2020 12 10 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
December 10, 2020
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
December 10, 2020, at 6:32 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 Tern
Council Member
Council Member
Council Member
Mayor
City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor Capetillo convened the December 10, 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 Chris 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 October 22, 2020.
A motion was made by Mayor Pro Tern Charles Johnson, and seconded by Council Member
Laura Alvarado, to approve the minutes of the City Council Work Session and Regular Meeting
held on October 22, 2020, 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
City Council Regular Meeting Minutes
December 10, 2020
Page 2 of 28
Nays: None
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Receive recognition from the Scenic City Certification Program for achieving a
Certified Scenic City Bronze status.
Ms. Sarah Tober, Executive Director with Scenic Texas, presented recognition to Council. She
stated that they are a thirty -five -year -old non-profit organization that has been operating the
Scenic City Program now for eleven years. They have eighty-five cities that are certified and
have eleven partners. Some of those partners include the Texas Municipal League, the American
Planning Association of Texas, the Urban Land Institute Chapters of Texas, the Houston -
Galveston Area Council, the Texas Historical Commission, and the American Council of
Engineering in Houston, so we have a number of these partners who have helped really craft this
program.
Ms. Tober stated that tonight is where we all meet in honor of Baytown's visual environment,
and the commitment from your community to preserve and enhance your scenic assets. Baytown
is working hard to create a hannonious balance between the built environment with nature,
which benefits residents, tourists, and businesses alike because beauty is good for business. The
application is a complex and rigorous process. It takes many, many hours, and it takes many,
many hours on the diagnostic side of it, too. So, I wanted to recognize the work that Brian Moran
did on this application as well as the Planning and Development Department, the Parks and Rec.
Department, of course, in conjunction with the city council's commitment to the standards and
quality of life impacts.
Hopefully, they were all able to catch the Texas Municipal League's magazine 'Texas Town',
and the city article that she wrote in November that featured the City of Baytown and the hard
work you all are doing. In the Scenic City Program Streetscape Enhancement Section, that
includes trees, landscaping, and sidewalks, Baytown ensured that sidewalks were at proper ADA
compliance, and were maintained in good condition, and have pedestrian buffers with a
minimum width of 2 feet. This kind of planning and commitment to pedestrian walkways
connectivity is exemplary in the Scenic Program and deemed necessary for residential quality of
life and economic benefit. The City of Baytown's proximity to Trinity Bay already makes the
city a desirable location for an outdoor enthusiast who enjoys kayaking, birding, or fishing, and
Baytown has demonstrated a commitment to interweaving nature and built environment with a
lively downtown square. Ms. Tober welcomed City of Baytown into an exceptional class of
Texas cities and the Scenic City Program and stated that they applaud its commitment to
providing a visual environment for generations to enjoy.
b. Present a recognition to Phillip Davis, City of Baytown Risk Management
Coordinator, for receiving the Texas Professional Risk Management Association's
(PRIMA) 2020 Rising Star of the Year award.
City Council Regular Meeting Minutes
December 10, 2020
Page 3 of 28
Human Resources Director Carol Flynt presented a recognition to Phillip Davis, City of Baytown
Risk Management Coordinator, for being selected Texas Professional Risk Management
Association's (PRIMA) 2020 Rising Star of the Year. This award, sponsored by Texas Chapter
PRIMA, is designed to recognize an individual who is relatively new to the field of risk
management, who have two to seven years of experience in the field of risk management, and
has exemplified leadership potential, achievement in the field and professional development.
Ms. Flynt proceeded to provide background information on Mr. Phillip Davis, who has been with
the City of Baytown for a little over three years as the Risk Management Coordinator. He has
actually been in public service for a little over ten years. He went to the University of Stephen F.
Austin, received a double major in Criminal Justice and Psychology, and then, he also went on
and received his Master's in Public Administration. At the City of Baytown, Phillip manages the
Safety Program, our Workers' Compensation Program, as well as our self -funded plans for
property liability and casualty insurance. He has been instrumental in revamping the city's Risk
Management and Safety Programs, and during his tenure, he has reinstated our safety committee,
re -written the safety manual, and managed the transition to our New Workers' Compensation
Third -Party Administrator, which has further righted the cost -savings to the city, but not only
that, and probably more importantly, she believes, is that it has improved the service and the care
for our employees who are injured on the job through offering a twenty -four-hour, seven-day a
week nurse line as well as telemedicine for all of those after-hours and on the weekend types of
injuries that can be handled by those means. The largest challenge he has faced so far is, of
course, dealing with Hurricane Harvey. He oversaw the reimbursement of two million dollars in
insurance claims, and then also our response to COVID here within our city employment. So, he
has been responsible for developing our exposure guidelines as well as the notification letters for
employees, our reporting protocols for COVID within the workplace. He manages our leave
management program, for the absences, and also our return to work procedures. He has had his
hands full for the past couple of months, and then he has also worked with local hospitals to get
testing with a twenty -four-hour turnaround for employees who are exposed on-the-job, so they
can return back to the workforce as quickly as possible.
Ms. Flynt stated that Mr. Davis is passionate about risk management, and he truly cares about
people and helping them out. He enjoys his job and educating city employees on why risk
management matters and how everyone eventually wears a risk management hat. He just recently
received this, but the statement says that he is currently working towards his Associate in Risk
Management Designation, which is a credentialing within the risk management group. He passed
two of his three certification exams, and she was happy to report that last week, he took his third
exam and he passed, so he will be credentialed. He is a father of three, he is married to his
beautiful wife, Allison. He is very active with the Cub Scouts, his church, and in his spare time,
he likes to practice martial arts, mountain biking, and punk rock concerts.
This is a prestigious award and we are proud that Phillip's accomplishments have resulted in his
selection and in this honor, which he is well -deserving.
C. Recognize four city employees who have demonstrated outstanding dedication and
service to the citizens of Baytown.
City Council Regular Meeting Minutes
December 10, 2020
Page 4 of 28
Mayor Capetillo stated that they had asked for supervisors and some directors to go and
nominate a few employees they believed were exceptional outstanding employees that come to
work every day with a can -do attitude and tackle whatever issues are thrown at them, and they
went through kind of a review. He stated that this item was originally scheduled to be presented
at the March 17, 2020, council meeting. He stated there were four employees that are considered
the 2020 Outstanding Employees of the Year, that have certainly performed exceptional, alike
many of our employees, but these four are the ones they wanted to highlight for this year.
Interim Public Affairs Director Alice Jauregui proceeded to individually express information on
each of the recognized four city employees who have demonstrated outstanding dedication and
service to the citizens of Baytown, and they are:
• Jacob Pearson - Information Technology;
Ms. Jauregui stated that Mr. Jacob Pearson is a Geographic Information Coordinator II with our
Information Technology Services Department, and has been with the city since 2015. In March
of 2017, Jacob became the technical architect for City Works Asset Management and Esri
Geographic Information Systems. Due to his efforts over the last three years, learning the
product capabilities, leading and efforts in user requirement gather meetings and directing the
implementation plans, the city now has a robust system for tracking location, labor, and material
cost for all city assets managed by public works and engineering, the fire department, the police
department, parks and recreation, and BAWA. Jacob's self -deprecating humor, patience, and
desire to succeed are key to his ability to lead diverse teams.
• Terry Raymond - Parks and Recreation.
Ms. Jauregui then recognized Mr. Terry Raymond, he is our Building and Maintenance
Supervisor for the Parks and Recreation Department. He was nominated by Scott Johnson, the
Director of Parks and Recreation. He has been with the department since 1999. Over the past
year, Terry has gone above and beyond in countless areas, not only for our Parks and Recreation
Department team but for anyone looking to host an event within our community. Terry is the one
who handles all the things no one else has thought of. When the Brunson needed wet floor signs
and mats for the reopening on short notice, Terry had a couple of extras he could send. When
public safety was at stake, Terry went to work on a day off to make sure a customer had enough
road closures for their event at Town Square. When a council member wanted extra decorations
for Christmas put out, Terry knew where extras were, where they were kept at the community
center, or even when third -party events have longer lines than expected, Terry and his staff
organized line stations to keep order and help our guests without being asked. Terry is an
extremely caring, innovative leader within the department, and is integral to the success of the
Parks and Recreation team.
• Zachary Start - Planning and Development Services;
Our next employee, Mr. Zachary Start, is the Deputy Chief Building Official for the Planning
and Development Services Department. He has been with the city for six years. Zach's
City Council Regular Meeting Minutes
December 10, 2020
Page 5 of 28
outstanding contributions are much more than his continual dedication to make the permit and
construction process run smoothly. He is always the first person to jump in and help anyone,
internal and external customers alike. Zach is solely responsible for overseeing all incoming
pennits for construction for the City of Baytown, Problem Solving and Managing Department,
and Plan Review staff, and has dedicated his efforts to advancing the City of Baytown pen -nit
process. He truly embodies the spirit and the goals that the City of Baytown has set forth, not just
in the words but in actions. The wow factor that separates Zach from other employees is his out -
of -the -box thinking, his world -class customer service skills, and his ability to make each and
every situation he is involved in better, for the customer and for the City of Baytown as a whole.
He was nominated by Mrs. Tiffany Foster, our previous Planning director.
• Juan Macias, P.E., CFM - Public Works and Engineering;
Lastly, but certainly not least, Ms. Jauregui stated they would like to recognize Mr. Juan Macias,
who is a Civil Design Engineer and Project Manager with the Public Works and Engineering
Department. He has been with the city since 2015. Juan has been a stabilizing force during a time
of transition for the Engineering Department. He is knowledgeable in all aspects of engineering
and has helped the department by doing anything required. He has completed plan reviews and is
a Certified Floodplain Manager. He reviews floodplain pen -nits and has helped manage several
key projects, including the hotel and convention center, Garth Road reconstruction, and the
Animal Services and Adoption Shelter Facility. Juan has a great attitude and is always willing to
help.
d. 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 December.
The years of service awards were the following:
5 YEARS:
MARK WORTHAN, I.T.S. NETWORK SYSTEM COORDINATOR III
BRANDY BALL, LIBRARY CUSTOMER SERVICE TECHNICIAN
10 YEARS:
LANCE FRAZAR, POLICE DETENTION SUPERVISOR
15 YEARS:
JON SNELL, FIRE LIEUTENANT
NOAH TRAVIS, FIRE LIEUTENANT
MATTHEW MITCHELL, FIREFIGHTER
BRIAN MCCLAIN, FIRE LIEUTENANT
GEORGE LUSITO, FIRE EQUIPMENT OPERATOR
20 YEARS:
ODIS DOBBINS, FIRE LIEUTENANT
City Council Regular Meeting Minutes
December 10, 2020
Page 6 of 28
AUGUST NAUMANN, FIREFIGHTER
CHRISTOPHER GASKINS, POLICE SERGEANT
TIMOTHY LANCON, PUBLIC WORKS SUPERINTENDENT
25 YEARS:
MIKE WILLS, FIRE LIEUTENANT
35 YEARS:
DAVID ALFORD, ASSISTANT POLICE CHIEF
RICHARD WHITAKER, ASSISTANT POLICE CHIEF
3. STRATEGIC PARTNERSHIP AGREEMENT AND LIMITED PURPOSE
ANNEXATION, CHAMBERS COUNTY MUD NO.3
a. Consider an ordinance for the first reading of the proposed limited purpose
annexation of approximately 223.2868 acres of land situated in the Chambers County
School Land Survey, Abstract 321, Chambers County, Texas.
Assistant Director of Planning and Development Services Nathan Dietrich presented the item
and stated that this is part of the process, going through for this same 223 acres that council has
seen in previous agendas. Basically, this item brings a limited purpose annexation because the
property owners are looking to have some city services.
A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member
David Himsel, to approve Ordinance No. 14,604, related to Item 3.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
ORDINANCE NO. 14,604
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE
EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS, FOR LIMITED PURPOSES, AND THE LIMITED
PURPOSE ANNEXATION OF APPROXIMATELY 223.2868 ACRES OF
LAND SITUATED IN THE CHAMBERS COUNTY SCHOOL LAND
SURVEY, ABSTRACT 321, CHAMBERS COUNTY, TEXAS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
December 10, 2020
Page 7 of 28
4. PROPOSED ORDINANCES
a. Consider an ordinance amending the Code of Ordinances, Baytown, Texas, by (i)
amending certain sections within Chapter 110 "Floods", (ii) amending certain sections
within Chapter 126 "Subdivisions" (iii) creating a new chapter to be numbered and
entitled Chapter 109 "Engineering and Construction Standards", (iv) amending certain
sections in Chapter 18 "Buildings and Building Regulations", (v) amending certain sections
in Chapter 34 "Environment", (vi) amending certain section of Chapter 114 "Sewer and
Water Line Extensions", (vii) and amending certain sections of Chapter 122 "Streets and
Sidewalks".
Assistant Engineering Director Erwin Burden presented the item and stated that they are asking
for council to consider amending the ordinances for Chapter 126 and 1 10, and creating a chapter
109. He stated these are in reference to a FEMA audit the city received, where they have to
update the floodplain ordinances. It is also in reference to approving the fourteen standards for
the Harris County. The benefits are to allow us to continue funding for the Federal State and
County governments, and also allows us to maintain our NFIP rating. We covered this item
previously in a work session on October 2 ) nd, and a public hearing was held on November 17,
2020. They had also brought it forth to the Planning and Zoning Commission on November 17th,
which they approved. They are recommending to adopt the amendments in the new ordinance
tonight and they will be effective January 1 st.
A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member
David Himsel, to approve Ordinance No. 14,605, 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. 14,605
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS," ARTICLE II "BUILDING CONSTRUCTION
STANDARDS," DIVISION 3 "BUILDING CODE," SECTION 18-93
"SIDEWALKS," SUBSECTION (C)(1) AND SECTION 18-95 "DRAINAGE
REQUIREMENTS FOR NONRESIDENTIAL DEVELOPMENTS,"
SUBSECTIONS (A) AND (B); AND DIVISION 4 "BUILDING AND
DEVELOPMENT PERMITS," SECTION 18-126 "SURVEY OR SITE PLAN
REQUIRED; ACCESS MANAGEMENT," SUBSECTION (B) AND SECTION
18-127 "FLOODPLAIN" OF THE CODE OF ORDINANCES, BAYTOWN,
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City Council Regular Meeting Minutes
December 10, 2020
Page 9 of 28
b. Consider an ordinance awarding a construction contract to Angel Brothers
Enterprises, Ltd, for the Reconstruction of Rollingbrook Drive Project from Goose Creek
to Decker Drive.
Civil Design Engineer Juan Macias presented the item and stated that this item is to consider the
reconstruction contract for Rollingbrook Drive, from Decker to Goose Creek, as shown on the
slide presented on the screen. This includes the replacement of a pavement, placing sidewalk and
ADA ramps on both sides of the street, and replacing the waterline, updating the street lights
from single mast arms to double mast arms. The street lights will be black powder -coated, so it
will look nicer, and then the lights will be LED, so it will be more energy -efficient. The project
will also include lane improvements on Decker Drive, French Road, by the CRC view, which
will convert the lane all the way on the right to a dedicated right -turn lane, and by making
changes to the median and other lanes. Mr. Macias stated there will also be a dedicated turn lane
from Rollingbrook to Rocky Knoll and the second left -turn lane that is going to be added as part
of this project is going to run from Rollingbrook eastbound so that people can turn into the
Raintree Apartments. He pointed out to the area where they are going to extend the median to
create more green space and then, as part of this project, if we are adding a sidewalk and
replacing the median, there will be both the removal and addition of trees. The green dots on the
layout presented represent the trees that are going to stay, the red dots are going to be the trees
that are going to be removed and the purple dots are the trees that are going to be added. For this
project, we received two bids, and the apparent low -bidder was Angel Brothers at $2,256,677.05.
The project will take fourteen months to build, and staff recommends approval.
Mayor Capetillo asked when they assume tine 14-month construction will begin and Mr. Macias
answered they will begin in January 2021 and end approximately in February 2022.
A motion was made by Council Member Heather Betancourth, and seconded by Council
Member Laura Alvarado, to approve Ordinance No. 14,606, related to Item 4.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. 14,606
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF ANGEL BROTHERS ENTERPRISES,
LTD, FOR THE RECONSTRUCTION OF ROLLINGBROOK DRIVE
PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH
ANGEL BROTHERS ENTERPRISES, LTD, FOR THE RECONSTRUCTION
City Council Regular Meeting Minutes
December 10. 2020
Page 10 of 28
OF ROLLINGBROOK DRIVE PROJECT; AUTHORIZING PAYMENT NOT
TO EXCEED THE SUM OF TWO MILLION TWO HUNDRED FIFTY-SIX
THOUSAND SIX HUNDRED SEVENTY-SEVEN AND 05/100 DOLLARS
(S2,256,677.05); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance awarding a construction contract to Interstate Improvement,
Inc., for the North Main Street Pavement Restoration Project.
Director of Public Works and Engineering Frank Simoneaux presented the item and stated that
this item is to authorize a construction contract in the amount of five hundred thirty thousand,
seven hundred fifty dollars, with interstate improvement for work related to the North Main
Street Pavement Restoration Project. The scope of work includes dowel bar retrofit and cross-
stitching, which ties the concrete panels together and prevents separation and movement of the
panels. The remainder of the work will include diamond grinding, which will provide a smooth
riding surface. The base bid is four hundred thirty-six thousand, two hundred fifty dollars, and
the recommended alternate number one is ninety-four thousand five hundred dollars, for the
grinding of John Martin Road, which they wanted to also improve while they had the contractor
mobilized and they had a good price.
Mr. Simoneaux stated that they received favorable pricing for the grinding, which helps reduce
the overall cost of the project. The project total cost is estimated under 2.2 million dollars, which
is within the 2.3-million-dollar budget included in the CIP. As a comparison, the bid just
awarded for reconstruction of about 1,450 feet of Rollingbrook, is about the same price as the
restoration of North Main, which is 6,850 feet. And so, the cost comparison on a square yard
basis is about S46.63 for North Main, and a S 185 per square yard for Rollingbrook. He stated the
contractor, Interstate Improvement, has very positive references, and staff recommends approval.
Council Member Chris Presley commented that although he appreciates staff trying to save
taxpayer dollars and stretching dollars, however you have to look at the bigger picture
sometimes, lie believes this technique on the second most important street in Baytown does not
elevate Baytown, and when he ran for council, he wanted to improve the older part of town. Mr.
Simoneaux stated that once they finish the project, they can have a review of the technique at
that time, and can evaluate if this is something they want to do in the future. Council Member
Presley appreciated staff s efforts, but stated lie would respectfully vote `no' on this item.
Council Members David Himsel expressed some of his concerns as well but was optimistic on
the new technique and hopes it lengthens the lifespan of concrete streets because it can be quite
expensive to repair, and is keeping fingers crossed that it works. Council Member Robert
Hoskins inquired about the budget and stated that they should definitely review the project
afterwards to see how they can make internal improvements, as well as contractor improvements.
City Manager Rick Davis stated that they have enough faith in this project, and are enthusiastic
about supporting this because they are about to make that sixty -six -million -dollar investment on
North Main and certainly want the road to look as good as absolutely possible. So, their fingers
are crossed too that it looks really great and as smooth because that is what they intended from
the beginning. He also compliments staff because one of our core values is innovation, and this is
City Council Regular Meeting Minutes
December 10, 2020
Page 11 of 28
not something that we are pioneering. This technique has been used in many other communities
and has been utilized very effectively. They have enough faith in that and in our crews that we
can execute this project. We will do an after -project review, but in a worst -case scenario, this is
the kind of venture they want to encourage our employees to move into because it has such
tremendous potential if it works. If it does not work, lesson learned, we can make some
adjustments.
Council Member Heather Betancourth commented that one of the things she likes about the
Rollingbrook reconstruction, besides fixing the actual road, is the thoughtfulness behind the
improved medians, the landscaping, the black powder -coated light poles, the upgraded lighting,
the LED. So, perhaps something we should consider, maybe in a future budget or if we have
some unforeseen funds that are available, is after North Main Road is fixed, to put some of those
enhancements along that section as well because the driving experience is one thing but she
thinks those enhancements and those visuals is really what elevates Baytown, like Council
Member Presley said. Assistant City Manager Nick Woolery stated that some of those
enhancements were budgeted, but with COVID, that was one of the cuts in last year's budget,
but they can go back and look at the financials and see if that is something they can invest in,
especially the medians.
A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member
David Himsel, to approve Ordinance No. 14,607, related to Item 4.c. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro
Tern Charles Johnson, Council Member Heather Betancourth, Council
Member Robert C. Hoskins and Council Member David Himsel
Nays: Council Member Chris Presley
Approved
ORDINANCE NO. 14,607
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF INTERSTATE IMPROVEMENT, INC.,
FOR THE NORTH MAIN STREET PAVEMENT RESTORATION PROJECT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH
INTERSTATE IMPROVEMENT, INC., FOR THE NORTH MAIN STREET
PAVEMENT RESTORATION PROJECT; AUTHORIZING PAYMENT NOT
TO EXCEED THE SUM OF FIVE HUNDRED THIRTY THOUSAND SEVEN
HUNDRED FIFTY AND NO/100 DOLLARS ($530,750.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing a request of extension of time for the completion
of infrastructure for Legends Bay Subdivision Section 7 Preliminary Plat.
City Council Regular Meeting Minutes
December 10, 2020
Page 12 of 28
Assistant Director of Planning and Development Services Nathan Dietrich presented the item
and stated that Legends Bay is a single-family residential subdivision off of FM 3180 in our
eastern extraterritorial jurisdiction. The developer, Mr. Wilburn, came in and got a preliminary
plat done, and at the time you have about three years to go from preliminary plat to final,
otherwise, you lose your status. However, with Hurricane Harvey, COVID, some personnel
changes, and with a moratorium that was placed on development over in Chambers County, there
was a lot of hiccups that ended up impacting this particular development. Mr. Dietrich indicated
that our ordinance states that if you go over the allotted three years, it allows for an additional
360-day extension, but that extension has to be granted by a city council. Therefore, because of
all those factors, Mr. Wilburn, who is on Zoom right now if you have any questions for him, is
asking for that additional three hundred and sixty days in order to move from preliminary plat, so
he is able to put his infrastructure in and then proceed into his final plat. Mayor Capetillo asked
if this was a one-time extension and Mr. Dietrich answered yes.
A motion was made by Mayor Pro Tem Charles Johnson, and seconded by Council Member
Robert C. Hoskins, to approve Ordinance No. 14,608, related to Item 4.d. 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. 14,608
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION
OF THE CONSTRUCTION OF THE INFRASTRUCTURE FOR SECTION 7
OF THE LEGENDS BAY SUBDIVISION AND FOR THE SUBMISSION OF
THE FINAL PLAT OF SECTION 7 OF THE LEGENDS BAY SUBDIVISION;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5. ROBERT E. LEE HIGH SCHOOL DRAINAGE IMPROVEMENT
PROJECT
a. Consider an ordinance authorizing an interlocal agreement with Goose Creek
Consolidated Independent School District and Harris County Flood Control District for
drainage improvements affecting Robert E. Lee High School and the surrounding area.
Director of Public Works and Engineering Frank Simoneaux presented the item and stated that
this item is for an ordinance authorizing an interlocal agreement between Goose Creek
Consolidated Independent School District and Harris County Flood Control District for the
drainage improvements near Robert E. Lee High School. He showed a map that indicated the
City Council Regular Meeting Minutes
December 10, 2020
Page 13 of' 28
infrastructure in question, the existing infrastructure. You see the baseball field there and the
football stadium, and the yellow line represents the strong drainage pipes that currently run under
the baseball field. The pipes in this area drain an area that is between Lee College and South
Main Street, south of Texas Avenue. In 20191 there was a collapse on one of the pipes located in
this area, which he believes was a sixty -inch pipe, which is a fairly large storm drainage pipe and
it created a sinkhole. They have been working with the school district. Harris County Flood
Control did repair the sinkhole and the pipe; however, the pipe is in poor condition and it is
under critical infrastructure. Mr. Simoneaux stated there have been discussions about rerouting
the storm drainage system and showed a slide of the proposed improvement. The stone drainage
would be rerouted to pipes along Gentry, and there will be new pipes installed there, and along
Lee Drive, with some open channel at the end. The pipes going North -South in this area have to
stay in place because they drain the parking lot there. The proposal would maintain the North -
South pipe system tinder the control of the school district. The pipe segment in the center would
be abandoned in place and grout filled, and then the city would take over a new system which
would be constructed along Gentry and Lee Drive. Since it is a critical asset for the city and
because it is draining a large segment of the city's stone water, staff is recommending adoption
of the agreement. This is a tri-party agreement, where the school district and Harris County are
contributing funds to this project. After it is completed, the city will own and maintain the new
infrastructure. The city will also manage the design and construction of the project.
Since the area in question is in council districts one and two, Council Members Chris Presley and
Laura Alvarado expressed their appreciation for administration and staff s time and energy as
there has been a lot of focus on drainage, particularly in the older part of town and it does not go
unnoticed. Council Member David Himsel asked for the percentage of participation in the cost
between the three entities, and Mr. Simoneaux stated that Harris County has a fixed contribution,
part of the contribution was the repair of the sinkhole and the pipe collapse and the remainder of
their contribution is $387,000. The school district is contributing based on the estimated cost of
the project, which the goal is about S 1.2 million. Those contributions combined are estimated for
the construction and design of the project, if there are any overedges then the school district will
be required to pay for that, however, if it comes in under the estimated cost, then the school
district will be issued a refund. The city's contribution portion is the management of the project
and the operations and maintenance of it once it is completed.
A motion was made by Council Member Chris Presley, and seconded by Council Member Laura
Alvarado, to approve Ordinance No. 14,609, related to Item 5.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
December 10, 2020
Page 14 of 28
ORDINANCE NO. 14,609
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH GOOSE
CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND
HARRIS COUNTY FLOOD CONTROL DISTRICT FOR DRAINAGE
IMPROVEMENTS AFFECTING ROBERT E. LEE HIGH SCHOOL AND THE
SURROUNDING AREA; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider an ordinance authorizing a Consulting Services Agreement with Kimley-
Horn and Associates, Inc., for the Robert E. Lee High School Drainage Re -Route Project.
A motion was made by Council Member David Himsel, and seconded by Council Member Chris
Presley, to approve Ordinance No. 14,610, related to Item 5.b., which is in conjunction with Item
5.a., and is the service contract to complete the project. 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. 14,610
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH
KIMLEY-HORN AND ASSOCIATES, INC., FOR THE ROBERT E. LEE
HIGH SCHOOL DRAINAGE RE-ROUTE PROJECT CONTINGENT UPON
RECEIPT OF FUNDING FROM THE HARRIS COUNTY FLOOD CONTROL
DISTRICT AND THE GOOSE CREEK CONSOLIDATED INDEPENDENT
SCHOOL DISTRICT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED TWO HUNDRED ELEVEN
THOUSAND AND NO/100 DOLLARS ($211,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
6. DISCUSSIONS
a. Receive and discuss a presentation from Ms. Shana Lopez, Waste Management
Public Sector Solutions Manager regarding the City of Baytown solid waste and recycling
program.
City Council Regular Meeting Minutes
December 10, 2020
Page 15 of 28
Director of Public Works and Engineering Frank Simoneaux introduced Ms. Shana Lopez,
Waste Management Public Sector Solutions Manager, who provided a presentation regarding the
City of Baytown solid waste and recycling program. She stated that three years ago, they got
faced with the challenge of China putting some stringent policies in place and basically stating
that come 2020, they would not be accepting their recycled materials. Luckily, they had the pre -
warning in 2017 because with COVID happening, it would have definitely taking a toll if this
would have just hit all of a sudden. Basically from 2017 to 2020, they looked at domestic
markets to see what they could do with the recycled materials they were taking from homes,
businesses, and change the market so that they do not have to send the materials to China.
Contamination was a big factor, because China said that up until 2020, they wanted to see a 0.5
percent contamination or less and at that time back in 2017, they were seeing about 25 percent
contamination. There was a lot of education that took place and things like that to try to really
educate folks on what to keep out of the recycling because otherwise it is going to get rejected or
the costs were going to go up to take the materials out that we could not send because we were
going to have rejected loads. Ms. Lopez stated that some of you might not know, we are one of
the largest recyclers in North America, and so in 2019, it was close to 3.5 million tons of
recycled material. You can imagine, we are a percentage of the whole market in taking in, take
China out of the loop, and now we have to make domestic markets. It takes time, but they are
able to say that they are going in domestic markets today, and that has definitely helped with
COVID because she cannot imagine what that would have looked like in 2020, had they not
created some of these domestic markets to say where they are going to move these products.
Ms. Lopez commented that one of the other things they enhanced was technology. When
materials go into the truck, they are all comingled with different recyclables, such as glass,
plastics, cardboard, the whole works. When it comes to them, they have to separate those
materials, and some of that stuff is trash so they have to make sure they are getting that twenty-
five percent and really lowering that. Therefore, they enhanced their MRFs, which are Material
Recovery Facilities, throughout the US. In Houston, they are actually going to do an upgrade,
and have three facilities here in Houston where the materials go. The big thing is, how do they
increase the technology? The second is, what do they do with the markets creating that domestic
demand? They started talking to the Cokes, the Pepsi's, all of those companies that might have
plastics in mind, glass in mind, and how do they get paper mills here in the United States because
that is where they need to move the products so they have worked on doing that. Going back to
the education, it is a must because contamination is the biggest cause of the cost factor that is
really changing the whole market. In technology investments alone, they spent about a hundred
million dollars looking at 'Where can we do to do these investments?' and then 'How do we
duplicate these across the UST
The cost of recycling actually costs more than sending garbage to the landfill. That was not
always the case, but there are all kinds of factors with commodity value, contamination that was
not so much heavily looked at in the past. Another thing, eighty percent of the paper and
cardboard was actually sold in North American markets, currently, compared to sixty-three
percent three years ago so they are changing the way that they are changing those markets.
Ms. Lopez stated that she talked heavily on contamination because that is where she needs their
help, that is where they need to educate the residents, maybe there is town halls, or there is HOA
City Council Regular Meeting Minutes
December 10, 2020
Page 16 of 28
meetings, but that is really the big part, that residents take a key part in helping them to eliminate
the materials that they are receiving. They need help with the education material to be able to
change and keep this going in the right direction. They are going to have to continue with the
technology to keep up with the pace, as there are so many materials that come to the market that
they have to change technology to be able to recognize the different materials. She concluded
that they want to make sure that the whole program is working for the residents to make sure that
you are looking out for the future of Baytown.
City Manager Rick Davis stated they could certainly send material on social media or Channel
16, and get some material sent to public affairs so they can magnify the reach, the messaging so
that they can get the word out to the residents and business owners.
7. CONSENT
A motion was made by Council Member Laura Alvarado, and seconded by Council Member
Robert C. Hoskins, to approve Consent Agenda Items 7.b. through 7.bb. as submitted, excluding
Item Ta., as it is to be considered separately. 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 a Supplement to the Section 212 Agreement with
Enterprise Products Operating, LLC, for the Brine Pond 5 and 6 Property and removing
such properties from Industrial District No. 2.
A motion was made by Council Member David Himsel, and seconded by Council Member
Heather Betancourth, to approve Ordinance No. 14,636, related to Item Ta. The vote was as
follows:
Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro
Tern Charles Johnson, Council, Member Heather Betancourth, and
Council Member David Himsel
Nays: None
Other: Council Member Robert C. Hoskins (Abstain) and Council Member Chris
Presley (Abstain)
Approved
City Council Regular Meeting Minutes
December 10. 2020
Page 17 of 28
ORDINANCE NO. 14,636
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A SUPPLEMENT TO THE SECTION 212
AGREEMENT WITH ENTERPRISE PRODUCTS OPERATING, LLC, FOR
BRINE POND 5 AND 6 PROPERTY; REMOVING SUCH PROPERTY
LOCATED WITHIN THE CITY OF BAYTOWN'S EXTRATERRITORIAL
JURISDICTION FROM BAYTOWN INDUSTRIAL DISTRICT NO. 2;
REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance approving and restating the boundaries of Reinvestment
Zone No. One, City of Baytown, Texas.
ORDINANCE NO. 14,611
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING AND RESTATING THE BOUNDARIES OF
REINVESTMENT ZONE NO. ONE, CITY OF BAYTOWN, TEXAS;
CONTAINING VARIOUS PROVISIONS RELATED TO THE FOREGOING
SUBJECT; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing the Third Amendment to the Economic
Development Agreement with San Jacinto Retail Associates, LLC.
ORDINANCE NO. 14,612
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 THIRD
AMENDMENT TO THE CHAPTER 380 ECONOMIC DEVELOPMENT
AGREEMENT WITH SAN JACINTO RETAIL ASSOCIATES, LLC; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d . Consider an ordinance authorizing an agreement with the Bay Area Coastal
Protection Alliance for Completion of a Finance Study related to the Regional Coastal
Barrier System.
ORDINANCE NO. 14,613
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN AGREEMENT WITH THE BAY AREA
COASTAL PROTECTION ALLIANCE FOR COMPLETION OF A FINANCE
STUDY RELATED TO THE REGIONAL COASTAL BARRIER SYSTEM;
City Council Regular Meeting Minutes
December 10, 2020
Page 18 of 28
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED TWELVE THOUSAND FIVE HUNDRED AND NO/100
DOLLARS ($12,500.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for supplemental funding for the Tourism Grant
Partnership Program for the 2021 Bayou Bowl.
ORDINANCE NO. 14,614
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH
THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR
SUPPLEMENTAL FUNDING FOR THE TOURISM GRANT PARTNERSHIP
PROGRAM FOR THE 2021 BAYOU BOWL; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
f. Consider an ordinance amending Ordinance No. 14,531 regarding the City of
Baytown's 2020-21 Tourism Partnership Grant Program allocations to increase the
allocation for the 2021 Bayou Bowl.
ORDINANCE NO. 14,615
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING ORDINANCE NO. 14,531, PASSED ON OCTOBER $,
2020, WHICH ESTABLISHED THE CITY OF BAYTOWN'S 2020-21
TOURISM PARTNERSHIP GRANT PROGRAM ALLOCATIONS TO
AUTHORIZE ADDITIONAL FUNDING FOR THE 2021 BAYOU BOWL;
AUTHORIZING THE ADDITIONAL FUNDING IN THE AMOUNT OF
THIRTEEN THOUSAND AND NO/100 DOLLARS ($13,000.00) SUBJECT TO
THE RECIPIENT'S EXECUTION OF A TOURISM PARTNERSHIP GRANT
AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for the acquisition of 4000 Tompkins Road, Baytown,
Harris County, Texas.
ORDINANCE NO. 14,616
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO THE INTERLOCAL AGREEMENT WITH
THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT FOR THE
ACQUISITION OF 4000 TOMPKINS ROAD, BAYTOWN, HARRIS
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City Council Regular Meeting Minutes
December 10, 2020
Page 20 ol' 28
k. Consider an ordinance rejecting all bids received for the Goose Creek Lift Station
Rehabilitation Project.
ORDINANCE NO. 14,620
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REJECTING THE BIDS RECEIVED FOR THE GOOSE CREEK LIFT
STATION REHABILITATION PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
1. Consider an ordinance approving payment to the Texas Commission of
Environmental Quality for the City of Baytown's annual water system fee.
ORDINANCE NO. 14,621
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT IN THE AMOUNT OF EIGHTY-
FIVE THOUSAND ONE HUNDRED FIFTY-FOUR AND 65/100 DOLLARS
($85,154.65) TO THE TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY FOR THE ANNUAL FEE FOR THE CITY'S WATER SYSTEM,
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
M. Consider an ordinance authorizing the purchase of Ten (10) Ford Trucks and one
(1) Ford Van from Silsbee Ford, through GoodBuy Purchasing Cooperative, for the Public
Works & Engineering Department and BAWA.
ORDINANCE NO. 141622
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THREE HUNDRED FIFTY-SIX
THOUSAND TWO HUNDRED EIGHT AND NO/100 DOLLARS
($356,208.00) TO SILSBEE FORD INC., THROUGH GOODBUY
PURCHASING COOPERATIVE, FOR THE PURCHASE OF TEN (10) FORD
TRUCKS AND ONE (1) FORD VAN FOR THE PUBLIC
WORKS/ENGINERING DEPARTMENT; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
n. Consider an ordinance authorizing the purchase of one (1) 2020 Ford F-450 Diesel
4X2 Regular Cab Chassis and Frazer Type I 14' Ambulance from Sterling McCall Ford,
through the Houston -Galveston Area Council, for the Fire Department.
ORDINANCE NO. 141623
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED THIRTY-SIX
City Council Regular Meeting Minutes
December 10. 2020
Page 21 of 28
THOUSAND EIGHT HUNDRED SIXTY AND NO/100 DOLLARS
($236,860.00) TO STERLING MCCALL FORD, THROUGH THE HOUSTON-
GALVESTON AREA COUNCIL FOR THE PURCHASE OF ONE (1) 2020
FORD F-450 DIESEL 4X2 REGULAR CAB CHASSIS AND FRAZER TYPE I
14' AMBULANCE FOR THE FIRE DEPARTMENT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
o. Consider an ordinance authorizing the Second Amendment to the Collective
Bargaining Agreement with the Baytown Professional Firefighters' Association, Local
1173, to allow the Fire Chief to change the shift schedule of employees in the Operations
Division.
ORDINANCE NO. 14,624
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SECOND AMENDMENT TO THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL 1173, AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
P. Consider an ordinance authorizing a three-year Cisco FLEX support agreement for
telephony equipment, offered by Presidio Network Solutions Group, LLC, through the
Texas Department of Information Resources contract DIR-TSO-4167.
ORDINANCE NO. 14,625
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWENTY-THREE
THOUSAND FOUR HUNDRED FORTY-THREE AND 20/100 DOLLARS
(S23,443.20) TO PRESIDIO NETWORK SOLUTIONS GROUP, LLC, FOR
THE FIRST YEAR OF A THREE-YEAR CISCO FLEX SUPPORT
AGREEMENT FOR TELEPIIONY EQUIPMENT THROUGII THE TEXAS
DEPARTMENT OF INFORMATION RESOURCES; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
q. Consider an ordinance authorizing the renewal of the Cisco network equipment
support (SmartNet) offered by Presidio Network Solutions Group, LLC, using Texas
Department of Information Resources contract DIR-TSO-4167.
ORDINANCE NO. 14,626
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-THREE THOUSAND
City Council Regular Meeting Minutes
December 10, 2020
Page 22 of 28
NINE HUNDRED NINETY AND 62/100 DOLLARS ($53,990.62) TO
PRESIDIO NETWORK SOLUTIONS GROUP, LLC, FOR THE PURCHASE
OF CISCO SMARTNET HARDWARE, SOFTWARE, AND TECHNICAL
SUPPORT SERVICES THROUGH THE TEXAS DEPARTMENT OF
INFORMATION RESOURCES; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
r. Consider an ordinance authorizing additional funding for the City's 2020 stop loss
coverage and authorizing a service agreement with ReliaStar Life Insurance Company, as
the carrier/administrator for the City of Baytown's 2021 stop loss coverage.
ORDINANCE NO. 14,627
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING ADDITIONAL FUNDING FOR THE CITY'S 2020
STOP LOSS COVERAGE IN THE AMOUNT OF SIXTY THOUSAND AND
NO/100 DOLLARS ($60,000); AUTHORIZING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A SERVICE
AGREEMENT WITH RELIASTAR LIFE INSURANCE COMPANY/VOYA
FINANCIAL AS THE ARRIER/ADMINISTRATOR FOR THE CITY OF
BAYTOWN'S STOP LOSS COVERAGE; AUTHORIZING PAYMENT OF AN
AMOUNT NOT TO EXCEED TWO MILLION SEVEN HUNDRED ONE
THOUSAND FIVE HUNDRED FIFTEEN AND NO/100 DOLLARS
($2,701,515.00) FOR THE SPECIFIC AND AGGREGATE STOP LOSS
COVERAGE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
S. Consider an ordinance authorizing payment with The Lincoln National Life
Insurance Company as the carrier/administrator for the City of Baytown's long-term
disability benefits.
ORDINANCE NO. 14,628
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE AGREEMENT WITH THE LINCOLN NATIONAL
LIFE INSURANCE COMPANY AS THE CARRIERIADMINISTRATOR FOR
THE CITY OF BAYTOWN'S LONG-TERM DISABILITY BENEFITS;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED ONE HUNDRED NINETY THOUSAND AND NO/100
DOLLARS ($190,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
t. Consider an ordinance approving the refinishing of slides and the active water play
equipment at Pirates Bay Water Park and Calypso Cove with Progressive Commercial
Aquatics, Inc., through the Texas Local Government Purchasing Cooperative (Buyboard).
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City Council Regular Meeting Minutes
December 10, 2020
Page 24 of 28
W. Consider an ordinance authorizing the purchase of John Deere 6110M Cab Tractor
and an Alamo Group 25-foot Machete slope mower attachment from Shoppa's Farm
Supply, Inc., through the Texas Local Government Purchasing Cooperative (Buyboard).
ORDINANCE NO. 14,632
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SIXTY-SIX
THOUSAND SEVEN HUNDRED SIXTY-FOUR AND 90/100 DOLLARS
($166,764.90) TO SHOPPA'S FARM SUPPLY, INC., FOR THE PURCHASE
OF A JOHN DEERE 61 10M-CAB TRACTOR AND AN ALAMO GROUP 25-
FOOT MACHETE SLOPE MOWER ATTACHMENT, THROUGH THE
TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY
BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
X. Consider an ordinance awarding a contract for the demolition of a commercial
structure located at 119 West Defee Street, Baytown, Texas, to Grant Mackay Company,
Inc.
ORDINANCE NO. 14,633
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF GRANT MACKAY COMPANY, INC.,
FOR THE DEMOLITION OF 119 W. DEFEE STREET, BAYTOWN, TEXAS;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE
AMOUNT OF EIGHTY-SEVEN THOUSAND THREE HUNDRED FIFTY-
FOUR AND 75/100 DOLLARS ($87,354.75); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Y. Consider an ordinance authorizing the purchase of ten (10) Chevrolet Police
Vehicles and related emergency equipment and installation from Ed Morse Automotive,
LLC, d/b/a Freedom Chevrolet, through the Tarrant County Cooperative Agreement.
ORDINANCE NO. 14,634
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SIX HUNDRED TWENTY-
FOUR THOUSAND FIFTY AND NO/100 DOLLARS ($624,050.00) TO ED
MORSE AUTOMOTIVE, LLC., D/B/A FREEDOM CHEVROLET, FOR THE
PURCHASE OF TEN (10) CHEVROLET POLICE VEHICLES AND
RELATED EMERGENCY EQUIPMENT AND FOR THE INSTALLATION OF
SUCH EMERGENCY EQUIPMENT IN THE VEHICLES, THROUGH A
COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY;
City Council Regular Meeting Minutes
December 10, 2020
Page 25 of 28
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Z. Consider an ordinance amending Ordinance No. 14,561 to increase the payment
amount to Harris County for the joint election agreement related to the City of Baytown's
Runoff Election for District Nos. Five and Six to be held on December 12, 2020.
ORDINANCE NO. 14,635
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING ORDINANCE NO. 14,561, PASSED ON NOVEMBER
17, 2020, TO AUTHORIZE ADDITIONAL FUNDING FOR THE JOINT
ELECTION AGREEMENT WITH HARRIS COUNTY; AUTHORIZING THE
ADDITIONAL FUNDING IN THE AMOUNT OF EIGHTY THOUSAND AND
NO/100 DOLLARS ($80,000.00); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
aa. Consider a resolution calling a special meeting of the City Council to be held on
December 21, 2020, at 5:00 p.m.
RESOLUTION NO. 2,690
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CALLING A SPECIAL COUNCIL MEETING TO BE HELD IN THE
COUNCIL CHAMBER OF CITY HALL OF THE CITY OF BAYTOWN ON
DECEMBER 21, 2020, AT 5:00 P.M.; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
bb. Consider a joint resolution requesting that the members of the 87th Legislative
Session of the State of Texas to support legislation that provides for stewardship, health
and well-being, and connectivity for local and state parks.
RESOLUTION NO. 2,691
A JOINT RESOLUTION OF THE PARKS AND RECREATION BOARD OF
THE CITY OF BAYTOWN, TEXAS, AND THE CITY COUNCIL OF THE
CITY OF BAYTOWN, TEXAS, REQUESTING THE MEMBERS OF THE
87TH LEGISLATIVE SESSION OF THE STATE OF TEXAS TO SUPPORT
LEGISLATION THAT PROVIDES STEWARDSHIP, HEALTH AND WELL-
BEING, AND CONNECTIVITY FOR LOCAL AND STATE PARKS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
December 10, 2020
Page 26 of 28
8. APPOINTMENTS
a. Consider five (5) appointments to the Sign Committee.
City Clerk Leticia Brysch presented the item and stated that there are currently two vacancies but
have a total of five members on the committee. Staff recommends approval of the three
reappointments of Al Busch, Chet Theiss and Melody Galland. Mayor Capetillo pointed out that
they are seeking a real estate appraiser and a person that is in the sign business for the two
vacancies.
A motion was made by Mayor Pro Tern Charles Johnson, and seconded by Council Member
Chris Presley to approve the reappointments of Mr. Al Busch, Mr. Chet Theiss, and Ms. Melody
I. Galland to the Baytown Sign Committee for a two-year term. 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
b. Consider four (4) appointments to the Planning and Zoning Commission.
City Clerk Leticia Brysch presented the item and stated that they brought forth four individuals
for reappointment, however, the appointment for council district number four would be different.
They have a reappointment for Mr. Carnes for Council District 6, Ms. Donna Winfrey as the City
Manager's real estate appointment, Mr. Mitchell Pearce for Council District 2, and for Council
District 4, they had an application submitted by Mr. Stanley Ballou.
A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member
Heather Betancourth, to approve the new appointment of Mr. Stanley Ballou to the District 4
position and re -appoint Mr. Donald Spencer Carnes (District 6), Ms. Donna Winfrey (City
Manager Real Estate Agent), and Mr. Mitchell Pearce (District 2), to the Baytown Planning and
Zoning Commission for a two-year tenn. 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
City Council Regular Meeting Minutes
December 10, 2020
Page 27 of' 28
C. Consider the confirmation of one (1) City Manager appointment to the Civil Service
Commission.
City Clerk Leticia Brysch presented the item and stated that this is for a reappointment of the
City Manager's appointment for Ms. Julie DeTorre on the Civil Service Commission, and staff
recommends approval.
A motion was made by Council Member David Himsel, and seconded by Council Member
Robert C. Hoskins, to confine the City Manager's re -appointment of Ms. Julie DeTorre to the
Civil Service Commission for a three-year tenm. 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
9. MANAGER'S REPORT
City Manager Rick Davis presented kudos and recognitions to the staff, which included:
1) Officers Jeremy Stevens and Juan Navarro, who were recently at a residential
structure fire and were instrumental in saving, rescuing a female occupant, so we
want to salute them for their bravery and courage;
2) Ben Truong, a citizen, sent a kind note recognizing the work of Public Works
Utility Maintenance Technician Dean Seales for completing his job satisfactorily
and in a timely manner during the Thanksgiving break regarding a sewer issue at
Mr. Truong's parents' home on Oak Hollow;
3) 911 Telecommunicator Alexandria Conway for being named "Silent Hero,"
which is an annual award granted by the Greater Harris County 911 and presented
to a telecommunicator in recognition of her exceptional professionalism and
whose daily performance is an inspiration to others;
4) Assistant to the City Manager Brian Moran for his work on the Scenic City
Award and for making it happen as it did take some time but he also wanted to
reiterate that Mr. Moran has been instrumental in the city's successful
applications for more than $4 million of cares -related money so this is a big
achievement; and
5) Chief Building Official RJ Davidson has recently been encouraging our entire
staff to address bandit signage and recently challenged the staff to pick LIP the
signage through a contest, so hats off to the whole staff as it has been a great
improvement over the years past and this is because all of us are joining in to try
to remedy this situation.
City Council Regular Meeting Minutes
December 10, 2020
Page 28 of 28
10. 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 short-term
rentals.
At 7:59 P.M., Mayor Capetillo recessed into and convened an executive session pursuant to
Texas Government Code, Section 551.071 of the Texas Government Code to seek the advice of
the City's attorneys regarding short-term rentals.
At 8:47 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.
11. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the December 10,
2020, City Council Regular Meeting at 8:47 P.M.
Leticia Brysch, City
City of Baytown