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2022 01 13 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 13, 2022 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, January 13, 2022, at 6:30 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 Jacob Powell Mike Lester Brandon Capetillo Rick Davis Trevor Fanning Angela Jackson John Stringer Council Member Mayor Pro Tern Council Member Council Member Council Member Council Member Mayor City Manager Interim City Attorney City Clerk Sergeant at Arms Mayor Capetillo convened the January 13, 2022, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Mayor Pro Tern Chris Presley. 1. MINUTES a. Consider approving the minutes of the City Council Retreat held on November 12, 2021. A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson to approve the meeting minutes of the City Council Retreat held on November 12, 2021, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes January 13, 2022 Page 2 of 19 b. Consider approving the minutes of the City Council Work Session and Special Meeting held on November 15, 2021. A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson to approve the meeting minutes of the City Council Work Session and Special Meeting held on November 15, 2021, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved 2. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Swearing -In Ceremony for Chief of Police, John Stringer. Judge Julie Escalante administered the oath of office to the new Chief of Police John Stringer. Chief Stringer's two daughters performed the pinning of the stars and his badge was pinned by his wife. b. Presentation of the Life Saving Award to Officer Rouming Bi by the Chief of Police. Chief of Police John Stringer presented the Life Saving Award to Officer Rouming Bi. He relayed that on February 8, 2021, Officer Bi responded to the Fred Hartman Bridge upon hearing a radio call of a woman who threatened to jump in an attempt to end her life. Upon arriving, Officer Bi grabbed hold of the woman before she could be a danger to herself, and transported her to the hospital, where she received the help she needed. Chief Stringer acknowledged Officer Bi's actions brought credit to himself, the law enforcement profession, and the traditions of the Baytown Police Department. He ended on the note that this was actually Officer Bi's second Life Saving Award. Mayor Capetillo noted that one individual had signed up to speak regarding Item 2.a., Mr. David Isaac, and asked him to come forward to present his comments. Mr. David Isaac stated his comments were related to the swearing in of Chief Stringer. He highlighted this was a transformation in Baytown's history as this was the first time the City Manager offered the citizens to provide input on the four Chief of Police final candidates. Mr. Isaac relayed a personal experience from his past, fifteen years ago, in which he was not treated very nicely by the Baytown Police. His recent experience with the Baytown Police, however, was completely different as he was addressed differently and respectfully. Mr. Isaac noted this was due to a citizen -driven community advisory board and a Chief selected with the input from the citizens. Mr. Isaac welcomed Chief Stringer to the City of Baytown, to our history and our culture, and stated he hoped they rectify any problems they have in the future of our town. City Council Regular Meeting Minutes January 13, 2022 Page 3 of 19 C. Recognize the Baytown Engage Civic Academy participants. Library Director Jamie Eustace introduced the members of the 2"d cohort of the Baytown Engage Civic Academy. She relayed the group began in October and finished before Christmas. Ms. Eustace noted some of the activities that the group participated in, and noted that they had also had the opportunity to interact with city staff. Ms. Eustace thanked everyone in the City who participated, and gave a special shout out to staff members, Ms. Lesley Kohles and Ms. Sabrina Martin, for their efforts with the Community Engagement program. With the help of Mayor Capetillo, Ms. Eustace recognized the following participants: • Tomas Araujo • Kimberlee Techeira • Ann Boucher • Janda Griffin • Robert Wright • Gwen Taylor • Carol Brodie • Wanda Malone Ms. Kimberlee Techeira gave a brief overview on her positive experience in the program and thanked Council for allowing them to participate. d. Presentation of the Texas Recreation and Park Society's (TRAPS) 2021 Lone Star Programming, Photography, Innovation in Parks & Facility Development, and The Park Professional of the Year awards. Interim Director of Parks and Recreation Clifford Hatch presented the item and began by stating he was there to discuss some accomplishments of the Parks and Recreation team. The month prior, Mr. Hatch attended the Texas Recreation and Park Society's ("TRAPS") Annual Award Ceremony where they collected five awards —the most of any community in their region. He explained the East Region TRAPS was comprised of 76-member communities with almost 500 professional members. Mr. Hatch descried the awards they received as follows: Lone Star Programming Award • Recognized Baytown's first Juneteenth Celebration; • There was an estimated crowd of over 5,000 guests and the two-day event reached the goal of being the largest, free Juneteenth celebration in their area; • The Juneteenth Committee, led by Council Member Johnson, played a key role in selecting the musical acts, securing sponsorships, and promoting the overall event; and • Parks and Recreation looked forward to partner again with the Juneteenth Committee for their next celebration on Friday, June 17"' at Lee College and Saturday, June 181" at Bicentennial Park. Innovation in Facility Development • Awarded for the makeover of the Children's Nature Discovery Lab at the Wetlands Center; • Carla Eppler designed and constructed the center's treehouse puppet theater, and Mr. Hatch also thanked Tracy Prothro and the environmental staff for their efforts. City Council Regular Meeting Minutes January 13, 2022 Page 4 of 19 Photography Award I Special Event • The photograph was taken by Marketing & Special Events Coordinator Yebin Chae and consisted of children playing with a bubble machine in a Pop -Up Park at Pelly. Photography Award I Leisure & Cultural Arts • The photograph was taken by Grey Scott from Human Resources and consisted of the completed street art exhibit next to Town Square. 2021 Park Professional of the Year • Awarded to Tracey Prothro, the Superintendent of Natural Resources, who was in charge of the operations of the Wetlands and Nature Center; • Mr. Hatch noted Ms. Prothro was a chairman of the East Region Natural Resources Conservation Committee, a regular speaker at the TRAPS Regional and State Institutes, and also involved in countless other professional organizations; and • It was also commented that Ms. Prothro managed to navigate COV ID protocols while still offering educational classes and programs to the community. Mr. Hatch concluded his presentation by expressing the honor it had been to receive those achievements over the past year. The Mayor and Council proceeded to take a photo with the Parks and Recreation staff with their awards. 3. REPORTS a. Receive the Baytown Police Advisory Committee's Quarterly Report to the City Council on its work and progress. Vice Chairperson Eric Bolenbaucher provided Council with a review of the Baytown Police Advisory Committee's activity over the past quarter. Mr. Bolenbaucher began by reminding Council of the committee's four "buckets of concern," which were: mental health; transparency and accountability; training and development; and positive engagement. Mr. Bolenbaucher then went through a PowerPoint presentation, which provided the committee's recent activity: • Regular Scheduled Committee Meetings; • Participated in Baytown's Public Safety and Emergency Communications Facility Groundbreaking; • Public Hearings were now included in regularly scheduled meeting to receive citizen input • Received a report from their new Chief of Police, Mr. Stringer, as to what he envisioned going forward; • Decal and Pamphlet for Mental Health: o Description: Provide a public decal to be placed on cars/homes to self -identify individual's mental illness o Benefits: Provide officers with greater infonnation in order to better respond o Status: Finalized; • Implemented Self -Reporting Form: o Description: Allows individuals to self -report mental illness o Benefits: Provide officers with better information as they are responding City Council Regular Meeting Minutes January 13, 2022 Page 5of19 o Status: Form is approved and available at doctor's offices, online, and at the Baytown Police Department; and • Implemented the Clinician and Officer Remote Evaluation ("CORE") Program (20 iPads) — previously discussed by Chairperson Montgomery: o To date, CORE had been deployed sixteen times and about half resulting in the consumer being admitted to a hospital for further evaluation; and o On two occasions, officers had been credited by a consumer and a clinician for saving the life of the consumer. With that being his presentation, Mr. Bolenbaucher opened the discussion to questions and Council Member Johnson inquired on how they would get the information out regarding the decals. City Manager Rick Davis replied that they would utilize the capabilities of the Police Department's communication channels, which would be supported by Public Affairs. Council Member Johnson suggested creating an ad for Channel 16 and social media to which Mr. Davis obliged. Council Member Johnson then gave a final comment of his liking that the CORE had been started and already helped people. Mr. Bolenbaucher followed Council Member Johnson's comment by giving an example of these resources successfully being implemented in a related call. Council Member Johnson applauded the BPAC and the Police Department for their efforts, and Mr. Bolenbaucher further gave accolades to Lieutenant Steve Doris for taking the lead on the CORE program and the Legal team. Mayor Capetillo added his praise for the CORE program, and to that Mr. Bolenbaucher clarified the program did not cost the city anything as it was going through an endowment by Harris County. Mayor Capetillo noted that one individual had signed up to speak regarding Item 3.a., Mr. David Isaac, and asked him to come forward to present his comments. Mr. David Isaac, resident at 612 West Texas Avenue, commented that this vehicle of communication between the community and law enforcement was the most important. He did note on the lack of involvement, as he was the only member of the general public present at the meetings, and hoped the Committee would offer more ways to get the community involved and voice their concerns. He gave an example of their concerns being the fear of police retaliation — how would they then combat that? In regards to the decals, Mr. Isaac brought attention to HIPPA and privacy laws that they should keep in mind in regards to mental health. Mr. Isaac also questioned if addiction and victimless crimes (e.g. being pulled over for drug possession) were included with mental health. Mr. Isaac stated he hoped to bring these discussions to the Committee. Mr. Isaac referenced a previous speech by Economic Development Manager Bret Gardella where he had noted that grants and loans were unable to be given to small business. He related that speech to poverty which he believed had everything to do with criminal justice, and noted of the history of equity being squeezed out of neighborhoods of color. In regards to communication, Mr. Isaac stated they needed to be more open and voiced his doubts of the strategic plan. He believed there was a need to find out where the power was invested for community input for the Police Advisory Committees. City Council Regular Meeting Minutes January 13, 2022 Page 6 of 19 Mayor Capetillo interjected informing Mr. Isaac that his time was up, and continued to the next item. 4. DISCUSSIONS a. Present and discuss the results of the 2021 City of Baytown Community Survey. Assistant to the City Manager Brian Moran introduced Mr. Jason Morado, Director of Community Research with ETC Institute, which is the firm that conducted the annual citizen satisfaction survey. Mr. Jason Morado introduced himself and provided a bit of background on the ETC Institute, and mentioned this was their eighth time conducting the community survey for the City of Baytown. Mr. Morado's presentation consisted of providing the purpose and methodology of the survey, as well as the major findings of the survey to show how they came to their conclusions. At 7:08 P.M., Mayor Capetillo walked out of the meeting and returned to the meeting at 7:13 P.M. Mr. Morado exhibited a map of the demographics of the participating residents. He noted they had a good distribution throughout the city and a good representation of key demographic areas relating to age, race/ethnicity, and gender. In conclusion, he noted that residents had an overall positive perception of the City of Baytown as 66% were satisfied with the overall quality of services while 9% were dissatisfied. He stated that ETC Institute believed the city was moving in the right direction because since 2019, satisfaction rating had increased or stayed the same in 71 of 103 areas. Also, Baytown rated 23% above the Texas average in overall quality of city services and 24% in customer service provided by city employees. The top overall priorities included Traffic Flow and Congestion Management, Maintenance of City Streets, and Stormwater Runoff and Flood Prevention. Mr. Morado went into further detail of the ratings citizens gave in their perceptions of Baytown and exhibited a chart with the percentages of items that influenced citizens' perceptions. He also exhibited another chart that categorized the city services with satisfaction percentages as well. The highest rated areas were Fire Services, Emergency Medical Services, Library, Parks and Recreation, Waste Management, and Police Services. There were three areas where more than 30% of citizens were dissatisfied which were in streets, stonnwater runoff, and traffic flow. He did note, however, those percentages were lower than the previous year. Mr. Morado then displayed a map of the geographic areas where residents rated the city, and Mr. Morado concluded that Baytown was consistent in their services throughout the city and provided a slide that displayed the trend analysis of Baytown. Mr. Morado displayed a graph, referred to as the "overall satisfaction index," that scored Baytown in comparison to the U.S. average from 2016 to 2021. He noted Baytown consistently scored higher and in 2021 they were at the highest the city had ever been. The following chart compared Baytown's satisfaction ratings from 2019 to 2021. The five areas with signification increase were Waster Services, Police, drinking water, Animal Control, and traffic flow. In perceptions from 2017 to 2021, the biggest increases were in the overall quality of services and the quality of life. The decreases were in new development and how well the city was planning for growth. The chart City Council Regular Meeting Minutes January 13, 2022 Page 7of19 that displayed the city's customer services showed significant increases in all areas. In satisfaction with drinking water, there were increases in percentages in all areas, and Transportation, as well, received increases in all areas. The following topic of discussion was how Baytown compared to other communities. He noted that Baytown did rate significantly lower in traffic flow, yet Mr. Morado noted it was higher than the previous survey and so there was still room for improvement. In top priorities, Mr. Morado presented a satisfaction rating analysis. They broke down the category of services in to three tiers: very high priority; high priority; and medium priority. • Very High Priority: Flow of traffic, maintenance of city streets, and stonnwater runoff, • High Priority: Enforcement of city codes and ordinances; and • Medium Priority (Top 2): Police services and effectiveness of the city's communication with the public. Mr. Morado then gave an analysis of those specific categories of services. Mr. Morado then offered to answer any questions that Council may have, to which the Council had none. Mayor Capetillo noted that one individual had signed up to speak regarding Item 4.a., Mr. David Isaac, and asked him to come forward to present his comments. Mr. David Isaac began by stating that only 607 people were surveyed, which this sample size was inadequate. He suggested a different institute to conduct the surveys. Mr. Isaac relayed what he saw was Council trying to control the narrative of how well Baytown was doing. He noted one of the number one services were related to seniors who were 96% of voters. Mr. Isaac emphasized Council should think about the youth and those who were not surveyed. In regards to ethic and code enforcement, Mr. Isaac stated they had no ethics commission in spite of his campaigning efforts. He emphasized the city needed to keep up with how they enforced ethics. Mr. Isaac echoed the dissatisfaction on grants and loans that he related to crime prevention and equity. He stated that he wanted to know if Council wanted to fix the issues instead of controlling the narrative by hiring the ETC Institute stationed in Kansas. His final note was restating the suggestion of hiring a different entity to conduct the surveys. 5. PROPOSED ORDINANCES a. Consider the first reading of an ordinance for the proposed annexation of approximately 34.45 acres, consisting of 3 parcels located generally near the northwest intersection of John Martin Road and Interstate 10. Director of Planning and Development Director Martin Scribner stated the item had previously been discussed, and so he was then open to answer any questions from Council. With there being none, Mayor Capetillo considered the item read and moved on to the following item. City Council Regular Meeting Minutes January 13, 2022 Page 8of19 b. Consider an ordinance authorizing Change Order No. 2, which amends the Construction Manager -at -Risk contract for the Public Safety Facility Project, with Durotech, Inc. to approve the Phase 1 B Guaranteed Maximum Price. Assistant Director of Public Works and Engineering Andrea Brinkley presented the item and described this as the second milestone for the Public Safety Facility. In the fall of the year prior, they had approved Phase 1 A, which was the early work package. Ms. Brinkley reminded Council that the construction manager -at -risk was an alternative delivery method that allowed the contractor to help them with pricing with some of their expertise for constructability. Ms. Brinkley then began to list the remaining components of Phase 1, and noted that they were also going to do an early purchase of the generator for Phase 2 for the large administration building because those are subject to the price volatility in the market at this time. She conveyed the value of the project Phase 1 B was $13,594,937 and would take about seven months, and together with the project Phase IA. that will be a year's worth of work. In the two weeks, Ms. Brinkley relayed they hoped to be back with the balance of the project for Council's final consideration. She ended on the note that staff recommended approval. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern Chris Presley to approve Ordinance No. 14,993, related to Item 5.b. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 141993 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING CHANGE ORDER NO. 2, WHICH AMENDS THE CONSTRUCTION MANAGER -AT -RISK CONTRACT FOR THE PUBLIC SAFETY FACILITY PROJECT WITH DUROTECH, INC., IN AN AMOUNT NOT TO EXCEED THIRTEEN MILLION FIVE HUNDRED NINETY-FOUR THOUSAND NINE HUNDRED THIRTY-SEVEN AND NO/100 DOLLARS ($13,594,937.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing an Interlocal Agreement with the Harris County Flood Control District for the Danubina and East James Street Drainage Project. Director of Public Works and Engineering Frank Simoneaux presented item 5.c., and noted this was an Interlocal Agreement for two projects they combined into one, Danubina and East James. Mr. Simoneaux stated that the Danubina project consisted of the trunk line along East Hunnicutt, as well as channel improvements to Hull Gully, and East James consisted of drainage improvements along the street and Wright Boulevard. Mr. Simoneaux explained they would be City Council Regular Meeting Minutes January 13, 2022 Page 9of19 constructed in two different phases, the first being storm drainage improvements along Hunnicutt and the East James area as well as the detention for that area. During that first phase, they would work on getting the easements for their channel improvements which after acquiring the county would then begin construction. The total cost of the project was estimated to be $33,817,364, with the city contributing $16,989,196. Mr. Simoneaux explained the city would contribute their share of the estimated design and right-of-way cost at that time. Once the project was ready to bid, they would pay for the estimated construction cost. The cost overruns, related to drainage items, would be shared equally between the city and Harris County. Those not related to drainage, would be borne by the city. Mr. Simoneaux noted the project was approved by Harris County Commissioners Court on December 14, 2021, and that staff recommended approval of the item. Council Member Lester noted his approval of the project and that this would be a major improvement. He noted, in reference to the 2021 City of Baytown Community Survey, that stonnwater was listed as a priority. Mr. Simoneaux added that was their worst area in flooding and expressed his future hopes of improvement with the project. Mayor Capetillo also commented on his approval and imparted their past efforts of hearing citizens' dissatisfactions. He commended the partnering with Harris County Flood Control District and the Match Program to help fund the project, and was pleased the project was finally taking place. A motion was made by Council Member Mike Lester and seconded by Council Member Jacob Powell to approve Ordinance No. 14,994, related to Item 5.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 145994 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE DANUBINA AND EAST JAMES STREET DRAINAGE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTEEN MILLION NINE HUNDRED EIGHTY- NINE THOUSAND ONE HUNDRED NINETY-SIX AND NO/100 DOLLARS ($16,989,196.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 13, 2022 Page 10 of 19 d. Consider an ordinance authorizing an Interlocal Agreement with the Harris County Flood Control District for the Cedar Bayou Lynchburg Sub -Regional Stormwater Detention Project. Director of Public Works and Engineering Frank Simoneaux presented item 5.d., and stated this item was also an Interlocal Agreement with Harris County for the purchase of property for stormwater detention intended to benefit the Goose Creek Watershed and mitigate the improvements to West Cedar Bayou Lynchburg Road. The estimated cost of the property was $3.1 million that would be shared equally by Harris County and the City. The Commissioners Court approved the project on December 14, 2021, and Mr. Simoneaux noted that staff recommended approval of the item. A motion was made by Council Member Charles Johnson and seconded by Council Member Laura Alvarado to approve Ordinance No. 14,995, related to Item 5.d. The vote was as follows: Ayes:' Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 14,995 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE HARRIS COUNTY FLOOD CONTROL DISTRICT FOR THE CEDAR BAYOU LYNCHBURG SUBREGIONAL STORMWATER DETENTION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE MILLION FIVE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($1,550,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing an Interlocal Agreement with TxDOT for the Turn Lane Improvements at Decker Drive and Spur 330 related to the Reconstruction of Rollingbrook Drive Project. Assistant Director of Public Works and Engineering Andrea Brinkley presented item 5.e., and noted this was related to the Rollingbrook Reconstruction project that would allow theta to do turn lane improvements by removing a section of median. Ms. Brinkley commented this would allow a right turn lane from Decker onto Rollingbrook to ease congestion. The project was on -going and Ms. Brinkley explained that the delay was due to having to wait on the agreement with TxDOT, but that staff recommended approval of this item at this time. City Council Regular Meeting Minutes January 13, 2022 Page 11 of 19 A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson to approve Ordinance No. 14,996, related to Item 6.c. However, there was discussion prior to the vote. Council Member Betancourth commented her support and further requested turning lanes on North Main Street and I-10 and also off John Martin Road and Thompson Road. Ms. Brinkley replied those improvements were actually included in the Five -Intersection project and would be coming to them in the future. The vote for the motion on the table was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved ORDINANCE NO. 14,996 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE TURN LANE IMPROVEMENTS AT DECKER DRIVE AND SPUR 330 RELATED TO THE RECONSTRUCTION OF ROLLINGBROOK DRIVE PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED NINE HUNDRED TWENTY-TWO AND NO/100 DOLLARS ($922.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 6. CONSENT A motion was made by Mayor Pro Tern Chris Presley and seconded by Council Member Charles Johnson to approve Consent Agenda Items 6.a. through 6.n., as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes January 13, 2022 Page 12 of 19 a. Consider an ordinance approving Change Order No. I to the Annual Waterline Rehabilitation contract awarded to SKE Construction, LLC. ORDINANCE NO. 141997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING CHANGE ORDER NO. 1 TO THE ANNUAL WATERLINE REHABILITATION CONTRACT AWARDED TO SKE CONSTRUCTION LLC, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($120,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance approving a construction contract between the Baytown Area Water Authority and LEM Construction Company, Inc., for the Baytown Area Water Authority's Fritz Lanham Water Treatment Plant Filter Air Scour Improvements Project. ORDINANCE NO. 14,998 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING A CONSTRUCTION CONTRACT BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND LEM CONSTRUCTION CO., INC., FOR THE FRITZ LANHAM WATER TREATMENT PLANT FILTER AIR SCOUR IMPROVEMENTS PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance approving payment to the Texas Commission of Environmental Quality for the City of Baytown's annual water system fee. ORDINANCE NO. 141999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING 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. d. 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. 15,000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH THE LINCOLN NATIONAL LIFE INSURANCE COMPANY AS THE CARRIER/ADMINISTRATOR FOR THE CITY OF BAYTOWN'S LONG-TERM DISABILITY BENEFITS; City Council Regular Meeting Minutes January 13, 2022 Page 13of19 AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINETY-FIVE THOUSAND AND NO/100 DOLLARS ($195,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance amending Ordinance No. 14,370 to prescribe the number of positions in the classification "Service Group - Police." ORDINANCE NO. 151001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 14,370 PRESCRIBING THE NUMBER OF POSITIONS IN THE CLASSIFICATION "SERVICE GROUP — POLICE" TO UPDATE THE NUMBER OF POSITIONS IN EACH CLASSIFICATION; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing payment to CivicPlus LLC for the annual service fees for the Parks and Recreation Department's software system. ORDINANCE NO. 15,002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-ONE THOUSAND ONE HUNDRED EIGHTY-SEVEN AND 50/100 DOLLARS ($51,187.50) TO CIVICPLUS LLC FOR CIVICREC ANNUAL SOFTWARE LICENSING AND APPROVED PAYMENT GATEWAY ANNUAL FEE FOR THE PARKS AND RECREATION DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance awarding the Annual Portable Toilet Rental and Service to Smooth Move Services, LLC. ORDINANCE NO. 15,003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SMOOTH MOVE SERVICES LLC, FOR THE ANNUAL PORTABLE TOILET RENTAL AND SERVICE CONTRACT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY-FIVE THOUSAND THREE HUNDRED NINETY-FOUR AND NO 100 DOLLARS ($75,394.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. City Council Regular Meeting Minutes January 13, 2022 Page 14 of 19 h. Consider an ordinance approving an amendment of the Baytown Crime Control and Prevention District FY2021-2022 budget to reprogram funds for the purchase of seventeen (17) B.E Meyers MAWL-DA (Modular Advanced Weapon Laser — Direct Action) IR/visible laser systems for the Baytown Police SWAT team from Down Range Thermal. ORDINANCE NO. 15,004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AN AMENDMENT TO THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT'S FISCAL YEAR 2021-22 BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance approving an amendment of the Baytown Crime Control and Prevention District FY2021-2022 budget to reprogram funds for the sole source purchase of eighteen (18) license plate recognition cameras (LPR) and installation from Flock Group Inc., d/b/a Flock Safety. ORDINANCE NO. 151005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AN AMENDMENT TO THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT'S FISCAL YEAR 2021-22 BUDGET; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance authorizing the purchase of License Plate Reader (LPR) cameras, software, and installation for the Houston HIDTA program utilizing the General Service Administration Multiple Award Schedule (GSA MAS) Co-op Purchasing Program from Selex ES, Inc. ORDINANCE NO. 15,006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED SEVENTY- SIX THOUSAND SIX HUNDRED THIRTY-NINE AND 501100 DOLLARS ($176,639.50) TO SELEX ES, INC., FOR THE PURCHASE OF LICENSE PLATE READER CAMERAS, SOFTWARE AN INSTALLATION FOR THE HOUSTON HIGH INTENSITY DRUG TASK FORCE THROUGH CONTRACT NUMBER GS-071 F-0004Y OF THE UNITED STATES GENERAL SERVICES ADMINISTRATION MULTIPLE AWARD SCHEDULE COOPERATIVE PURCHASING PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance authorizing the purchase of Automatic License Plate Reader software, equipment, and installation services for the Houston HIDTA program using the General Service Administration Multiple Award Schedule (GSA MAS) Co -Op Purchasing Program from Selex ES, Inc. City Council Regular Meeting Minutes January 13, 2022 Page 15 of 19 ORDINANCE NO. 15,007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY-EIGHT THOUSAND FOUR HUNDRED EIGHTEEN AND 07/100 DOLLARS ($68,418.07) TO SELEX ES, INC., FOR THE PURCHASE OF AUTOMATIC LICENSE PLATE READER SOFTWARE, EQUIPMENT, AND INSTALLATION SERVICES FOR THE HOUSTON HIGH INTENSITY DRUG TASK FORCE, THROUGH CONTRACT GS-07F-0004Y OF THE UNITED STATES GENERAL SERVICE ADMINISTRATION MULTIPLE AWARD SCHEDULE COOPERATIVE PURCHASING PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 1. Consider an ordinance authorizing the purchase of Automatic License Plate Reader (ALPR) camera installation, software, and equipment for the Houston HIDTA program using the General Service Administration Multiple Award Schedule (GSA MAS) Cooperative Purchasing Program from Selex ES, Inc. ORDINANCE NO. 151008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY THOUSAND AND NO/100 DOLLARS ($120,000.00) TO SELEX ES INC., FOR THE PURCHASE OF AUTOMATIC LICENSE PLATE READER CAMERA INSTALLATION, SOFTWARE AND EQUIPMENT FOR THE HOUSTON HIGH INTENSITY DRUG TASK FORCE, THROUGH CONTRACT GS-07F- 0004Y OF THE UNITED STATES GENERAL SERVICE ADMINISTRATION MULTIPLE AWARD SCHEDULE COOPERATIVE PURCHASING PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. M. Consider an ordinance authorizing an interlocal agreement with the Baytown Area Water Authority regarding the operation and maintenance of water treatment facilities. ORDINANCE NO. 15,009 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 THE BAYTOWN AREA WATER AUTHORITY REGARDING THE OPERATION AND MAINTENANCE OF WATER TREATMENT FACILITIES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. n. Consider an ordinance authorizing an Interlocal Agreement for Emergency Services with Harris County Emergency Services District No. 75. City Council Regular Meeting Minutes January 13, 2022 Page 16 of 19 ORDINANCE NO. 155010 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 FOR EMERGENCY SERVICES WITH HARRIS COUNTY EMERGENCY SERVICES DISTRICT NO. 75; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Consider five (5) appointments to the Planning and Zoning Commission. Mayor Capetillo noted Mr. David Isaac had signed to speak regarding item 7.a., however, he was not present, so the Mayor proceeded to request City Clerk Angela Jackson to state the names of the appointed individuals, noting he was withholding his own appointment. Ms. Jackson listed the five considered reappointments as: Ms. Helen Berrott-Tuns for the City Manager's position; Mr. Jeffrey Walters for the Mayor's; Mr. Agustin Loredo for District 1; Ms. Tracey Wheeler for District 3; and Mr. Frederick Harlow for District 5. A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tern Chris Presley to approve the five (5) reappointments to the Planning and Zoning Commission as stated, with exception of Mayor Brandon Capetillo's appointment. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved b. Consider four (4) appointments to the Community Development Advisory Committee. City Clerk Angela Jackson presented the item by listing the three individuals being considered for reappointment: Mr. Antonio Hinojosa for District 1; Mr. Roberto Diaz for District 2; and Mr. Preet Singh for District 3. Ms. Jackson also noted they had received an application for a current vacancy on the committee and stated the new appointment of Mr. Vincent Norman for the District 5 position. A motion was made by Council Member Jacob Powell and seconded by Council Member Charles Johnson to approve the four (4) appointments to the Community Development Advisory Committee, as stated. The vote for the motion on the table was as follows: City Council Regular Meeting Minutes January 13, 2022 Page 17 of 19 Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved C. Consider the confirmation of the City Manager's appointment of the Parks and Recreation Director. City Manager Rick Davis presented his appointment of Mr. Clifford Hatch as the new Parks and Recreation Director. A motion was made by Council Member Laura Alvarado and seconded by Council Member Charles Johnson to confirm Mr. Clifford Hatch as the City Manager's appointment of the Parks and Recreation Director. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tern Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved After the vote, Mr. Davis gave a quick comment that he received a hundred names of senior citizens who signed a declaration in favor of Mr. Hatch to be appointed as director. 8. MANAGER'S REPORT City Manager Rick Davis gave kudos to Purchasing Manager Carla Hommel who recently completed the credentialing to become a certified professional public buyer. He noted she was one of four credentialed professionals in the State of Texas. During the Christmas season, the City had an Angel Tree that was placed in City Hall to benefit families of low and moderate means. Mr. Davis wanted to compliment Francesca Linder, Adriana Montalvo, and Sharon Rose for spearheading this effort. Council Member Lester also commented his kudos as he relayed his positive experience seeing all the gifts under the Angel Tree. 9. EXECUTIVE SESSION a. Recess into and conduct an executive session pursuant to Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive City Council Regular Meeting Minutes January 13, 2022 Page 18 of 19 to San Jacinto Retail Associates, LLC, and to seek the advice of the City's attorneys on legal matters related thereto. b. Recess into and conduct an executive session pursuant to Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the Municipal Court Judge. At 7:44 p.m., Mayor Capetillo recessed and convened in to an executive session pursuant to: 1) Sections 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a financial or other incentive to San Jacinto Retail Associates, LLC, and to seek the advice of the City's attorneys on legal matters related thereto; and 2) Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the Municipal Court Judge. At 9:24 p.m., Mayor Capetillo reconvened the open meeting and announced that in accordance with the 551.102 of the Texas Government Code, no action was taken in the Executive Sessions. 10. MOTIONS a. Discuss and take appropriate action regarding the Municipal Court Judge's annual performance evaluation. Mayor Pro Tern Presley stated they were pleased with Judge Julie Escalante, and so they would like to award a 6% salary increase for the upcoming year. Mayor Capetillo also commented that Ms. Escalante continued to run an efficient and fair court. He wished her continued success and applauded her performance. A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member Charles Johnson to approve a 6% pay rate increase on Judge Julie Escalante's yearly salary. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved City Council Regular Meeting Minutes January 13, 2022 Page 19 of 19 b. Consider the appointment of Julie K. Escalante as the Municipal Court Judge for the term commencing on February 1, 2022, and ending on January 31, 2024. A motion was made by Council Member Jacob Powell and seconded by Council Member Laura Alvarado to approve the reappointment of Julie K. Escalante as the Municipal Court Judge for the term commencing on February 1, 2022, and ending on January 31, 2024. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Laura Alvarado, Mayor Pro Tem Chris Presley, Council Member Charles Johnson, Council Member Heather Betancourth, Council Member Jacob Powell, and Council Member Mike Lester Nays: None Approved Before adjourning, City Manager Rick Davis noted he forgot to acknowledge it was Battalion Chief Richard Lopez's retirement and wanted to thank him for over 30 years of service. 11. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the January 13, 2022, City Council Regular Meeting at 9:26 P.M. Angela JacUon, City of Baytown