June 11, 2020, as submitted. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
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August 13, 2020
Page 2 of 21
Nays: None
Approved
b. Consider approving the minutes of the City Council Special Meeting held on June
22, 2020.
A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member
Heather Betancourth to approve the minutes of the City Council Special Meeting held on June
221 2020, as submitted. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
C. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on June 25, 2020.
A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member
Heather Betancourth to approve the minutes of the City Council Work Session and Regular
Meeting held on June 25, 2020, as submitted. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Hirnsel
Nays: None
Approved
d. Consider approving the minutes of the City Council Regular Meeting held on July
9, 2020.
A motion was made by Council Member Heather Betancourth, and seconded by Mayor Pro Tern
Charles Johnson to approve the minutes of the City Council Regular Meeting held on July 9,
2020, as submitted. The vote was as follows:
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August 13, 2020
Page 3 of 21
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council
Member Heather Betancourth, and Council Member David Himsel
Nays: None
Other: Council Member Robert C. Hoskins (Abstain)
Approved
C. Consider approving the minutes of the City Council Budget Work Session held on
July 20, 2020.
A motion was made by Council Member David Himsel, and seconded by Council Member
Heather Betancourth to approve the minutes of the City Council Budget Work Session held on
July 20, 2020, as submitted. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
f. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on July 23, 2020.
A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member
Laura Alvarado to approve the minutes of the City Council Work Session and Regular Meeting
held on July 23, 2020, as submitted. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Receive the 2020 City of Baytown Parks and Recreation Annual Report.
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August 13, 2020
Page 4 of 21
Ms. Cannen Torres, Chair for the Parks and Recreation Advisory Board submitted this 2019-
2020 Parks and Recreation Annual Report to the City Council as is required by code; said
report was approved by the Parks and Recreation Advisory Board at its regular monthly meeting
held on August 5, 2020.
Mayor Capetillo stated that the report had been received and thanked the Parks Board for their
continued hard work and progress during this difficult time.
b. Receive recognition from the American Public Works Association (APWA) Texas
Chapter for the Sustainability Practices Award for 2020.
Public Works and Engineering Director Frank Simoneaux presented the American Public Works
Association (APWA) Texas Chapter Sustainability Practices Award for 2020 to Kevin Hilyard,
Foreman of the Traffic Control Division and members of his team.
Mr. Simoneaux noted that the City of Baytown Public Works Traffic Division was selected by
the APWA Texas Chapter, to receive the Sustainability Practices Award for 2020 for their
continued implementation of an Automated Traffic Management System (ATMS). He stated
that fifty-four Baytown intersections are now connected to ATMS and are either managed or
monitored at the City's Traffic Management Center. These improvements have increased the
efficiency of the City's traffic system and reduced travel delays. Additional data also allows the
team to make improvements sooner than what was previously possible. The team is to be
commended for their professionalism and dedication to continuous improvement.
a. Recognize City of Baytown Employees for their Years of Service.
Human Resources Manager Grey Scott presented the item and stated that this is the last catch-up
item for the years of service awards, and the next council meeting will consist of years of service
awards for the month of August only. He also noted that the HR team had received a lot of
positive feedback from staff members on the new system and the Council will note during the
presentation that many staff members have really embraced the look and feel of their pictures.
The years of service awards were the following:
5 YEARS
RICK DAVIS, CITY MANAGER
TEVIAN COWINS, PARKS CREW LEADER
THANG LAM, ENGINEER TRAINEE
TROY CAYTON, TELECOMMUNICATIONS SUPERVISOR
10 YEARS
BRANDON CARVER, FIRE MECHANIC SUPERVISOR
JUSTYN HOSPEDALES, PARKS FIELD SUPERVISOR
NICK WOOLERY, ASSISTANT CITY MANAGER
MARGINE SOMOZA, POLICE PROPERTY ROOM SPECIALIST
TRACY WOOLSTON, HR SPECIALIST I
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August 13, 2020
Page 5 of 21
15 YEARS
LILIANA GONZALEZ, POLICE PROPERTY ROOM SUPERVISOR
JEFFREY SPENCER, PATROL OFFICER
20 YEARS
KATHERINE SHEPPARD, STORM WATER SPECIALIST
DONALD CURRY, PUBLIC WORKS SUPERINTENDENT
25 YEARS
DALE HUGHES, ENGINEERING SENIOR PROJECT COORDINATOR
30 YEARS
KEVIN POWELL, ENGINEERING CONSTRUCTION INSPECTOR II
3. PROPOSED REZONING OF APPROXIMATELY 1.07 ACRES OF LAND
a. Conduct a public hearing concerning a request to amend the City of Baytown
official zoning map to rezone approximately 1.07 acres in the 1500 Block of Barcelona
Way, legally described as Lots 39 - 52 of the Colony Madrid Subdivision, Harris County,
Texas, from a Mixed Use (MU) Zoning District to a Mixed Residential at Low to Medium
Densities (SF2) Zoning District.
At 6:54 P.M., Mayor Capetillo opened the public hearing regarding a request to amend the City
of Baytown official zoning map to rezone approximately 1.07 acres in the 1500 Block of
Barcelona Way, legally described as Lots 39 - 52 of the Colony Madrid Subdivision, Harris
County, Texas, from Mixed use (MU) to Mixed residential at low to medium densities (SF2)
zoning district.
Planning and Development Services Director Tiffany Foster presented the item and stated that
this application proposes the rezoning of approximately 1.07 acres situated along Barcelona Way
that would allow for the construction of single-family homes on property currently configured
for townhomes. The land use conditions in Section 2.10(A)(44)(b) of the ULDC require rezoning
the property from MU to S172 in order to bring the property into compliance with current zoning
regulations. She further stated that a pending replat establishes a density reduction from fourteen
to nine units per acre to provide an appropriate transition from existing townhomes to the west
and single-family properties to the east and noted that the requested zoning amendment aligns
with the current FLUP designation of Low to Medium Density residential allowing for single-
family residential in this existing neighborhood. Mrs. Foster noted that the developer was
available via Zoom to answer any questions.
There being no questions, at 6:57 P.M., Mayor Capetillo closed this public hearing regarding the
rezoning of approximately 1.07 acres in the 1500 Block of Barcelona Way from MU to SF2.
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Page 6 of 21
b. Consider an ordinance to amend the City of Baytown official zoning map to rezone
approximately 1.07 acres in the 1500 Block of Barcelona Way, legally described as Lots 39-
52 of the Colony Madrid Subdivision, Harris County, Texas, from a Mixed Use (MU)
Zoning District to a Mixed Residential at Low to Medium Densities (SF2) Zoning District.
A motion was made by Council Member David Himsel, and seconded by Council Member Chris
Presley to approve Ordinance No. 14,455, related to Item 3.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 141455
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOWN TO REZONE APPROXIMATELY 1.07 ACRES IN THE 1500
BLOCK OF BARCELONA WAY, LEGALLY DESCRIBED AS LOTS 39- 52
OF THE COLONY MADRID SUBDIVISION, HARRIS COUNTY, TEXAS,
FROM A MIXED USE (MU) ZONING DISTRICT TO A MIXED
RESIDENTIAL AT LOW TO MEDIUM DENSITIES (SF2) ZONING
DISTRICT; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND
AND NO/100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE TI IEREOF
4. BAYTOWN MUNICIPAL FY2020-21 PROPOSED BUDGET
a. Conduct a public hearing regarding the City of Baytown Fiscal Year 2020-21
Proposed Budget.
At 6:59 P.M., Mayor Capetillo opened the public hearing regarding the City of Baytown Fiscal
Year 2020-21 Proposed Budget.
There was no staff summary.
There were two speakers signed up to speak on this item:
Marga Matthews, 1512 Echols Street, who noted the following concerns with the proposed
budget: (1) 3% raise increase to staff, (2) improvements to District No. 6 to include gunshots at
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August 13, 2020
Page 7 of 21
Roseland Park, sidewalks, public safety, roads, and infrastructure, (3) neglect of District 6 on
previously mentioned issues particularly with beautification of Alexander Drive.
Byron Schirmbeck, 4727 Black Stone Street, who noted concerns with (1) the 3% raise to the
staff in the proposed budget, (2) monies budgeted for lobbying efforts in both state and federal
levels, (3) increase in tax revenues, and (4) being the highest per capita debt and highest tax rates
of comparable cities.
At 7:07 P.M., Mayor Capetillo closed the public hearing regarding the City of Baytown Fiscal
Year 2020-21 Proposed Budget.
b. Consider adopting or postponing the adoption of the City of Baytown Fiscal Year
2020-21 Municipal Budget.
Mayor Capetillo stated that he wanted to touch upon a few of the citizen comments and noted
that last year, the state did pass Senate Bill 2 which includes what they called a voter approved
tax rate that went from 8% to 3.5%, of which the proposed budget complies with, even with the
increases to the tax exemptions to those that are 65 years or older and/or disabled and with no
increases to the water rates. Mayor Capetillo noted that the proposed budget is very conservative
and does not include any new staff, which is a concern for him in a growing city as it relates to
providing services related to police and fire. He noted that the three percent increase for the
estimated 900 city employees is actually very modest, considering the level of hard work,
dedication and levels of expertise that they bring to the city. Mayor Capetillo noted that for the
third year in a row, the Council has reduced the tax burden on its citizens by lowering the city tax
for two years in a row and then increasing the exemptions in the third year. He noted that he is
most proud of in this proposed budget is all the things that are being address, such as the work on
Garth Road and many other infrastructure concerns throughout the City's single member districts
because this Council is the kind of council that likes to get things fixed. He noted that staff will
be addressing the concerns along Alexander Drive but noted that it will take some time to fix the
issues that have compounded over the many years of neglect in the area. Lastly, he noted that
the lobbying monies are used to pay for consultants to assist the City in reviewing hundreds of
bills that could potentially hurt the City and never have the lobbying consultants helped the City
advocated for or against anything detrimental to the city and this community.
Council Member Presley recommended postponing the adoption of the budget to allow for more
members of the public to give their input.
Council Member Hoskins noted that as it relates to the comment about taxpayer funded
lobbying, the perception that lobbying happens at a bar in Hawaii is not true and that is not
allowed. He stated that the lobbyist are the City's consultants, which are shared with other
surrounding cities so everyone can get the best bang for their buck and work together to stop bad
legislation. Council Member Hoskins also noted that the increase in this year's budget is
because of the amazing growth in the area, while at the same time providing tax relief, the
Council is doing the right and prudent thing for its citizens.
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August 13, 2020
Page 8 of 21
Council Member Betancourth asked for input on the neighborhood empowerment grants as they
are very citizen centric. Assistant City Manager Nick Woolery stated through this pilot program
that would allow for neighborhood groups can bring in their ideas or projects that would better
their community and neighborhoods. Outside of this grant, there would be no funding in the
budget for these types of special projects.
Council Member Presley stated that $30,000 is not enough for these types of programs and he
would like to see that amount increased.
A motion was made by Council Member Laura Alvarado, and seconded by Mayor Pro Tem
Charles Johnson to postpone the adoption of the City of Baytown Fiscal Year 2020-21 Proposed
Budget to the next regularly scheduled meeting, August 27, 2020. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tem Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
C. Consider an ordinance amending Chapter 98 "Utilities" of the Code of Ordinances,
Baytown, Texas, to update certain service fees and add new service fees related to utility
services provided by the City of Baytown.
Assistant Finance Director Gina Guillory, presented the item and stated that this item was
discussed at a previous work session, and staff still recommended approval of the proposed fees.
A motion was made by Council Member David Himsel, and seconded by Council Member Laura
Alvarado to approve Ordinance No. 14,456, related to Item 4.c. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tem Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 14,456
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES,"
ARTICLE III "WATER SERVICE" OF THE CODE OF ORDINANCES,
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August 13, 2020
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BAYTOWN, TEXAS, BY ADDING A NEW SECTION TO BE
NUMBERED AND ENTITLED SECTION 98-61.5 "VACANT
PROPERTY"; AMENDING CHAPTER 98 "UTILITIES," ARTICLE III
"WATER SERVICE," SECTION 98-62 "PROCEDURES AND
REMEDIES FOR NONPAYMENT OF BILLS," SUBSECTIONS (B),
(E), (F), AND (J) OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO UPDATE CERTAIN UTILITY FEES; PROVIDING FOR A
PENALTY NOT EXCEEDING FIVE HUNDRED AND NO 100
DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
5. 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.
There was no staff summary and there was one person signed up to speak on this item.
Byron Schirmbeck, 4727 Black Stone Street, who presented an analysis of the city manager's
compensation in comparison to other city managers, the Texas Governor, and the mayors of
Houston and New York, and noted that lie is paid handsomely and recommended that the city
manager either decline his raise or donate it to other lower paying employees.
Mayor Capetillo and Council Member Hoskins stated that Mr. Schinnbeck's wage analysis was
not completely accurate or fair as Baytown had a different form of government than Houston and
New York. Council also noted that Mr. Davis was an exceptional city manager that had done
wonderful things for the city and they were happy with the services he had provided their and
the organization.
Council Member Presley and Council Member Johnson requested clarification on whether the
city manager was due a 2% raise or a 3% raise. Assistant City Manager Kevin Troller stated that
both HR Director Carol Flynt and City Manager Davis were clear and correct in their answers
that the current year of FY20, employees got 2% raise with next year being FY21 with the
proposed budget having a 3% increase. He noted that when Council has given the city manager
his raises in the past, they have looked at what year was being considered, and to the best of his
knowledge, the Council has always looked forward to the proposed year. Interim City Attorney
Karen Horner stated, in response to a question from Mayor Capetillo on the city manager's raises
that, the contract amendment before the Council included this clarification language to note that
the raise is for the fiscal year of when the review was given, which was not so in the past.
The Council thanked Mr. Davis for all of his hard work and dedication to them, the organization
and the city.
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August 13, 2020
Page 10 of 21
A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member
Heather Betancourth to approve Ordinance No. 14,457, related to Item 5.a. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 14,457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FOURTH AMENDMENT TO THE
AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT AS
CITY MANAGER WITH RICHARD L. DAVIS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider an ordinance repealing Chapter 14 "Animals" of the Code of Ordinances,
Baytown, Texas (the "Code") and amending and updating the Code to include a new
chapter to be numbered and entitled Chapter 14 "Animals" to include new definitions,
micro -chipping requirements for certain animals, restricting the sale of animals from
public property, and allowing certain animals to be maintained within the City if specific
distancing is satisfied.
Health Director Tony Gray presented the item and stated that it has been three weeks since the
last time that this item was brought before the Council and pointed that in addition the changes in
the agenda packet, the Council has a red -lined copy of the ordinance at the dais. He noted three
minor revisions to Chapter 14: 1) On page 10, they had to revise the wording in section 14-8
since council had recently amended the ULDC to allow barns in residential zoning districts
provided the spacing requirements in Chapter 14 were satisfied, therefore, with the help of Legal
and the Planning division, they removed the reference to zoning districts and replaced with
"property held, used or zoned for noncommercial purposes." They also removed the deduction
calculation and instead reduced the number of points allowed per acre from 100 to 50 points, and
removed any points attributed to pigs as they are prohibited. 2) On page 12, section 14-10
"Public Nuisances," they added two words to part (a) where it says, "offensive by reason of odor,
or dust or to create a condition" that could potentially become a nuisance. In part (c), they also
added two words at end of sentence where it states, "the lack of or improper disposal of an
animal or aninzal n,aste," to better clarify conditions that would help them enforce a nuisance
type violation. 3) On page 26, in regards to the liability insurance coverage requirement for a
declared dangerous dog was $100,000 per state code, but they increased it to $300,000 to cover
damages resulting from an attack by a dangerous dog.
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August 13, 2020
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Mr. Jay Garrett, board member of the Animal Control Advisory Committee, highlighted some of
proposed changes regarding the language that allows them to care for the animals as a designated
caretaker, 1) to vaccinate animals upon intake and be a responsible City entity and caring for the
animals that come to our facility, which they are several years behind from a municipal's
perspective compared to other municipalities, and 2) allows them to microchip animals, which
helps identify animals that are coming to the shelter regularly, in return it saves cost and
manpower and allows animals to get homes sooner. The clean copy in front of them of the
revised ordinance does not include all of the updates that they wished to do as they are working
off several years of documentation and it is incredibly labor intensive for the committee and
from an administrative perspective, however, they will keep pushing forward and try to improve
the processes for animal welfare.
Mayor Pro Tern Johnson asked that they look into revising the ordinance to address cats in the
very near future. Council Member Hoskins asked if they used proper tenn "animal services"
versus "animal control" throughout the document, and Interim City Attorney Karen Horner
stated that they made sure to use the defined terms noted at the beginning of the chapter
appropriately throughout the document. Council Member Hoskins went on to discuss certain
changes as it relates to enforcement of animal cruelty and whether citations can be issued, micro -
chipping requirements, euthanizing, the reduction of time for animals to be adopted from 5 to 3
days, which Health Director Gray indicated that although they want to provide the care, they also
want to give quicker turnaround to place animals in homes and reduce overcrowding and the risk
of spreading diseases within the shelter. The three days does not include the date of
impoundment. In regards to liability requirements for declared dangerous dogs, Council Member
Himsel asked if they could make it a requirement for the Health department to be notified if an
incident occurs, whether it is a bite to a hurnan or a killing of other animals on private property.
Mr. Gray stated that they would only know if there was a witness present or if the animal owner
of the victim animal notifies them, or if they require hospital care then the hospital is required to
report it to the local health authority. Assistant City Manager Kevin Troller emphasized that the
City Manager's top priority has always been the people and the importance of keeping the
citizens safe on the streets, especially when it comes to aggressive animals.
A motion was made by Council Member Heather Betancourth, and seconded by Council
Member Laura Alvarado to approve Ordinance No. 14,458, related to Item 5.b. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tem Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
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August 13, 2020
Page 12 of 21
ORDINANCE NO. 141458
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 14 "ANIMALS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; AMENDING THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW CHAPTER TO BE
NUMBERED AND ENTITLECHAPTER 14 "ANIMALS" TO UPDATE THE
ANIMAL CONTROL ORDINANCE TO STATE LAW, TO ESTABLISH
MINIMUM STANDARDS FOR PROPER CARE AND TO REQUIRE MICRO -
CHIPPING OF CERTAIN ANIMALS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) FOR
OFFENSES CONSTITUTING PUBLIC NUISANCES AND FIVE IIUNDRED
AND NO/100 DOLLARS (S500.00) FOR ALL OTIIER OFFENSES; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
6. PROPOSED RESOLUTIONS
a. Consider establishing a policy regarding the number of City boards, committees,
commissions, and task forces a person may be appointed to by the City Council and serve
at the same time.
Interim City Attorney Karen Horner presented the item and stated that this proposed resolution
establishes a policy regarding the number of City boards, committees, commissions, and task
forces a person may be appointed to by the City Council and serve at the same time, and limited
the number to two city boards. She noted that for the purposes of this policy the MDD and PCF
were considered one board and the TIRZ and BRA were considered one board. Mrs. Horner
noted that this policy will apply to future appointments and will not require any person to resign
from a position to which he/she is currently appointed, and should the Council desire to suspend
this policy to appoint someone to a third board, it could by a 2/3 majority vote of the Council and
not just of those present.
A motion was made by Council Member Laura Alvarado, and seconded by Council Member
Robert C. Hoskins to approve Resolution No. 2670, related to Item 6.a. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tem Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
City Council Regular Meeting Minutes
August 13, 2020
Page 13 of 21
RESOLUTION NO. 2670
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ADOPTING A POLICY REGARDING THE NUMBER OF CITY
BOARDS, COMMITTEES, COMMISSIONS, TASK FORCES, ENTITIES,
AND CORPORATIONS ON WHICH A PERSON MAY SERVE AT ONE
TIME; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider approving a resolution nominating Covestro LLC to the Office of the
Governor, Texas Economic Development Bank, for designation as a qualified business and
an Enterprise Project under the Texas Enterprise Zone Program.
Planning and Development Services Director Tiffany Foster presented the item and stated that
the proposed resolution nominates Covestro LLC to the Office of the Governor, Texas Economic
Development Bank, for designation as a qualified business and an Enterprise Project under the
Texas Enterprise Zone Program. Covestro LLC intends to invest approximately $834,910,000
over the next five years at the Baytown manufacturing facility. This would include spending to
expand, upgrade, repair, and maintain the facility. The planned capital improvement projects are
primarily focused on increasing manufacturing capacity and efficiency that will improve the
operations of the production units. Upgrades are also needed to comply with corporate and
government safety policies. As a result of this significant capital investment, Covestro LLC
respectfully requests to receive job creation and retention benefits under the Texas Enterprise
Zone Program. Covestro LLC qualifies for the retained jobs benefit under Texas Government
Code Section 2303.406(a)(4)(D), because it has and will continue to employ individuals who are
enterprise zone residents, economically disadvantaged, or veterans. Covestro LLC commits to
retain 1,152 jobs and create 50 new jobs.
A motion was made by Council Member Laura Alvarado, and seconded by Council Member
David Himsel to approve Resolution No. 2671, related to Item 6.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
RESOLUTION NO. 2671
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, NOMINATING COVESTRO LLC, TO THE TEXAS ECONOMIC
DEVELOPMENT AND TOURISM OFFICE WITHIN THE OFFICE OF THE
GOVERNOR THROUGH THE TEXAS ECONOMIC DEVELOPMENT BANK
City Council Regular Meeting Minutes
August 13, 2020
Page 14 of 21
FOR DESIGNATION AS A QUALIFIED BUSINESS AND AN ENTERPRISE
PROJECT UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER
THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS
GOVERNMENT CODE; PROVIDING A REPEALING CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
7. CONSENT
A motion was made by Council Member Chris Presley, and seconded by Council Member Laura
Alvarado to approve Consent Agenda Items Ta. through 7.n., save and except Items 7.d. and TE
The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
a. Consider an ordinance authorizing the closeout, acceptance, and final payment for
the 2018 Annual Sanitary Sewer Rehabilitation Project Year 1 to Texas Pride Utilities
LLC.
ORDINANCE NO. 14,459
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE 2018 ANNUAL SEWER REHABILITATION
PROJECT YEAR l; AUTHORIZING FINAL PAYMENT OF THE SUM OF
FIFTY-THREE THOUSAND NINE HUNDRED SEVENTY-SIX AND 371100
DOLLARS ($53,976.37) TO TEXAS PRIDE UTILITIES LLC, FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing acceptance, closeout and release of retainage to
Triple B Services LLP, for the 2018 Street Reconstruction Project.
ORDINANCE NO. 141460
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE 2018 STREET RECONSTRUCTION PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED
FIFTY-EIGHT THOUSAND THREE HUNDRED NINETY-FOUR AND 72.100
DOLLARS ($158,394.72) TOTRIPLE B SERVICES LLP, FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
August 13, 2020
Page 15 of 21
C. Consider an ordinance authorizing a Consulting Services Agreement with Hill
International, Inc., to perform construction inspection services, for the Animal Services
and Adoption Shelter Project.
ORDINANCE NO. 14461
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH
HILL INTERNATIONAL, INC., FOR CONSTRUCTION INSPECTION
SERVICES FOR THE ANIMAL SERVICES AND ADOPTION SHELTER
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY-THREE
THOUSAND NINE HUNDRED AND NOI 100 DOLLARS ($123,900.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance awarding the Northeast District Wastewater Treatment
Plant Cleaning to Magna -Flow Environmental Services, Inc.
ORDINANCE NO. 141462
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF MAGNA-FLOW ENVIRONMENTAL
SERVICES, INC., FOR THE NORTHEAST DISTRICT WASTEWATER
TREATMENT PLANT CLEANING PROJECT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH MAGNA-FLOW ENVIRONMENTAL
SERVICES, INC., FOR THE NORTHEAST DISTRICT WASTEWATER
TREATMENT PLANT CLEANING PROJECT; AUTHORIZING PAYMENT
NOT TO EXCEED THE SUM OF ONE HUNDRED TWENTY-THREE
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($123,500.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing Amendment No. 2 to the Services Agreement
with The University of Texas M.D. Anderson Cancer Center in furtherance of its Healthy
Communities initiatives.
ORDINANCE NO. 14,463
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 THE SECOND
AMENDMENT TO THE SERVICES AGREEMENT WITH THE UNIVERSITY
City Council Regular Meeting Minutes
August 13, 2020
Page 16 of 21
OF TEXAS M.D. ANDERSON CANCER CENTER; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
h. Consider an ordinance authorizing a payment to Versaterm, Inc., for the annual
support and software maintenance.
ORDINANCE NO. 141464
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SEVENTY-
FOUR THOUSAND THREE HUNDRED SEVENTY AND NO/100 DOLLARS
($174,370.00) TO VERSATERM, INC., FOR ANNUAL SUPPORT AND
SOFTWARE MAINTENANCE; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
i. Consider an ordinance approving the purchase and installation of audio/visual
equipment at the Fire Training Facility from DataVox Inc., through the Texas Department
of Information Resources.
ORDINANCE NO. 141465
AN ORDINANCE OF TI IE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SIX
THOUSAND ONE HUNDRED EIGHTY-THREE AND 37/100 DOLLARS
(S 106,183.37) TO DATAVOX INC., FOR THE PURCHASE AND
INSTALLATION OF AUDIOVISUAL EQUIPMENT AT THE FIRE
TRAINING FACILITY THROUGH THE TEXAS DEPARTMENT OF
INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
j. Consider an ordinance authorizing the award of the Annual Tire and Tube
Contract to Goodyear Tire and Rubber Company and to Fullers Tire Company.
ORDINANCE NO. 145466
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BIDS OF GOODYEAR TIRE AND RUBBER
COMPANY AND FULLERS TIRE COMPANY AS DESCRIBED HEREIN
FOR THE ANNUAL TIRE AND TUBE CONTRACT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF ONE
HUNDRED SEVENTY-FOUR THOUSAND EIGHT HUNDRED FIFTY-TWO
AND NOl 100 DOLLARS ($174,852.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
City Council Regular Meeting Minutes
August 13, 2020
Page 17 of 21
k. Consider an ordinance approving an Interjurisdictional Mutual Aid Agreement
with Chambers County, the City of Anahuac, the City of Beach City, the City of Cove, the
City of Old River-Winfree, and the City of Mont Belvieu, to foster communications and the
sharing of resources, personnel and equipment in the event of a disaster.
ORDINANCE NO. 141467
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
INTERJURISDICTIONAL MUTUAL AID AGREEMENT WITH CHAMBERS
COUNTY, THE CITY OF ANAHUAC, THE CITY OF BEACH CITY, THE
CITY OF COVE, THE CITY OF OLD RIVER-WINFREE, AND THE CITY OF
MONT BELVIEU, TO FOSTER COMMUNICATIONS AND THE SHARING
OF RESOURCES, PERSONNEL AND EQUIPMENT IN THE EVENT OF A
DISASTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
I. Consider an ordinance authorizing a Professional Service Agreement with Public
Management, Inc. for the Administration of Disaster Recovery Funding.
ORDINANCE NO. 145468
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A GRANT ADMINISTRATION SERVICES
AGREEMENT FOR DISASTER RECOVERY FUNDING WITH PUBLIC
MANAGEMENT, INC.; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
In. Consider a resolution approving the issuance of $6,215,000 Unlimited Tax Bonds,
Series 2020 by Harris County Municipal Utility District No. 473 as meeting the
requirements of Section 98-703(17) of the Code of Ordinances, Baytown, Texas.
RESOLUTION NO. 2672
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING HARRIS COUNTY MUNICIPAL UTILITY DISTRICT
NO. 473'S ISSUANCE OF SIX MILLION TWO HUNDRED FIFTEEN
THOUSAND AND NO! 100 DOLLARS ($6,215,000.00) UNLIMITED TAX
BONDS, SERIES 2020, AS MEETING THE REQUIREMENTS OF SECTION
98-703(17) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
August 13, 2020
Page 18 of 21
n. Consider a resolution authorizing the City of Baytown to submit a grant application
to the U.S. Department of Justice, Bureau of Justice Assistance, for the FY2020 Edward
Byrne Memorial Justice Assistance Grant (JAG) Program on behalf of the Police
Department.
RESOLUTION NO. 2673
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO SUBMIT A GRANT APPLICATION TO THE U.S.
DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR
THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
("JAG") PROGRAM, FY2020 LOCAL SOLICITATION ON BEHALF OF
THE BAYTOWN POLICE DEPARTMENT IN AN AMOUNT NOT TO
EXCEED NINETEEN THOUSAND SEVEN HUNDRED NINETEEN AND
NO. 100 DOLLARS ($19,719.00); DESIGNATING AN AUTHORIZED
REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF
GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Consider an ordinance authorizing a Development Agreement for the Use of City -
Owned Detention Facilities with PDG Baytown, LLC.
A motion was made by Council Member Chris Presley, and seconded by Council Member
Robert C. Hoskins to approve Ordinance No. 14,469, related to Item 7.d. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 141469
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A DEVELOPMENT AGREEMENT FOR THE USE
OF CITY - OWNED DETENTION FACILITIES WITH PDG BAYTOWN,
LLC.; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
August 13, 2020
Page 19 of 21
f. Consider an ordinance authorizing the renewal of the Annual Hot -Mix Asphalt
Contract with Century Asphalt Ltd.
A motion was made by Council Member Chris Presley, and seconded by Council Member David
Himsel to approve Ordinance No. 14,470, related to Item 7.f. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council
Member Chris Presley, Mayor Pro Tern Charles Johnson, Council
Member Heather Betancourth, Council Member Robert C. Hoskins and
Council Member David Himsel
Nays: None
Approved
ORDINANCE NO. 141470
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL HOT -MIX ASPHALT CONTRACT
WITH CENTURY ASPHALT LTD., AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN THE SUM OF ONE HUNDRED EIGHT
THOUSAND AND NO:100 DOLLARS ($108,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
8. APPOINTMENTS
a. Consider seven (7) appointments to the Charter Review Committee
City Clerk Leticia Brysch presented the item and stated that this item allowed for each Council
Member to appoint one person that resides within the city limits of Baytown to this committee.
She stated that staff would continue to place this item on the agenda until such time as all seven
members have been appointed. Council Member Hoskins stated that he nominated Mr. Pi-Yi
Mayo as his District No. 5 representative to the Charter Review Committee.
A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member
Laura Alvarado to appoint Mr. Pi-Yi Mayo as the District No. 5 representative to the Charter
Review Committee. 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
City Council Regular Meeting Minutes
August 13, 2020
Page 20 of 21
Approved
b. Consider one (1) appointment to the Planning and Zoning Commission.
City Clerk Leticia Brysch presented the item and stated that the City Manager was submitting
Ms. Helen Berrot-Tims as his ETJ Nomination, to replace Mr. Kevin D. Foxworth who resigned
in June 2019.
A motion was made by Mayor Pro Tern Charles Johnson, and seconded by Council Member
Chris Presley to appoint Ms. Helen Berrot-Tims as the City Manager's ETJ appointment. 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
9. MANAGER'S REPORT
City Manager presented judos and recognitions to the staff and noted that (1) it was Mr. Nick
Woolery's birthday in addition to his work anniversary and (2) that this was Planning and
Development Services Director Tiffany Foster's last council meeting as she is retiring after many
years of amazing service.
10. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Sections 551.071 and
551.087 of the Texas Government Code to deliberate the offer of a financial or other
incentive to a business prospect and to seek the advice of the City's attorneys on legal
matters related thereto.
At 8:36 P.M., Mayor Capetillo recessed and convened into an executive session pursuant to
Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a
financial or other incentive to a business prospect and to seek the advice of the City's attorneys
on legal matters related thereto.
At 9:27 P.M., Mayor Capetillo reconvened the Open Meeting of the City Council Regular
Meeting and announced that in accordance with Section 551.102 of the Texas Open Meetings
Act, no action was taken in the Executive Session.
City Council Regular Meeting Minutes
August 13, 2020
Page 21 of 21
11. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the August 13, 2020,
City Council Regular Meeting at 9:27 P.M.
Le icia Brysch, City Cle ~
City of Baytown °
NA CO