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2021 02 11 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 11, 2021 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, February 11, 2021, 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 Council Member Chris Presley Council Member Charles Johnson Council Member Heather Betancourth Mayor Pro Tem Jacob Powell Council Member Mike Lester Council Member Brandon Capctillo Mayor Rick Davis City Manager Karen Horner City Attorney Leticia Brysch City Clerk Mike Holden Interim Sergeant at Anns Mayor Capctillo convened the February 11, 2021, City Council Regular 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 Mike Lester. 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 January 14, 2021. A motion was made by Council Member Laura Alvarado, and seconded by Council Member Charles Johnson, to approve the minutes of the City Council Work Session and Regular Meeting held on January 14, 2021, with the noted corrections as shown on the red -line copies provided to the council members at the meeting. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro City Council Regular Meeting Minutes February 11, 2021 Page 2 of 13 Tern Heather Betancourth, Council Member Jacob Powell and Council Member Mike Lester Nays: None Approved 2. PROCLAMATIONS AND RECOGNITIONS a. Present a proclamation designating February 21-27, 2021, as National Engineering Week in Baytown. Mayor Capetillo presented a proclamation to the staff of Public Works and Engineering, designating February 21 st through the 27th, 2021, National Engineers Week in Baytown. 3. PROPOSED ORDINANCES a. Consider an ordinance to authorize the Second Amendment to the Professional Services Agreement with Fivenginering, LLC, for the Barkuloo and Connally Area Water and Wastewater Project. Assistant Director of Public Works and Engineering Andrea Brinkley presented the item and stated that this a contract amendment with Flvengineering, LLC. It is for an annexation utilities area. There are three parts or components to this project, and the first part is basically eliminating the need for a lift station design and adding gravity sanitary instead so this will reduce our life cycle cost for the city. This is the Delta with the reduction of the lift station design effort and the component for the gravity design. The second component is to add water and sewer services in an area that had previously been annexed, but had not been captured in the contract. The third part of this, the largest part, is for right-of-way acquisition and appraisal services so this is a component of the project that we now need to do along West Cedar Bayou Lynchburg for water and sewer services. As this is for real estate and right-of-way, it is a specialized service for which the City does not have that expertise on staff. The largest component is $337,742, so the total value of this contract amendment is $472,734.81. Ms. Brinkley stated that staff recommended approval of the item. A motion was made by Mayor Pro Tern Heather Betancourth, and seconded by Council Member Laura Alvarado, to approve Ordinance No. 14,660, related to Item 3.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Mayor Pro Tern Heather Betancourth, Council Member Jacob Powell and Council Member Mike Lester Nays: None City Council Regular Meeting Minutes February 11, 2021 Page 3 of 13 Other: Council Member Charles Johnson (Abstain) Approved ORDINANCE NO. 141660 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 PROFESSIONAL SERVICES AGREEMENT WITH FIVENGINEERING, LLC, FOR ENGINEERING SERVICES ASSOCIATED WITH THE BARKULOO AND CONNALLY AREA WATER AND WASTEWATER ANNEXATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED THIRTY-FOUR AND 81/100 DOLLARS (S472,734.81); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. RESOLUTION a. Consider a resolution supporting changing the name of "Negrohead Lake" to a non -derogatory, non -offensive name. Mayor Capetillo stated that this item was brought to his attention in mid -December by one of the commissioners in Harris County, they explained to him kind of the context of this lake, and this body of water certainly is derogatory and certainly unacceptable. It is his understanding that they also contacted Council Member Johnson to express the same and he requested that Council Member Johnson give an overview of the item. Council Member Johnson stated that it started back in November, when an intern with NPR was doing some research and he found that this bill had passed and no action had been taken on it. Well, with some action, but no changes had been made. He read the article the night of December 12th, sitting at work and felt it was appropriate to work with council, city management and local leaders to correct this issue. He gave an overview of the steps taken to bring this item before the council as well as the federal agency responsible for approving the requested name change. Council Member Johnson proceeded to say that life is made of multiple angles, each of us must tell what we see from where we stand and from where he was standing, he saw positive change. He further noted that to his knowledge, there are about twenty-one other places in the state of Texas that are on the same list that Negrohead Lake was on and this is the first one to be changed after that previously mentioned article was published. Mayor Pro Tern Heather Betancourth stated that she was in full support of the resolution. She has heard zero opposition about this from anyone in the community, anyone on city City Council Regular Meeting Minutes February 11, 2021 Page 4 of 13 staff, or any one of her colleagues here. She believes the entire community of Baytown is in full support of this. The following speakers signed up to speak on this item: Via Zoom, Ms. Ozeel Taylor Johnson thanked council for allowing her to speak about the late Attorney Henry Doyle, a well-known and highly regarded individual in Houston. Congratulations on your considering a truly deserving person to honor. She had known him for a very long time, meeting him in the late 40s or early 60s. His office was on west Dallas and Fort Worth and the pilgrim building where many professionals work. His late partner was Attorney Francis Williams and the secretary, Evelyn Washington. They were very close so she knew him quite well. He was very personable and kind. He is deserving of this honor. Via Zoom, Ms. Felicia Young stated that she has lived in Baytown area for her whole life and did not know about the lake and was really horrified to find out about it. She just wanted to thank everybody who has been involved with this initiative, for their leadership, and for following through, to put this on the agenda so quickly, and to take it seriously, she was impressed and grateful for that. She is hearing that there is nobody who is against the resolution which brings her great joy to hear but just wanted to ask that everybody that has the power to make this happen, that they vote in support of the resolution, and that we respect what the NAACP has asked for, in naming it after Henry Doyle. In person, Mr. Carl Davis stated that he is a member of the General Board of the Governing Body of the African Methodist Episcopal Church. The AME Church is the oldest black denomination founded in America in 1787 in Philadelphia by freed slaves. This denomination was founded because of discrimination. He is also a member of the Harris County African American Culture and Heritage Commission, whose mission is to identify research, protect and promote the preservation of African -American culture and historical resources in Harris County. In addition, they facilitate projects that promote the knowledge and understanding of African -Americans culture and history of Harris County. He is here today to speak in support of renaming Negrohead Lake in honor of George Henry Doyle. In these turbulent times in America and the world, there is no place for names like Negrohead Lake, which is a demeaning word to the African -American community. On March the 3rd, 1947, S.B. 140 established a negro law school in Houston, and Texas State University for Negroes was born. George Doyle was one of the first four students enrolled in this new Negro Law School and the first graduate. It would be so honorable to name this lake in his honor since he was the first graduate of Texas State University for Negroes Law School. Texas State University for Negroes was later changed to Texas Southern University on June the 1 st, 1951, after students petitioned the legislature to remove the phrase for Negroes. On February the 11 th, 2020, he, Carl Davis, a member of the Harris County African American Culture and Heritage Commission, petition Baytown City Council to remove the name Negrohead Lake and replace it with Lake Henry Doyle. In person, Mr. Kareem Rocker stated he is a native of Dickinson, Texas. He is a minister there, it is Shock the World with Love Ministries. He is a street minister and goes out on Highway 3 and Deet and actually preaches to the people on the streets. He is a business City Council Regular Meeting Minutes February 11, 2021 Page 5 of 13 owner and has been in business for fifteen years. He has a roofing and construction company, HardRoc Roofing and Construction. He recently found out about this and wanted to give them praise for doing a good job for what they are doing right now. However, when he found out about it, it was disturbing like most people, but what he wanted to talk about is that he had a whole speech prepared to try to persuade them but they are already doing a good job. They are going to hear mumbles. There may not be opposition now, but you are going to run into roadblocks. He wants them to keep the energy they have right now. Keep the same spirit, which he has one right now, because you all are being leaders in his thing. Right now, we need leaders, we need people because everybody is divided and we need something to bring us back together, and these are the steps that need to happen for us to come back together. Mr. Rocker wanted to thank and commend council, and praise them for doing a good job. He will be praying for them because it is not easy for a change. It sounds easy to put it on paper, but change is not just a name. As they said, it is a change of attitude, it is also a change in our heart and our heart has to change and he thinks this is a good step in changing our heart. A motion was made by Council Member Charles Johnson, and seconded by Council Member Laura Alvarado, to approve Resolution No. 2,700, related to Item 4.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Jacob Powell and Council Member Mike Lester Nays: None Approved RESOLUTION NO. 2,700 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING CHANGING THE NAME OF "NEGROHEAD LAKE" TO A NON -DEROGATORY, NON -OFFENSIVE NAME; DIRECTING THE CITY CLERK TO SUBMIT COPIES OF THIS RESOLUTION TO LOCAL AND STATE OFFICIALS FOR USE IN SUBMISSION TO THE UNITED STATES BOARD ON GEOGRAPHIC NAMES TO RENAME THE LAKE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 5. DISCUSSIONS City Council Regular Meeting Minutes February 11, 2021 Page 6 of 13 a. Discuss the City of Baytown Street Cross Section and Street Light Policy update. Assistant Director of Engineering Erwin Burden presented the item and stated that he wanted to go over the updates to the street right-of-way sections and street sections and the streetlight. They started with a several ordinance changes back in October and this is a follow-up to that. Staff has also heard from Council that they have an interest in seeing some updates and some changes to address some of the issues they are having with conflicts between pedestrians and cars and bicycles and these sections will help address some of those concerns. He will provide a background of what lie started with, and then will go into the street sections, the current ones and the proposed ones. He will present some comparisons with our neighboring cities, and then will go into the illumination for the current proposed plan and provide you a summary. At the end of his report, Mr. Burden stated that staff will review the comments and return with an update on ordinance languages as appropriate by council's direction. 6. REPORTS a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending December 31, 2020. Finance Director Victor Brownlees presented the item and stated that before moving on to the meat of the report, he would like to take the opportunity to make mention of some of the activities that we are engaged in to help council with monitoring the financial position of the city. He met with the Finance Committee last week and they had an extremely helpful discussion on some of the things staff can do to help, one being the reporting itself. Some of the reports that are presented to council are a little bit opaque and difficult to engage with, so please expect to see a change to that going forward. Also internally, staff has adopted a slightly more rigorous approach to budget management monitoring and we have additional support provided to departments. Mr. Brownless stated that in the next couple of weeks staff will be launching a new training program citywide, and thanked the Assistant Director of Finance for taking a lead on that. They have an extremely extensive program and it is called Finance 101, and wanted to take the opportunity to invite the Finance Committee to be part of that. Mr. Brownlees indicated that sales tax remains remarkably robust and continues to be surprised by how healthy that looks. We are almost five percent up on the previous year. Again, he does not want to assume necessarily that will continue, but for now, this is good news, and it has helped us to have revenues in excess lately, of those anticipated at this stage in the year. Just to give you a little bit of comparison on the revenue side, on the report that you will have had, council will see that on property tax, we are standing over thirty-six percent of collections and that is what we would expect, that quarter -way mark in January. Obviously, we had substantially more so your next report will show revenues from taxes significantly higher than that. City Council Regular Meeting Minutes February 11, 2021 Page 7 of 13 On the IDAs, Mr. Brownlees stated we are about where we expected. However, he would mention that in the first quarter we had yet to receive the revenues from the EDA so on that, we are looking extremely healthy also. He did, however, want to give council a word of warning as they did predicate the existing budget for Pirates Bay, on a successful, and dare lie say, a nonnal season, which may be ambitious too soon that that will happen. The Parks and Recreation staff are working on the plans and we may need to come back to you about that later in the year so he wanted council to keep it on their radar. Mayor Capetillo asked if there is anything through any type of executive order from the governor that would preclude full operation of our Pirates Bay and Assistant City Manager Kevin Troller answered that what they anticipate for 2021 is for this entire year, the water park to be at a hundred percent capacity. They are right now at seventy-five percent with the governor's orders so if by the time the city opens in May, the governor allows them to be at a hundred percent, then we could proceed with the way we built the budget. Mr. Brownlees proceeded that on the hotel -motel fund, there is an incredibly robust performance and thinks that speaks to some of the significant work going on, both by the school district and local industries, that are continuing to develop so a lot of workers from contractors are coming and staying in local hotels. Hence, revenues are extremely healthy in that fund. It is the same story on the water and sewer and sanitation. The utility funds, again on the revenue side, remain robust. On the general fund, we are slightly under, but he is hopeful that will stand in good stead as we go into next year's budget with higher fund balances. On the hotel -motel fund on the expenditure side, we have been incredibly cautious and some programs and projects are behind schedule because of credit Covid-19. On the investment side, he is doing the best lie can, but we are right about where the market is, given the current industry. Mayor Capetillo thanked Finance Director Brownlees for his report. 7. CONSENT Council Member Chris Presley stepped out of the meeting at 7:39 P.M. A motion was made by Council Member Charles Johnson, and seconded by Council Member Laura Alvarado, to approve Consent Agenda Items Ta. through Ti. as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Charles Johnson, Mayor Pro Tern Heather Betancourth, Council Member Jacob Powell and Council Member Mike Lester Nays: None Other: Council Member Chris Presley (Not Present for Vote) Approved City Council Regular Meeting Minutes February 11, 2021 Page 8 of 13 a. Consider an ordinance authorizing the termination of the Chapter 380 Economic Development Agreement and the Neighborhood Empowerment Zone Tax Refund Agreement with Goose Creek Live -Work, L.L.C. ORDINANCE NO. 14,661 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 TERMINATION OF CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT AND THE NEIGHBORHOOD EMPOWERMENT ZONE TAX REFUND AGREEMENT WITH GOOSE CREEK LIVE -WORK, LLC; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing the closeout, acceptance, and final payment for the 2018 Annual Water Rehabilitation Project to SKE Construction, LLC. ORDINANCE NO. 14,662 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2018 ANNUAL WATER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FIFTY-ONE THOUSAND SEVEN HUNDRED ONE AND 21 /100 DOLLARS ($51,701.21) TO SKE CONSTRUCTION, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing a Consulting Services Agreement with Terracon Consultants, Inc. for construction material testing services for the Reconstruction of Rollingbrook Drive (Decker Drive to Goose Creek). ORDINANCE NO. 14,663 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH TERRACON CONSULTANTS, INC., FOR CONSTRUCTION MATERIAL TESTING SERVICES FOR THE ROLLINGBROOK DRIVE RECONSTRUCTION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED EIGHTY-EIGHT THOUSAND THREE HUNDRED FIVE AND NO/ 100 DOLLARS ($88,305.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes February 11, 2021 Page 9 of 13 d. Consider an ordinance authorizing an Interlocal Agreement with the Goose Creek Consolidated Independent School District for the use of the City's gun range for training and qualification of its sworn peace officers. ORDINANCE NO. 141664 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 AN INTERLOCAL AGREEMENT WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE USE OF THE CITY'S GUN RANGE FOR TRAINING AND QUALIFICATION OF ITS SWORN PEACE OFFICERS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of nine (9) EOTECH Night Vision Goggles with mounts and fourteen (14) Surefire Infrared Flashlights from GT Distributors Inc., through the BuyBoard. ORDINANCE NO. 141665 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY-ONE THOUSAND FOUR HUNDRED FIFTY- FOUR AND 50/100 DOLLARS ($121,454.50) TO GT DISTRIBUTORS INC., FOR THE PURCHASE OF NINE (9) EOTECH NIGHT VISION GOGGLES WITH MOUNTS AND FOURTEEN (14) SUREFIRE INFRARED FLASHLIGHTS, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE'S BUY BOARD PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance temporarily suspending portions of Chapter 74 "Peddlers and Solicitors," Article II "Itinerant Merchants and Open Air Vendors" of the Code of Ordinances, Baytown, Texas, in order to halt the issuance of the itinerant merchant licenses during the COVID-19 pandemic. ORDINANCE NO. 14,666 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, TO SUSPEND DOOR-TO-DOOR SOLICITATIONS BY ITINERANT MERCHANTS UNDER CHAPTER 74 "PEDDLERS AND SOLICITORS,"ARTICLE II "ITINERANT MERCHANTS AND OPEN AIR VENDORS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; PROVIDING AREPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE City Council Regular Meeting Minutes February 11, 2021 Page 10 of 13 HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. g. Consider an ordinance approving the purchase of one (1) Toro Groundsmaster 5910 Bat Wing Mower with Cab from with Professional Turf Products, LP, through the Texas Local Government Purchasing Cooperative (Buyboard). ORDINANCE NO. 14,667 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FIFTEEN THOUSAND SIX HUNDRED FIFTY-FOUR AND 86/100 DOLLARS ($115,654.86) TO PROFESSIONAL TURF PRODUCTS, LP, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUYBOARD), FOR THE PURCHASE OF ONE (1) TORO GROUNDSMASTER 5910 BAT WING MOWER WITH CAB FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider a resolution authorizing the Chambers County Mosquito Control Department to use aerial application methods for the purpose of mosquito control within the Chambers County portion of the City of Baytown. RESOLUTION NO. 21701 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AYTOWN, TEXAS, AUTHORIZING THE CHAMBERS COUNTY MOSQUITO CONTROL DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY, TEXAS; DIRECTING THE MAYOR TO NOTIFY THE FEDERAL AVIATION ADMINISTRATION OF SUCH AUTHORIZATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider a resolution authorizing the City Manager to submit a grant application in response to the Office of the Governor, Public Safety Office, Homeland Security Grants Division's FY 2021 State Homeland Security Program — Regular Projects (SHSP-R) on behalf of the Police Department. RESOLUTION NO. 2,702 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 City Council Regular Meeting Minutes February 11, 2021 Page 11 of 13 OFFICE OF THE GOVERNOR, PUBLIC SAFETY OFFICE, HOMELAND SECURITY GRANTS DIVISION'S FY2021 STATE HOMELAND SECURITY PROGRAM REGULAR PROJECTS (SHSP-R) ON BEHALF OF THE POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED THIRTY-FIVE THOUSAND AND NO/100 DOLLARS ($35,000.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Presley returned to the meeting at 7:41 p.m. 8. APPOINTMENTS a) Consider six (6) appointments to the Community Development Advisory Committee. City Clerk Leticia Brysch presented the item and stated this is a little complicated. Council has six available appointments. However, the council members for District Five and Six have requested more of an opportunity to be able to review certain applicants. With certainty, tonight, we can bring you the appointment of Council Member Johnson in District Three of Mr. Preet Singh and we have the reappointments of Mr. Luis Munoz and Norman Barnett, who are At -large positions. As shown, there are some applicants for District Five and District Six, and there is a vacant position that is At -large. We have applicants in the form of Ms. Rhonda Lopez, who is a resident of District Six, and who currently serves on our Charter Review Committee and is eligible for appointment. We also have Mr. Don Ryals, a resident of District Five, who is currently not serving on any of the boards. The appointments of Mr. Preet Singh, Mr. Munoz, and Mr. Barnett leave some options on the other appointments. Option one is we need one (1) Hispanic, one (1) White Non -Hispanic, and one (1) African -American, or option two, we need: one (1) Hispanic and two (2) White Non -Hispanic. Ms. Brysch stated that the Community Development Manager Chris Chavis tried his best to explain all of this to her, and as stated, the only three that we can bring forward to council with certainty are the District Three and the two At -large reappointments. For clarification purposes, Ms. Brysch stated that the At -large position can be filled by any member of the council as it is not district -specific, and could be filled by either Ms. Lopez or Mr. Ryals. Therefore, if council would like to move forward with an appointment for the At -large position, one of them would just make a motion to appoint either Ms. Lopez or Mr. Ryals, who are both qualified to serve in the At -large position. A motion was made by Council Member Laura Alvarado, and seconded by Council Member Charles Johnson, to appoint Ms. Rhonda Lopez to the At -Large position, Mr. Preet Singh to the District 3 position, and re -appoint Mr. Luis Munoz and Mr. Norman Barnett to the At - Large positions on the Community Development Advisory Committee. The vote was as follows: City Council Regular Meeting Minutes February 11, 2021 Page 12 of 13 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Jacob Powell and Council Member Mike Lester Nays: None Approved b) Consider one (1) appointment to the Tax Increment Reinvestment Zone No. One, City of Baytown, Texas (TIRZ). City Clerk Leticia Brysch stated that items 8.b. and 8.c., could be taken together, and that we have an application from Mr. Kyle Carrier to fill the vacancy in District 5 in both the TIRZ and the BRA. Council Member Powell stated that Mr. Carrier is a local business owner here in town and a resident in District 5. A motion was made by Council Member Jacob Powell, and seconded by Council Member Chris Presley, to appoint Mr. Kyle Carrier to the District 5 position on the Tax Increment Reinvestment Zone No. One (TIRZ) and Baytown Redevelopment Authority Boards. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Council Member Chris Presley, Council Member Charles Johnson, Mayor Pro Tem Heather Betancourth, Council Member Jacob Powell and Council Member Mike Lester Nays: None Approved c) Consider one (1) appointment to the Baytown Redevelopment Authority. This agenda item was considered in conjunction with the previous agenda item, 8.b. 9. MANAGER'S REPORT City Manager Rick Davis presented kudos and recognitions to the staff. 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 Cause No. 1156692; APTLA v City of Baytown, in the County Civil Court at Law No. 1, Harris County, Texas. City Council Regular Meeting Minutes February 11,2021 Page 13 of 13 At 7:49 P.M., Mayor Capetillo recessed into and convened an executive session pursuant to Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys regarding Cause No. 1156692; APTLA v. City qf Baytown, in the County Civil Court at Law No. 1, Harris County, Texas. At 8:15 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 February 11, 2021, City Council Regular Meeting at 8:16 P.M. Leticia Brysch, City City of Baytown