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2021 09 23 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 23, 2021 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, September 23, 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: Charles Johnson Council Member Chris Presley Council Member Heather Betancourth Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Rick Davis City Manager Karen Horner City Attorney Angela Jackson City Clerk Mike Holden Interim Sergeant at Arms Mayor Capetillo convened the September 23, 2021, City Council Regular Meeting with a quorum present at 6:35 P.M., all members were present with the exception of Mayor Pro Tern Laura Alvarado, who was absent. The Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Charles Johnson. 1. MINUTES a. Consider approving the minutes of the City Council Work Session and Regular Meeting held on August 26, 2021. A motion was made by Council Member Heather Betancourth and seconded by Council Member Charles Johnson to approve the meeting minutes of the City Council Work Session and Regular Meeting held on August 26, 2021, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council Member Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Pro Tern Laura Alvarado (Absent) City Council Regular Meeting Minutes September 23, 2021 Page 2 of 20 Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown Employees for their Years of Service. Human Resources Generalist Joey Lopez presented the agenda item and recognized the City of Baytown employees for their years of service for the month of September. 5 YEAR Christopher Chavis, Community Development Manager Karl Gaines, Public Works Heavy Equipment Specialist I Anastasia Lewis, Accounting Specialist II Theresa Roberts, Public Works Fleet Specialist 10 YEAR Daniel Calhoun, Firefighter Clayton Breeding, Police Patrol Officer Andrew Lopez, Public Works Heavy Equipment Specialist I 15 YEAR Marcus Curry, Utility Billing Manager Blake Nichols, Fire Equipment Operator 25 YEAR Steven Auld, Fire Lieutenant b. The 15th Annual Grito Fest is scheduled for Friday, October 1, 2021 at Town Square and Saturday, October 2, 2021 at Bicentennial Park. Director of Parks and Recreation Scott Johnson noted that this was the 15`h Annual Grito Fest and turned it over to Mr. Jacob Schafer, who presented the entertainment itinerary of the two-day program and demonstrated a "grito," which he indicated was a cry of freedom and exhilaration. 3. 2022 LOCAL PARK NON -URBAN OUTDOOR RECREATION GRANT - 4000 TOMPKINS DRIVE a. Conduct a public hearing concerning the Texas Parks and Wildlife Department's Program Year 2022 Local Park Non -Urban Outdoor Recreation Grant. At 6:43 P.M., Mayor Capetillo opened and conducted the public hearing concerning the Texas Parks and Wildlife Department's Program Year 2022 Local Park Non -Urban Outdoor Recreation Grant. Parks Planner Cornell Gordon summarized the subject of the public hearing regarding agenda item 3.a., which was in regards to an application being submitted for a Texas Parks and Wildlife, City Council Regular Meeting Minutes September 23, 2021 Page 3 of 20 Local Urban Outdoor Park Grant to develop an inclusive park on the Lannie Property off Tompkins Drive that the City acquired back in 2020. He provided a budget breakdown of the proposed grant and the City's contribution. Mr. Gordon also presented the site plan and layout of the amenities that they are proposing for the new park area. With there being no one registered to speak regarding agenda item 3.a., Mayor Capetillo closed the public hearing at 6:47 P.M. b. Consider a resolution authorizing the submission of a grant application to the Texas Parks and Wildlife Department for the FY2022 Local Parks Non -Urban Outdoor Recreation Grant Program for a new park located at 4000 Tompkins Drive. A motion was made by Council Member Jacob Powell and seconded by Council Member Heather Betancourth to approve Resolution No. 2748, related to Item 3.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council Member Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Pro Tern Laura Alvarado (Absent) Approved RESOLUTION NO. 2748 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING TIIE CITY MANAGER TO MAKE AN APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE FY2022 LOCAL PARKS NON -URBAN OUTDOOR RECREATION GRANT PROGRAM IN THE AMOUNT OF SEVEN HUNDRED FIFTY THOUSAND AND NO 100 DOLLARS ($750,000.00) FOR A NEW PARK LOCATED AT 4000 TOMPKINS DRIVE; AUTHORIZING A MATCH TO BE PROVIDED,IN PART,FROM THE PURCHASE PRICE OF THE PROPERTY, CASH, AND IN -KIND LABOR,NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND AND NO. 100 DOLLARS ($750,000.00); AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD TIIAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED LIMITED PURPOSE ANNEXATION OF APPROXIMATELY 514.39 ACRES NORTH OF E. WALLISVILLE AND WEST OF GARTH RD City Council Regular Meeting Minutes September 23, 2021 Page 4 of 20 a. Conduct the second public hearing regarding the proposed Limited Purpose Annexation of approximately 514.39 acres, located generally North of East Wallisville Road and West of Garth Road. At 6:48 P.M., Mayor Capetillo opened and conducted the second public hearing regarding the proposed Limited Purpose Annexation of approximately 514.39 acres, located generally North of East Wallisville Road and West of Garth Road. Director of Planning and Development Services Martin Scribner summarized the subject of the public hearing regarding agenda item 4.a., and noted that this was the second public hearing for the proposed Limited Purpose Annexation for approximately 514 acres at the northwest corner of Garth Road and Wallisville Road. The proposed development is for a total of about two thousand homes, and noted this was part of the Development Agreement and the Strategic Planning Agreement that was done back in 2018 for the subject property, and there had been no changes since then. With there being no one registered to speak regarding agenda item 4.a., Mayor Capetillo closed the public hearing at 6:49 P.M. 5. PROPOSED ANNEXATION OF APPROXIMATELY 23.39 ACRES ALONG THOMPSON RD, NORTH OF ELLIS SCHOOL RD a. Conduct a second public hearing regarding the proposed annexation of approximately 23.39 acres of land in Harris County, Texas, including 20.82 acres of privately -owned land along Thompson Road North of Ellis School Road, along with approximately 2.57 acres being the entire width of Thompson Road right-of-way extending North approximately 1,879 feet from the current city limits to the northern end of the subject property. At 6:49 P.M., Mayor Capetillo opened and conducted the second public hearing regarding the proposed annexation of approximately 23.39 acres of land in Harris County, Texas, including 20.82 acres of privately -owned land along Thompson Road North of Ellis School Road, along with approximately 2.57 acres being the entire width of Thompson Road right-of-way extending North approximately 1,879 feet from the current city limits to the northern end of the subject property. Director of Planning and Development Services Martin Scribner summarized the subject of the public hearing regarding agenda item 5.a. and noted that this was a second public hearing for the proposed annexation. The subject property is also being rezoned to General Commercial for an office warehouse use and it is in the middle of that process as well, for which the Planning and Zoning Commission considered the item at their September 21" meeting. Ile noted staff was available to answer questions. With there being no one registered to speak regarding agenda item 5.a., Mayor Capetillo closed the public hearing at 6:50 P.M. City Council Regular Meeting Minutes September 23, 2021 Page 5 of 20 b. Consider an ordinance for the first reading of the proposed annexation of approximately 23.39 acres of land in Harris County, Texas, including 20.82 acres of privately -owned land along Thompson Road North of Ellis School Road, along with approximately 2.57 acres being the entire width of Thompson Road right-of-way extending North approximately 1,879 feet from the current city limits to the northern end of the subject property. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley to approve Ordinance No. 14,847, related to Item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council Member Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Pro Tern Laura Alvarado (Absent) Approved ORDINANCE NO. 14,847 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, AND THE ANNEXATION OF APPROXIMATELY 23.39 ACRES OF LAND IN HARRIS COUNTY, TEXAS, INCLUDING 20.82 ACRES OF PRIVATELY -OWNED LAND ALONG THOMPSON ROAD NORTH OF ELLIS SCHOOL ROAD, ALONG WITH APPROXIMATELY 2.57 ACRES BEING THE ENTIRE WIDTH OF THOMPSON ROAD RIGHT-OF- WAY EXTENDING NORTH APPROXIMATELY 1,879 FEET FROM THE CURRENT CITY LIMITS TO THE NORTHERN END OF THE SUBJECT PROPERTY, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. 6. PROPOSED ANNEXATION OF APPROXIMATELY 59.25 ACRES AT SOUTHEAST SJOLANDER RD AND IH-10 a. Conduct a second public hearing regarding the proposed annexation of approximately 59.25 acres of land, located generally at the southeast intersection of Sjolander Road and Interstate 10. City Council Regular Meeting Minutes September 23, 2021 Page 6 of 20 At 6:51 P.M., Mayor Capetillo opened and conducted the second public hearing regarding the proposed annexation of approximately 59.25 acres of land, located generally at the southeast intersection of Sjolander Road and Interstate 10. Director of Planning and Development Services Martin Scribner summarized the subject of the public hearing regarding agenda item 6.a. and noted that although the entire property of 59 acres is being annexed, only half of it, the eastern half, is simultaneously going through the rezoning process to Light Industrial, for which the Planning and Zoning Commission held their first public hearing at their September 2 1 " meeting. He noted staff was available to answer questions. With there being no one registered to speak regarding agenda item 6.a., Mayor Capetillo closed the public hearing at 6:51 P.M. b. Consider an ordinance for the proposed annexation of approximately 59.25 acres of land, located generally at the southeast intersection of Sjolander Road and Interstate 10. A motion was made by Council Member Jacob Powell and seconded by Council Member Heather Betancourth to approve Ordinance No. 14,848, related to Item 6.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council Member Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Pro Tern Laura Alvarado (Absent) Approved ORDINANCE NO. 14,848 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, AND THE ANNEXATION OF APPROXIMATELY 59.25 ACRES OF LAND, LOCATED GENERALLY AT THE SOUTHEAST INTERSECTION OF SJOLANDER ROAD AND INTERSTATE 101 WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. 7. PROPOSED RESOLUTION a. Consider a resolution adopting a Traffic Calming Policy for the City of Baytown. City Council Regular Meeting Minutes September 23, 2021 Page 7 of 20 Director of Public Works and Engineering Frank Simoneaux presented the item and noted that this resolution adopts a revised Traffic Calming Policy for the City and repeals the existing policy. The new policy was reviewed by the Council at their last meeting, which is a simplified and more engaging process. It was revised for the calculation of speeding vehicles based on comments from the Council and noted that staff recommended approval. Mayor Capetillo then had those that had signed up to speak on this item to come forward and present their comments. Ms. Amber Villemez, resident on Tompkins Drive, noted that as she was walking her child out to the driveway for his school bus that morning, and as he was charging down the driveway, she noticed a car coming down the road and the driver passed the stop sign like it was invisible. The driver pretended like she did not see the bus with its flashing lights and the stop sign. Her child was halfway through the road, right in front of her car, and the driver sped right by him. Ms. Villemez noticed the driver waving at the bus driver like it was nothing. She really thought she was going to lose her child that morning, and not only did she yell at him to stop and watch the car, but there were also kids, young kids, at the other side of the road waiting for their bus that yelled to her son to stop. Ms. Villemez asked that if speed bumps were not an option, if they could put cameras in the school buses or flashing lights on the stop signs as today was the worst day of her life. Also, she requested if perhaps cops could patrol the area during bus pickups because Tompkins Drive is very, very crazy. As she washes dishes, she can see out her window with the stop sign in front of her house, and she can watch fifteen cars in 3 minutes pass by and speed right through that stop sign. She noted that it is a real issue, and that day did it for her and is ready to move because she almost lost her child. Ms. Mary Hulen, resident on Tompkins Drive, noted that she lived next door to Ms. Villemez, and also addressed the issue of drivers speeding through the stop sign at the corner of Tompkins Drive and Canterbury Drive. She asked why speed bumps could not be installed on the street in order to slow down traffic and deviate drivers from cutting through Tompkins Drive to avoid the street lights on Massey Tompkins Drive. Ms. Roni Lovelady, resident of Baytown, noted that she attended the meeting because she saw Ms. Villemez' post that morning on the Next -Door Application and it brought back a lot of memories for her from 35 years ago when she almost lost her child the same way with a similar incident at a stop sign. She emphasized that children are our future and it is our job to protect them from motorists that do not pay attention to the stop signs and bus flashing lights, which an option she suggested could be to install dash cams on the school buses, but it was a traffic issue that needed to be addressed. Mr. Michael Hunter, resident on Canterbury Drive, commented that he had also witnessed motorists speeding through stops signs in his neighborhood during bus routes. fie asked for the police to patrol the area as they did in the past when he would ask friends on the police force to watch the stop sign in front of his house, and they issued many tickets years back. However, Mr. Hunter requested clarification on what the Traffic Calming Policy entailed and how the citizens are able to implement it and make it work for them. City Council Regular Meeting Minutes September 23, 2021 Page 8 of 20 Council Members Powell and Betancourth asked if staff could elaborate on the new process for citizens to be able to submit complaints or issues in neighborhoods as it relates to traffic. Mr. Simoneaux noted that the existing policy was somewhat cumbersome as it involved petitioning and going door-to-door, getting signatures to signify support of specific traffic calming treatment. However, the proposed new policy is more engaging with the public. It involved the use of Baytown Engage website, in which citizens can log on to, answer about 5 questions that starts the process, the City would then do an initial evaluation and go out and collect data. He noted that the data is used to evaluate if there are speeders and if there is a higher traffic volume. After that, then the results are put on the Baytown Engage website, which allows for feedback from the public, and then staff analyzes that feedback and recommends the treatment. Therefore, it is a much more simplified process, and easier for the public to engage in. Mr. Simoneaux indicated that the new Traffic Calming Policy was attached to the agenda item on the City's website so the public can access it for review. A motion was made by Council Member Jacob Powell and seconded by Council Member Mike Lester to approve Resolution No. 2749, related to Item 7.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council Member Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Pro Tern Laura Alvarado (Absent) Approved RESOLUTION NO. 2749 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING RESOLUTION NOS. 1210, 1316, AND 1390 CONCERNING VARIOUS TRAFFIC CALMING POLICIES; ADOPTING A TRAFFIC CALMING POLICY FOR THE CITY OF BAYTOWN; PROVIDING A REPEALING CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider a resolution approving the City of Baytown Investment Policy and Strategy Statement in accordance with the Public Funds Investment Act, Section 2256.005(e) for the addition of an investment officer. Finance Director Victor Brownlees presented the item and noted that the only amendment to the existing policy was the addition of the name of the City's Controller, Monio Mark, as an authorized investment officer for the City. Council Member Presley commented that he had an issue with the fact that they were adding the Controller as an investment officer and removing the Treasurer, since typically, treasury and City Council Regular Meeting Minutes September 23, 2021 Page 9 of 20 controllership are separate and distinct duties for a very big reason, as that helps to maintain the integrity of the external and internal controls of our public finances. He further noted that he did not believe it was in the best interest of the taxpayer dollars, public finances, or checks and balances, and would not support the amendment until he saw what qualifications in public finance the Controller had as it related to portfolio management, portfolio risk management, modern portfolio theory, macroeconomics, etcetera. Mr. Brownlees suggested that he could have the discussion with the Finance Committee in regards to the amendment, which Mayor Capetillo supported and noted that Council would then base their decision off the Finance Committee's recommendation. Mr. Brownlees reiterated that as the City's Chief Financial Officer, he would not have brought forward a proposal of this nature if he, himself, was not happy with the suggestion. Furthermore, he confirmed to Council that no single individual, including himself, at any time has the authority to disperse or invest funds without someone else's knowledge, as the controls and responsibilities are segregated and distributed across the department. A motion was made by Council Member Heather Betancourth and seconded by Council Member Chris Presley to suspend Item 7.b. for no later than sixty (60) days. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council Member Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, Council Member Mike Lester Nays: None Other: Mayor Pro Tern Laura Alvarado (Absent) Approved 8. CONSENT A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley to approve Consent Agenda Items 8.a. through 8.bb., as submitted. However, there was discussion prior to the vote. Council Member Presley inquired on the vehicle purchases from Silsbee Ford related to Item 8.d., and asked if staff had thought about obtaining a bid from a local dealership. Mayor Capetillo noted that it was being done through BuyBoard, therefore, it was his understanding that local entities can bid as well through the clearing house and then H-GAC, who runs the BuyBoard, ensures that there are three valid bids submitted for competitive procurement. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council Member Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, Council Member Mike Lester City Council Regular Meeting Minutes September 23, 2021 Page 10 of 20 Nays: None Other: Mayor Pro Tern Laura Alvarado (Absent) Approved a. Consider an ordinance authorizing a Depository Services Agreement with J.P. Morgan Chase Bank. ORDINANCE NO. 14,849 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 A DEPOSITORY SERVICES AGREEMENT WITH J. P. MORGAN CHASE BANK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance rejecting all bids for the Annual Demolition of Residential Structures, which were received on Thursday, August 26th at 2:00 P.M. ORDINANCE NO. 14,850 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING ANY AND ALL BIDS RECEIVED FOR ANNUAL DEMOLITION OF RESIDENTIAL STRUCTURES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the award of the Annual Gasoline and Diesel Fuel Contract to Gold Star Petroleum, Inc. ORDINANCE NO. 14,851 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GOLD STAR PETROLEUM, INC., FOR THE ANNUAL GASOLINE AND DIESEL FUEL CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF ONE MILLION ONE HUNDRED FIFTY TIiOUSAND AND NO' 100 DOLLARS ($1,150,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the purchase of twenty-one (21) Ford Trucks from Silsbee Ford, through GoodBuy Purchasing Cooperative, for the Public Works and Engineering Department and the Planning and Development Services Department. City Council Regular Meeting Minutes September 23, 2021 Page 11 of 20 ORDINANCE NO. 14,852 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVEN HUNDRED TWENTY- FIVE THOUSAND ONE HUNDRED TWENTY AND 50.100 DOLLARS ($725,120.50) TO SILSBEE FORD INC., THROUGH GOODBUY PURCHASING COOPERATIVE, FOR THE PURCHASE OF TWENTY-ONE (21) FORD TRUCKS FOR THE PUBLIC WORKS: ENGINERING DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing the purchase of one (1) John Deere 310L EP Backhoe and one (1) John Deere 444P Wheel Loader from Doggett heavy Machinery through Buy Board. ORDINANCE NO. 14,853 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED FORTY- SEVEN THOUSAND AND NO 100 DOLLARS ($247,000.00) TO DOGGETT HEAVY MACHINERY FOR THE PURCHASE OF ONE (1) JOHN DEERE 310L EP BACKHOE AND ONE (1) JOHN DEERE 444P WHEEL LOADER FOR THE PUBLIC WORKS ENGINEERING DEPARTMENT, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE TIIEREOF. f. Consider an ordinance authorizing the purchase of one (1) Volvo EW 180E Wheeled Excavator from Romeo Equipment through the Buy Board Contract. ORDINANCE NO.14,854 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED SIXTY-SIX THOUSAND NINE HUNDRED NINETY-FOUR AND NO'100 DOLLARS ($266,994.00) TO ROMCO EQUIPMENT CO., FOR THE PURCHASE OF ONE (1) VOLVO EW 180E WHEELED EXCAVATOR FOR THE PUBLIC WORKS ENGINEERING DEPARTMENT, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing the purchase of one (1) Supershot 125DC from Crafco, Inc., through Buy Board for the Public Works and Engineering Department. City Council Regular Meeting Minutes September 23, 2021 Page 12 of 20 ORDINANCE NO. 14,855 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-SEVEN THOUSAND SIX HUNDRED THIRTY-NINE AND 84100 DOLLARS ($77,639.84) TO CRAFCO, INC. FOR THE PURCHASE OF ONE (1) SUPERSHOT 125DC FOR THE PUBLIC WORKS/ENGINEERING DEPARTMENT, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance renewing the Annual Lawn and Landscaping Maintenance Contract with Yellowstone Landscape -Central, Inc. ORDINANCE NO. 14,856 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL LAWN AND LANDSCAPING MAINTENANCE CONTRACT WITH YELLOWSTONE LANDSCAPE - CENTRAL, INC., 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. i. Consider an ordinance authorizing the sole source purchase of Neptune water meters, parts, and supplies for meter maintenance from Core & Main LP. ORDINANCE NO. 14,857 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF TWO HUNDRED FIFTY THOUSAND FIVE HUNDRED AND NO'100 DOLLARS ($250,500.00) TO CORE & MAIN LP, FOR THE PURCHASE OF NEPTUNE WATER METERS, PARTS AND SUPPLIES FOR METER MAINTENANCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing an Industrial District Agreement with Chambers County Logistics Terminal, L.P. ORDINANCE NO. 14,858 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE City Council Regular Meeting Minutes September 23, 2021 Page 13 of 20 AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH CHAMBERS COUNTY LOGISTICS TERMINAL, L.P.; AND PROVIDING FOR THE EFFECTIVE DATE TIIEREOF. k. Consider an ordinance authorizing an Industrial District Agreement with NRG Cedar Bayou Development Company, LLC, and Odyssey Energy Cedar Bayou 4, LLC. ORDINANCE NO. 14,859 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH NRG CEDAR BAYOU DEVELOPMENT COMPANY, LLC, AND ODYSSEY ENERGY CEDAR BAYOU 4, LLC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing an Industrial District Agreement with United Salt. ORDINANCE NO. 14,860 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH UNITED SALT CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. In. Consider an ordinance authorizing an Industrial District Agreement with Tenaris Bay City, Inc. ORDINANCE NO.14,861 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH TENARIS BAY CITY, INC.; AND PROVIDING FOR TI IE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing an Industrial District Agreement with Ameriport Building 3, LLC. ORDINANCE NO. 14,862 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERIC TO ATTEST TO AN INDUSTRIAL DISTRICT City Council Regular Meeting Minutes September 23, 2021 Page 14 of 20 AGREEMENT WITH AMERIPORT BUILDING 3, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. o. Consider an ordinance authorizing an Industrial District Agreement with Hunt Southwest — Cedar Port I, LLC. ORDINANCE NO. 14,863 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH HUNT SOUTHWEST - CEDAR PORT I, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. P. Consider an ordinance authorizing an Industrial District Agreement with Heritage - Crystal Clean, LLC. ORDINANCE NO. 14,864 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH HERITAGE -CRYSTAL CLEAN, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. q. Consider an ordinance authorizing an Industrial District Agreement with Baytown Energy Center, LLC. ORDINANCE NO. 14,865 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYTOWN ENERGY CENTER, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. r. Consider an ordinance authorizing an Industrial District Agreement with Samson Controls, Inc., and Samson Products, Inc. ORDINANCE NO. 14,866 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERIC TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH SAMSON CONTROLS, INC., AND SAMSON City Council Regular Meeting Minutes September 23, 2021 Page 15 of 20 PRODUCTS, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. S. Consider an ordinance authorizing Arthur J. Gallagher (AJG) Risk Management Services, Inc., as broker, to place the City's Workers' Compensation Excess Coverage with Midwest Employers Casualty Company. ORDINANCE NO. 14,867 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING ARTHUR J. GALLAGHER (AJG) RISK MANAGEMENT SERVICES, INC., AS BROKER, TO PLACE THE CITY'S WORKERS' COMPENSATION EXCESS COVERAGE FOR FY 2022; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-TWO THOUSAND SEVEN HUNDRED TWELVE AND NO `100 DOLLARS ($142,712.00) FOR THE EXCESS WORKERS' COMPENSATION INSURANCE PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. t. Consider an ordinance authorizing District for the use of its Wellness Center Members and City employees. in Interlocal Agreement with Lee College and Swimming Pool by the City Council ORDINANCE NO. 14,868 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH LEE COLLEGE DISTRICT FOR THE USE OF THE WELLNESS CENTER AND SWIMMING POOL BY CITY COUNCIL MEMBERS AND CITY EMPLOYEES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. U. Consider an ordinance authorizing an agreement with Labor First, LLC, d/b/a Retiree First, for a Retiree Medicare Advantage Plan Insurance under the medical carrier Unitedllealthcare. ORDINANCE NO. 14,869 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT WITH LABOR FIRST, LLC, D B A RETIREE FIRST FOR RETIREE MEDICARE SUPPLEMENTAL INSURANCE FOR THE CALENDAR YEAR OF JANUARY 1, 2022, THROUGH DECEMBER 31, 2022; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIX HUNDRED THIRTY-FIVE THOUSAND AND NO100 DOLLARS ($635,000.00); City Council Regular Meeting Minutes September 23, 2021 Page 16 of 20 MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. V. Consider an ordinance authorizing payment with United Healthcare of Texas, Inc., as the carrier/administrator for the City of Baytown's medical and pharmaceutical claims. ORDINANCE NO. 14,870 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., AS THE ADMINISTRATOR OF THE CITY OF BAYTOWN'S MEDICAL AND PHARMACEUTICAL CLAIMS, FOR SPECIFIC AND AGGREGATE STOP LOSS COVERAGE, AND FOR NETWORK SERVICES ON BEHALF OF THE CITY OF BAYTOWN; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED THREE HUNDRED FORTY-FIVE THOUSAND AND NO' 100 DOLLARS ($345,000.00) FOR THE THIRD - PARTY ADMINISTRATOR SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. W. Consider an ordinance authorizing payment with Concentra Ilealth Services, Inc., for the administration of an employee health clinic, including medical services and supplies. ORDINANCE NO. 14,871 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING PAYMENT TO CONCENTRA HEALTH SERVICES INC., FOR ADMINISTRATION OF AN EMPLOYEE HEALTH CLINIC, INCLUDING MEDICAL SERVICES AND SUPPLIES; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED SDC HUNDRED TWENTY-FIVE THOUSAND AND NO:100 DOLLARS ($625,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. X. Consider an ordinance renewing the Annual Police Uniforms Contract with Galls, LLC. ORDINANCE NO. 14,872 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE ANNUAL POLICE UNIFORM CONTRACT WITH GALLS, LLC, F, K/A RED THE UNIFORM TAILOR, THROUGH A COOPERATIVE AGREEMENT WITH THE CITY OF FRISCO, FOR THE PURCPIASE OF POLICE UNIFORMS AND BODY ARMOR; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN AMOUNT NOT TO EXCEED NINETY THOUSAND AND NO100 DOLLARS ($90,000.00); City Council Regular Meeting Minutes September 23, 2021 Page 17 of 20 MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Y. Consider an ordinance approving a contract with the Bay Area Rehabilitation Center for park cleaning, janitorial services, and litter removal. ORDINANCE NO. 14,873 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 A CONTRACT WITH BAY AREA REHABILITATION CENTER FOR PARK CLEANING, JANITORIAL SERVICES, AND LITTER REMOVAL; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY-TWO THOUSAND THREE HUNDRED FIFTY-EIGHT AND NO 100 DOLLARS ($142,358.00); MAKING OTHER PROVISIONS RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Z. Consider an ordinance authorizing the purchase of two (2) 2021 F350 Crew Cab Dually Trucks from Silsbee Ford Inc., through Goodbuy, for the Parks and Recreation Department. ORDINANCE NO. 14,874 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SEVENTY-SIX THOUSAND FOUR HUNDRED EIGHTY-EIGHT AND NO.100 DOLLARS ($76,488.00) TO SILSBEE FORD INC., THROUGH GOODBUY PURCHASING COOPERATIVE, FOR THE PURCHASE OF TWO (2) 2021 F350 CREW CAB DUALLY TRUCKS FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. aa. Consider an ordinance authorizing the purchase of Axiall Accu-Tab Hypochlorite Solution Tablets and Pool Chemicals from Progressive Commercial Aquatics, Inc., for water park maintenance, using the BuyBoard co-operative. ORDINANCE NO. 14,875 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIVE HUNDRED TWO THOUSAND FOUR HUNDRED EIGHT AND NO/100 DOLLARS ($502,408.00) TO PROGRESSIVE COMMERCIAL AQUATICS, INC., FOR THE REFINISHING OF SEVERAL SLIDES AND CLEANING AND REPAINTING THE RIVER AND WAVE POOL BOULDERS AT PIRATES City Council Regular Meeting Minutes September 23, 2021 Page 18 of 20 BAY WATER PARK, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTIIER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. bb. Consider an ordinance approving the refinishing of several slides and cleaning and repainting the river and wave pool boulders at Pirates Bay Water Park with Progressive Commercial Aquatics, Inc., through the Texas Local Government Purchasing Cooperative (Buyboard). ORDINANCE NO. 14,876 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED THIRTY THOUSAND AND NO100 DOLLARS ($130,000.00) TO PROGRESSIVE COMMERCIAL AQUATICS, INC., FOR THE PURCHASE OF AXIALL ACCU-TAB HYPOCHLORITE SOLUTION TABLETS FOR THE PARKS AND RECREATION DEPARTMENT, THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 9. APPOINTMENTS a. Consider three (3) appointments to the Baytown Police Advisory Committee. City Clerk Angela Jackson presented the item and noted that Ms. Yulanda Braxton, representative for District 1, and Dr. June Stansky, representative for District 3, both seek reappointment on the Baytown Police Advisory Committee. Further, Lieutenant Rodney Evans is the new nomination for the Chief of Police designee position. If appointed, their terms would commence on October 1, 2021, and expire on September 30, 2023. A motion was made by Council Member Charles Johnson and seconded by Council Member Chris Presley for the reappointment of Ms. Yulanda Braxton and Dr. June Stansky, and the new appointment of Lieutenant Rodney Evans to the Baytown Police Advisory Committee to serve a two-year term. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council Member Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Pro Tern Laura Alvarado (Absent) Approved City Council Regular Meeting Minutes September 23, 2021 Page 19 of 20 b. Consider one (1) appointment to the Baytown Fire Control, Prevention, and Emergency Medical Services District (FCPENISD) Board. City Clerk Angela Jackson presented the item and noted that Council Member Betancourth would like to nominate Ms. Rhonda Lopez to represent District 4 on the Baytown Fire Control, Prevention, and Emergency Medical Services District Board. If appointed, her unexpired two- year term would commence immediately and expire on August 31, 2023. A motion was made by Council Member Heather Betancourth and seconded by Council Member Mike Lester appoint Ms. Rhonda Lopez as the District 4 Representative to the Baytown Fire Control, Prevention, and Emergency Medical Services District Board. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council Member Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Pro Tem Laura Alvarado (Absent) Approved C. Consider a resolution nominating a person to serve on the Board of Directors of the Harris County Appraisal District. City Manger Rick Davis presented the item and noted that Mr. Mike Sullivan, who had been serving on the Board of Directors since 2017, is a former appraiser and based on his desire to continue to serve, staff recommended reappointing him for another term at this time. Council Member Betancourth commented that she had a vague understanding of the position itself and what Mr. Sullivan's role was on the Board of Directors of the Harris County Appraisal District, as well as who he is and what is his philosophy on appraisal and taxing. She noted that they have had several discussions in regards to property tax relief and giving that financial relief to citizens, but it always comes back to, "Well, it's not the rate, it is the appraisal," and the appraisal has always really been out of their purview or control, therefore, she requested more information on the Board. City Attorney Karen Horner noted that the City gets to nominate someone, along with all the other cities in Harris County, except for Houston since Houston has their own nominee. You are asked to nominate someone to be on that Board, and that Board serves much like Council, as policymakers, they hire the Chief Appraiser and they set policy. They do not, however, go in and actually do the appraisals themselves, but rather sit as a policymaker. She noted that this would be the City's nominee, and then later they will have a chance to vote on all the different nominees. They can pick the one that Council nominated or maybe somebody else at that point. City Council Regular Meeting Minutes September 23, 2021 Page 20 of 20 Council Member Betancourth noted that since this may be their only influence on the Appraisal District, and asked if it was a time -sensitive nomination, which Ms. Horner indicated that the City's nomination had to be provided by October 151h, however, they do have another Council meeting prior to the deadline if they would like to wait to vote at that time in order to gather more information about Mr. Sullivan on his opinion and views. A motion was made by Council Member Heather Betancourth and seconded by Council Member Chris Presley to suspend Item 9.c., to the October 14, 2021, Council meeting agenda. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council Member Chris Presley, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Pro Tern Laura Alvarado (Absent) Approved 10. MANAGER'S REPORT City Manager Rick Davis presented kudos to several staff members in the Police and Fire Departments for their selfless service and for representing the City of Baytown so well. 11. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the September 23, 2021, City Council Regular Meeting at 7:38 P.M. o � ooLo R� Angela Jadson, City Clerk` Y.�Z.� t City of Baytown o co 0 F'���