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2020 08 31 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 31, 2020 The City Council of the City of Baytown, Texas, met in a Special Meeting on Monday, August 31, 2020, at 6:35 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 Homer Leticia Brysch Keith Dougherty Council Member Council Member Mayor Pro Tern Council Member Council Member Council Member Mayor City Manager Assistant City Attorney City Clerk Sergeant at Arms Mayor Capetillo convened the August 31, 2020, City Council Special Meeting with a quorum present at 6:35 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 August 13, 2020. A motion was made by Council Member Laura Alvarado, and seconded by Council Member Robert C. Hoskins to approve the minutes of the City Council Work Session and Regular Meeting held on August 13, 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 City Council Regular Meeting Minutes August 31, 2020 Page 2 of 11 Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Human Resources Director Carol Flynt presented the item and provided a video presentation for all the individuals that received years of service awards for the month of August. The years of service awards were the following: 5 YEARS: TERRY RAYMOND, PARKS BUILDING MAINTENANCE SUPERVISOR MARKUS RIVERS, PATROL OFFICER THOMAS BROWN, PATROL OFFICER EDGAR AVITIA, PATROL OFFICER ROBERT MUCKA, PUBLIC WORKS CONCRETE SPECIALIST JOSHUA MURPHY, PUBLIC WORKS EQUIPMENT SPECIALIST 10 YEARS: MACLA AGUILERA, PATROL OFFICER ERIC FILYAW, PATROL OFFICER BARRY CALVERT, PATROL OFFICER KELVIN CHENEVERT, PATROL OFFICER 15 YEARS: WILLIAM RYNEARSON, FIRE LIEUTENANT ROBERT HEBERT, FIRE EQUIPMENT OPERATOR THEREASA DANIEL, COMPUTER SYSTEM SPECIALIST UII 30 YEARS: JAMES KERR, PATROL OFFICER 3. PROPOSED RESOLUTIONS a. Consider an ordinance extending the Declaration of Local Disaster issued on August 24, 2020, and any orders, rules, and regulations issued by the Mayor pursuant thereto. This item was no longer necessary and no action was taken on this item. b. Consider a resolution amending Resolution No. 2661 to update the name, composition, terms and requirements of the Baytown Community Engagement Advisory Committee. City Council Regular Meeting Minutes August 31, 2020 Page 3 of 11 Interim City Attorney Karen Horner presented the item and indicated that the amendments were a result of the discussion held at their last council retreat and at the recent council work session, in which they requested the following: 1) Changing the name from Community Engagement Advisory Committee to Baytown Police Advisory Committee; 2) Reduced the number of committee members from 25 with 2 ex-officio members down to 9 committee members with no ex-officio members, with each council member having an appointment as well as the City Manager and Police Chief; 3) Changed from a one year to a two-year term, terms will be staggered and the initial staggering will be based on lots, five members will have a two-year term while four members will have a one-year term; 4) Qualifications include that members have to be residents of Baytown, with one exception being that the Mayor's initial appointment may reside in the ETJ; 5) Training requirements include that they participate in at least one police education program or activity during their term; and 6) The effective date would be October Is', in order to give council members and staff time to appoint the members. Council Member Alvarado stated that they had discussed at the last meeting that the committee members would be able to decide the committee name and Ms. Horner indicated that they City has to establish a name and if they decide to change it at a future date, it would require they bring back item before council in order to amend the ordinance. Council Member Alvarado went on to state that she wanted to thank the current members for their service and commitment to the board, as not all members will be on the new board and there will be several changes. She wanted to stress that although the City is formalizing the committee in order to better streamline the information, they do welcome everyone's input or citizen participation, if at any point there is an agenda item at future council meetings that they would like to discuss, and you do not have to be part of a committee to be heard. Mayor Capetillo agreed with Council Member Alvarado and stated that he would be meeting with the current CEAC committee prior to October 1 S' and does appreciate their time for the past year, certainly their efforts, he learned a lot from the different town hall meetings and workshops they held, and the new committee is a more permanent home for this type of forum and discussion to meet the needs of the community. A motion was made by Council Member Robert C. Hoskins, and seconded by Mayor Pro Tern Charles Johnson to approve Resolution No. 2674, 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 RESOLUTION NO. 2674 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING RESOLUTION NO. 2661 TO UPDATE THE NAME, APPOINTMENT, COMPOSITION, TERMS ANI] REQUIRMENTS OF THE City Council Regular Meeting Minutes August 31, 2020 Page 4 of 11 BAYTOWN POLICE ADVISORY COMMITTEE MEMBERS AND TO EXTEND THE EFFECTIVE DATE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. MOTIONS a. Consider an ordinance adopting the City of Baytown Fiscal Year 2020-21 Municipal Budget. Finance Director Victor Brownlees stated that there were no amendments made to the municipal budget from the last meeting so he had no further comments at this time. Council Member Presley clarified that the tax -funded lobbying, even though approved in the budget, would still have to be reviewed and approved by the Council moving forward. Council Member Johnson stated that he was happy to see that the City has tried to reduce the tax rate burden and asked that staff ensure that this trend is continued next year. Mr. Brownlees stated that the staff is working on a long-term plan to help reduce the tax -rate in a manner that does not negatively impact the City's finances and services. A motion was made by Council Member Laura Alvarado, and seconded by Council Member Robert C. Hoskins to approve Ordinance No. 14,471, related to Item 4.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. 14,471 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021, IN ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. Mayor Capetillo took that agenda out of order and considered the consent agenda and appointments, followed by the reports. City Council Regular Meeting Minutes August 31, 2020 Page 5 of 11 6. CONSENT A motion was made by Mayor Pro Tern Charles Johnson, and seconded by Council Member Chris Presley to approve Consent Agenda Items 6.a. through 6.h. as submitted. 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 a. Consider an ordinance authorizing a Professional Service Agreement with Costello, Inc., for the Lincoln Cedars & Julie Ann Villa Drainage Improvements Project. ORDINANCE NO. 14,472 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR CONSULTING SERVICES WITH COSTELLO, INC., FOR THE CDBG-DR LINCOLN CEDARS AND JULIE ANN VILLA DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED NINE THOUSAND ONE HUNDRED FIFTY-SEVEN AND NO/100 DOLLARS ($209,157.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDINNG FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance approving an amendment to the Baytown Crime Control and Prevention District FY2019-2020 Budget to reprogram funds from the contingency/new initiatives (20601-99002) to Elections (20601-74070) to cover the election services costs associated with the District's November 3, 2020, Continuation Election. ORDINANCE NO. 14,473 AN ORDINANCE OF THE CITY COUNCIL OF TIDE CITY OF BAYTOWN, TEXAS, APPROVING A BUDGET AMENDMENT TO THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT'S FISCAL YEAR 2019-20 BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance approving an amendment to the Baytown Fire Control, Prevention and Emergency Medical Services District FY2019-2020 Budget to reprogram funds from the contingency/new initiatives (20701-99001) to Elections (20701-74070) to City Council Regular Meeting Minutes August 31, 2020 Page 6 of 11 cover the election services costs associated with the District's November 3, 2020, Continuation Election. ORDINANCE NO. 14,474 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AN AMENDMENT TO THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT'S FISCAL YEAR 2019-20 BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d . Consider an ordinance approving Change Order No. 11 between Baytown Area Water Authority and Pepper Lawson Waterworks, LLC, for the BAWA 6 1NIGD Surface Water Treatment Plant. ORDINANCE NO. 14,475 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING CHANGE ORDER NO. 11 TO THE BAYTOWN AREA WATER AUTHORITY 6 MGD SURFACE WATER TREATMENT PLANT PROJECT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND PEPPER LAWSON WATERWORKS, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing payment to Goose Creek Consolidated Independent School ❑istrict for ad valorem tax assessment and collection services. ORDINANCE NO. 14,476 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT FOR AD VALOREM TAX ASSESSMENT AND COLLECTION SERVICES FOR FY 2019-2020 TO GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT IN THE AMOUNT OF SEVENTY-FOUR THOUSAND THREE HUNDRED SIXTY-ONE AND 05/100 DOLLARS ($74,361.05); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance awarding the Annual Lawn and Landscaping Maintenance Contract to Yellowstone Landscape -Central, Inc. ORDINANCE NO. 14,477 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF YELLOWSTONE LANDSCAPE - CENTRAL, INC., FOR THE ANNUAL LAWN AND LANDSCAPING City Council Regular Meeting Minutes August 31, 2020 Page 7 of 11 MAINTENANCE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF TWO HUNDRED FORTY-THREE THOUSAND FOUR HUNDRED SEVENTY-ONE AND NO/100 DOLLARS ($243,471.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the renewal of the Annual Installation and Repair of Traffic Signal Equipment Contract with Southwest Signal Supply, Inc. ORDINANCE NO. 14,478 AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL INSTALLATION AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT WITH SOUTHWEST SIGNAL SUPPLY, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-THREE THOUSAND SIX HUNDRED AND NO'100 DOLLARS ($133,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR TliE EFFECTIVE DATE THEREOF. h. Consider an ordinance authorizing the renewal of the Annual Gasoline and Diesel Fuel Contract to Gold Star Petroleum, Inc. ORDINANCE NO. 14,479 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING TIIE RENEWAL OF THE ANNUAL GASOLINE AND DIESEL FUEL CONTRACT WITH GOLD STAR PETROLEUM, INC.; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE MILLION TWO HUNDRED THOUSAND AND NO100 DOLLARS ($1,200,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Consider two (2) appointments to the Baytown Area Water Authority. City Clerk Leticia Brysch clarified, per the City Manager's direction, that staff did verify that all of the appointment being considered today are within the scope of the new policy to limit them to two Council boards, committees, or commissions. A motion was made by Mayor Pro Tern Charles Johnson, and seconded by Council Member Heather Betancourth to re -appoint Ms. Brenda Bradley -Smith and Mr. Brandon Benoit to the Baytown Area Water Authority to serve another two-year term. The vote was as follows: City Council Regular Meeting Minutes August 31, 2020 Page 8 of 11 Ayes: Mayor Brandon Capetillo, Mayor Pro Tern Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council Member Ileather Betancourth, Council Member Robert C. Iloskins and Council Member David Himsel Nays: None Approved b. Consider two (2) appointments to the Parks and Recreation Board. A motion was made by Council Member Laura Alvarado, and seconded by Council Member Chris Presley to re -appoint Mr. Agustin Loredo III and Dr. Yvonne Thomas-Chapa to the Parks and Recreation Board to serve another three-year term. 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 C. Consider four (4) appointments to the Baytown Crime Control and Prevention District. City Clerk Leticia Brysch stated that there are only three re -appointments at this time, the fourth appointment is for a current vacancy for the District 1 At -large position, but there are no applicants at this time. A motion was made by Mayor Pro Tern Charles Johnson, and seconded by Council Member Chris Presley to re -appoint Ms. Rikki Wheeler, Dr. Chris Warford, and Mr. Steele Arthur to the Baytown Crime Control and Prevention District to serve another two-year term. 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 flimsel Nays: None Approved City Council Regular Meeting Minutes August 31, 2020 Page 9 of 11 d. Consider four (4) appointments to the Baytown Fire Control, Prevention, and Emergency Medical Services District. Mayor Capetillo requested that his appointment of Ms. Brenda Bradley Smith be removed from consideration as he would like to speak to her about this particular appointment. A motion was made by Mayor Pro Tem Charles Johnson, and seconded by Council Member Chris Presley to re -appoint Mr. John Adkins, Mr. Richard Carr, and Mr. Barry Hawkins to the Baytown Fire Control, Prevention and Emergency Medical Services District to serve another two-year term. 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 e. Consider four (4) appointments to Baytown Tax Increment Reinvestment Zone No. One and the Baytown Redevelopment Authority. A motion was made by Council Member David Ilimsel, and seconded by Council Member Robert C. Hoskins to re -appoint Mr. David Carr, Mr. Gilbert Santana, Mr. Shawn McDonald, and Mr. Oscar Chapa, Jr., to the Baytown Tax Increment Reinvestment Zone No. One and the Baytown Redevelopment Authority to serve another two-year term. 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 C Consider two (2) appointments to the Baytown Housing Authority. A motion was made by Council Member Heather Betancourth, and seconded by Council Member Robert C. Hoskins to appoint Ms. Elizabeth Thompson and Mr. Eddie Williams to the Baytown Housing Authority to complete unexpired terms. The vote was as follows: Ayes: Mayor Brandon Capetillo, Mayor Pro Tem Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Council City Council Regular Meeting Minutes August 31, 2020 Page 10 of 11 Member Heather Betancourth, Council Member Robert C. Hoskins and Council Member David Himsel Nays: None Approved g. Consider six (6) appointments to the Charter Review Committee. A motion was made by Mayor Pro Tern Charles Johnson, and seconded by Council Member Laura Alvarado to appoint Ms. Rhonda Lopez, Mr. Mike Beard, Mr. Richard Rayon, Ms. JoAnn Fenley, Ms. Briceida Alcaraz, and Mr. James Coker 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. I ioskins and Council Member David Himsel Nays: None Approved 5. REPORTS a. Receive the annual update on the Strategic Action Plan for the Comprehensive Plan. Assistant Director of Planning and Development Services Nathan Dietrich presented an overview of the plan. Mayor Capetillo stated that the plan had been received. b. Receive a report regarding (i) the 2020 "Wade Into Wetlands" Summer Science Camp and (ii) the Oyster Reef Project. Superintendent of Natural Resources Tracey Prothro presented the item and gave the Council an overview of the summer camp activities with COVID-19 protocols and safety procedures. She also gave a brief overview of the Oyster Reef Project and thanked the Council for their continued support of their programs. The Council voiced their appreciation of the Park's summer programs and thanked Ms. Prothro for her continued excellence. Mayor Capetillo returned to the regular order of the agenda. City Council Regular Meeting Minutes August 31, 2020 Page 11 of 11 8. MANAGER'S REPORT City Manager Rick Davis stated he had no report and seceded time to Assistant Director of Parks and Recreation Clifford Hatch for information on Park's programming. Mr. Hatch introduced the Brown Bag Friday Series for the month of September and noted that each Friday in September, from noon to 1:00 P.M., at the Town Square, the Parks Department will have live bands playing and invited everyone out to enjoy the events. 9. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the August 31, 2020, City, Ceticia Brysch, City City of Baytown at 7:09 P.M. ♦ P O r O LL �o •0 0