Oct 12, 2023 CITY COUNCIL MEETING

ANY QUESTIONS, COMMENTS, OR ABSTENTIONS? IF NOT ALL THOSE IN FAVOR OF ONE A AS WRITTEN, PLEASE SAY AYE.

BUT WE DO HAVE ONE INDIVIDUAL THAT HAS SIGNED UP TO SPEAK.

THOSE OPPOSED ITEM.

CARRIE, WE HAVE CITIZEN COMMENT,

[2. CITIZEN COMMENT Notice is hereby given that in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, prohibits the City Council from discussing, deliberating, or considering, subjects for which public notice has not been given on the agenda. Issues that cannot be referred to the administration for action may be placed on the agenda of a future City Council Session.]

THE PURPOSE OF CITIZEN COMMENT IS TO GIVE ALL INTERESTED CITIZENS THE RIGHT TO EXPRESS THEIR VIEWS.

EVERYONE DESIRE TO SPEAK SHOULD HAVE EITHER SIGNED THE APPROPRIATE LIST IN THE FOYER OR EMAILED THE CITY CLERK PRIOR TO THE POSTED TIME OF THIS MEETING.

EACH CITIZEN SHALL GIVE HIS HER NAME AND ADDRESS IN ORDER TO PROVIDE A PROPER RECORD OF THESE COMMENTS.

THE RULES ALLOW EACH PERSON ONE MINUTE TO SPEAK.

A CITIZEN MAY PASS HIS OR HER TIME TO ANOTHER PERSON WHO HAS REQUESTED TO ADDRESS COUNCIL.

HOWEVER, NO CITIZEN REMARKS SHALL EXCEED THREE MINUTES IN TOTAL.

EITHER THE ONE MINUTE OR THE THREE MINUTE LIMIT MAY BE EXTENDED BY A MAJORITY VOTE OF THE COUNCIL.

I ENCOURAGE EVERYONE TO BE AS BRIEF AND TO THE POINT AS POSSIBLE.

PLEASE KEEP IN MIND THE CITY COUNCIL CANNOT DISCUSS OR DELIBERATE ON ITEMS OR WHICH A PUBLIC NOTICE HAS NOT BEEN GIVEN ON THIS AGENDA.

WE HAVE ONE INDIVIDUAL, UM, THAT HAS NOT TO SPEAK.

MR. ISAAC, MR. MAYOR AND COUNSEL, GOOD AFTERNOON.

THANK YOU FOR HAVING ME.

DAVID ISAAC, 28 12 LANDMARK DRIVE.

I'M HOPING THAT THE REPLACEMENT OF DISTRICT FOUR'S COUNCILWOMAN HEATHER BETTEN COURT IS SOMEONE THAT CAN ANSWER THE PUBLIC AND BE AVAILABLE, LIKE TERRYS SAID, UH, THAT HOW IMPORTANT IT'S TO BE AVAILABLE TO YOUR CONSTITUENTS AND NOT THREATEN THEM WITH LEGAL MATTERS.

ONLY LEGAL MATTERS, MR. MAYOR THAT I KNOW OF REGARDING MR. JAMES FRANCO, WHO'S RUNNING FOR THAT SEAT, HAS TO DO WITH HIS HOMELESS HOMEOWNERS ASSOCIATION AND THAT LAW, THAT SUIT THAT LEGAL MATTER.

IT HAS TO DO WITH WHETHER OR NOT HE'S PAID HIS TAXES ON TIME, HIS BUSINESS TAXES ON TIME.

MR. MAYOR, THAT'S A LEGAL MATTER THAT HAS NOTHING TO DO WITH ME, MR. MAYOR.

AND I THINK THAT THE NEXT PERSON THAT SERVES IN THIS SEAT SHOULD BE HONORABLE AND SHOULD HAVE HONORABLE PEOPLE RUN THEIR CAMPAIGN AND NOT TRY TO THREATEN OR SILENCE OR QUIET SOMEONE WHO WANTS TO KNOW THE TRUTH ABOUT THE CANDIDATE.

AND SO, MR. MAYOR, I'M ASKING YOU TODAY TO HOPE AND PRAY TOGETHER AS A COUNCIL THAT WE HAVE A PRODUCTIVE PERSON TO, UH, UH, FULFILL THIS SEAT BECAUSE WE DON'T HAVE A LOT OF TIME TO PLAY AROUND WITH DIRTY TRICKSTERS PLAYING ON THESE CAMPAIGN TEAMS, MR. MAYOR.

SO WE'RE TIRED OF IT.

THE PEOPLE WANNA MOVE PAST IT.

WE NEED PEOPLE TO ANSWER QUESTIONS AND NOT, UH, SAY THEY'RE INVOLVED WITH LEGAL MATTERS WHEN THEY ACTUALLY ARE.

THANK YOU, MR. MAYOR.

THANKS SIR.

ALRIGHT.

I BELIEVE THAT'S EVERYONE WHO HAS SIGNED UP TO SPEAK ON CITIZEN COMMENT.

NEXT, WE HAVE ITEM

[a. Present a proclamation designating October as National Community Planning Month in Baytown.]

THREE A PRESENT A PROCLAMATION DESIGNATE DESIGNATING OCTOBER AS NATIONAL COMMUNITY PLANNING MONTH IN BAYTOWN.

SO I'M ASSUMING THERE IS SOMETHING DOWN THERE.

LOOK, BEFORE I READ THE PROCLAMATION, UH, JUST TUESDAY, I GAVE OUR, OUR SAVE THE CITY ADDRESS FOR THE CITY OF BAYTOWN.

AND CERTAINLY A LOT OF MY COMMENTS CENTERED AROUND GROWTH AND CERTAINLY, UH, HOME, I GUESS YOU'D SAY, UH, RESIDENTIAL HOME GROWTH, COMMERCIAL HOME, UH, COMMERCIAL GROWTH IN OUR CITY, UH, BOTH IN, IN BAYTOWN PROPER AND CERTAINLY IN THE ETJ.

AND SO A LOT OF THAT TYPE OF WORK IS ALL COMING THROUGH Y'ALL Y'ALL'S DEPARTMENT.

AND SO, UH, IT'S A LOT, IT'S A LOT TO

[00:05:01]

TAKE IN.

UH, WE ARE FORTUNATE AND BLESSED TO, TO BE A GROWING CITY.

UH, BUT THAT HAS COME UP WITH CHALLENGES AND CERTAINLY ARE KIND OF PRETTY MUCH, UH, THE INDIVIDUAL, THE INDIVIDUALS, AND THE DEPARTMENT THAT GOES AND ADDRESS THAT TYPE OF GROWTH.

SO WE DO APPLAUD YOU FOR A PRETTY MUCH, ALMOST A UPHILL BATTLE WITH, WITH WHAT COMES THROUGH YOUR OFFICE.

SO I JUST WANNA THANK YOU PERSONALLY FOR THAT.

SO WE DO HAVE A PROCLAMATION OF CITY OF BAYTOWN NATIONAL COMMUNITY PLANNING MONTH 2023.

WHEREAS CHANGE IS CONSTANT AND AFFECTS ALL CITIZENS, TOWNS, SUBURBS, COUNTIES, BOROUGHS, TOWNSHIPS, AND RURAL AREAS AND OTHER PLACES.

COMMUNITY PLANNING CAN HELP MANAGE THIS CHANGE IN A WAY THAT PROVIDES BETTER CHOICES FOR HOW PEOPLE WORK AND LIVE.

COMMUNITY PLANNING PROVIDES AN OPPORTUNITY FOR ALL RESIDENTS TO BE MEANINGFUL, MEANINGFULLY INVOLVED IN MAKING CHOICES THAT DETERMINE THE FUTURE OF THEIR COMMUNITY.

THE FULL BENEFITS OF PLANNING REQUIRES PUBLIC OFFICIALS AND CITIZENS WHO UNDERSTAND SUPPORT AND DEMAND EXCELLENCE IN PLANNING AND PLAN IMPLEMENTATION.

THE MONTH OF OCTOBER IS DESIGNATED AS NATIONAL COMMUNITY PLANNING MONTH THROUGHOUT THE UNITED STATES OF AMERICA AND ITS TERRITORIES.

NATIONAL COMMUNITY PLANNING MONTH PROVIDES THE CITY WITH AN OPPORTUNITY TO HIGHLIGHT THE CONTRIBUTIONS OF SOUND PLANNING AND PLAN IMPLEMENTATION AND TO PUBLICLY RECOGNIZE THE PARTICIPATION AND DEDICATION OF THE PLANNING AND ZONING COMMISSION BOARD OF ADJUSTMENTS, AS WELL AS OTHER CITIZEN PLANNERS WHO HAVE CONTRIBUTED THEIR TIME AND EXPERTISE TO THE IMPROVEMENT OF THE CITY OF BAYTOWN.

SO NOW, NOW, THEREFORE, I, BRANDON CAPRIO AS MAYOR OF THE CITY OF BAYTOWN, TEXAS DUE, HEREBY PROCLAIM OCTOBER, 2023 NATIONAL COMMUNITY PLANNING MONTH IN BAYTOWN AND ENCOURAGE OUR CITIZENS TO BE INVOLVED IN THE COMMUNITY.

UH, IT'S PLANNING AND RECOGNIZE THE IMMEASURABLE CONTRIBUTIONS PLANNERS HAVE, UH, THAT HAVE MADE OUR COMMUNITY GREAT.

SO THANK YOU A LITTLE BIT EVEN IT OUT.

THERE WE GO.

THAT'S, HANG ON.

YEAH, I WAS LIKE, I CAN'T SEE THAT.

[a. Conduct the second public hearing regarding the proposed annexation of approximately 0.97 acres of land located on the northerly right-of-way line of interstate Highway 10 and the easterly right-of-way line of F.M. 2100, also known as Main Street (also referred to as Crosby-Lynchburg Road).]

NEXT ITEM IS ITEM FOUR A.

IT'S GONNA BE TO CONDUCT A, A SECOND PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION OF APPROXIMATELY, UH, 0.97 ACRES OF LAND LOCATED ON THE NORTHERLY RIGHT OF WAY, LINE OF INTERSTATE HIGHWAY 10, AND THE EAST EASTERLY RIGHT OF WAY, LINE OF FM 2100, ALSO KNOWN AS MAIN STREET, ALSO REFERRED TO AS CROSBY, LYNCHBURG ROAD.

I BELIEVE I HAVE A SCRIPT HERE.

SO IT'S NOW 6:39 PM AND I CALL TO ORDER THIS PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION OF THE PROPERTY I JUST DESCRIBED.

I'D LIKE STAFF TO SUMMARIZE THE SUBJECT MATTER OF THIS PUBLIC HEARING.

THANK YOU, MAYOR AND COUNCIL.

UM, FOR THE RECORD, MARTIN SCRIBNER PLANNING AND DEVELOPMENT SERVICES.

SO, UM, AS IT IS COMMUNITY PLANNING MONTH, UH, WE TOOK UP A BIG CHUNK OF YOUR AGENDA TONIGHT.

SO, UH, WE'LL START RIGHT OUT OF THE GATE.

UM, THIS OF COURSE, IS THE SECOND PUBLIC HEARING REGARDING, UH, APPROXIMATELY ONE ACRE OF LAND, UH, AT HIGHWAY 10 AND, UM, 20 FM 2100.

UM, WE'VE SEEN THIS ONE BEFORE.

NOTHING HAS CHANGED AT THIS POINT AND REMIND YOU THAT THE APPLICANT DOES HAVE 27 ACRES AROUND IT THAT IS ZONED AND ANNEXED.

SO AS THE SECOND PUBLIC HEARING HAPPENS, YOU ALSO HAVE THE FIRST READING TONIGHT IS YOUR NEXT ITEM.

UM, THAT READING DOES NEED TO BE, UM, VOTED ON BY THE COUNCIL TO, TO MOVE IT FORWARD.

AND THEN AS WE DO THE SECOND READING AT YOUR NEXT MEETING, WE'LL ALSO HAVE THE REZONE REQUEST, UH, TO HEAR AT THAT TIME.

SO, UM, WITH THAT, UH, LIKE I SAID, NOTHING'S CHANGED IN THE, UH, APPLICATION.

SO I'M HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

THE FIRST READING OF, OF AN ORDINANCE, OF THE PROPOSED ANNEXATION OF APPROXIMATELY 0.97 ACRES OF THE LAND I JUST DESCRIBED.

BEING THAT THIS IS A PUBLIC HEARING, MR. CLERK, IS THERE ANYONE THAT HAS, UH, SIGNED UP TO SPEAK? IF NOT, THERE BEING NO ONE THAT HAS SIGNED UP TO SPEAK, I NOW CLOSE THIS PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION OF THE PROPERTY I JUST DESCRIBED.

WE'LL MOVE ON TO OUR NEXT ITEM, UH, WILL BE, BLESS YOU, CONSIDERED

[b. Consider the first reading of an ordinance for the proposed annexation of approximately 0.97 acres of land located on the northerly right-of-way line of interstate Highway 10 and the easterly right-of-way line of F.M. 2100, also known as Main Street (also referred to as Crosby-Lynchburg Road).]

UM, SO THIS WOULD BE CONSIDERED THE FIRST READING FOR THIS.

UM, OUR ACTION WILL BE JUST TO, TO APPROVE IT ITSELF.

ANY COMMENT, MR. SCRIBNER? I HAVE NOTHING ELSE TO SAY AND I'LL ENTERTAIN A MOTION FOR ITEM FOUR B.

MR. GRIFFITH, SIR, THIS WILL BE IN YOUR DISTRICT.

THAT'S WHY I MENTIONED YOU.

I HAVE NO COMMENTS AT THIS TIME.

I'VE, UM, I KNOW THIS FOR A QT GAS STATION AND, UH, UH, I THINK THAT'D BE, UH, A GOOD

[00:10:01]

ADDITION TO AMENITY.

SO THAT'S ALL.

SO, SO DO I HAVE TO MAKE A MOTION? CAN I GET A YES, SIR.

GREAT.

I MOVE TO APPROVE.

HAVE A MOTION TO SECOND.

ANY QUESTIONS OR COMMENTS? I MAY HAVE TO HAVE A COMMENT, SIR.

WE TALKED ABOUT THIS BEFORE, AND I HAVE A SIMILAR SITE IN FAR NORTH TEXAS THAT I DRIVE BY A QUITE REGULAR.

IT'S BEEN THERE ABOUT THREE OR FOUR YEARS.

THEY MAINTAIN IT VERY WELL.

IT'S CLEAN.

IT'S, IT'S, IT'S, IT'S A NICE FACILITY.

SO I CAN SEE THAT BEING AN ENHANCEMENT TO THAT CORNER, ESPECIALLY WITH THE EXPANSION OF I 10 AND THE BRIDGE.

UH, I THINK IT'D BE A GOOD RESOURCE FOR OUR CITY.

THANK YOU FOR THE COMMENTS.

A IS TO ONCE AGAIN COLLECT, UH, CONDUCT A PUBLIC HEARING.

ALL RIGHT.

SO WE DO HAVE A MOTION ON TABLE FOR ITEM FOUR B IS TO CONSIDER, UH, THIS ORDINANCE, UH, FOR THIS PARTICULAR ANNEXATION.

ALL THOSE IN FAVOR.

ITEM FOUR B IS PRESENTED.

NEXT WE HAVE ITEM FIVE

[a. Conduct a public hearing regarding a text amendment to Appendix A - Unified Land Development Code (ULDC) to (1) amend Section 2.09, Table 2-2, Non-Residential Uses, to remove "Warehouse and freight movement" as a permitted use in the General Commercial (GC) Zoning District as well as add a footnote of proposed conditions for the expansion of an existing warehouse use in the GC zoning district; (2) to remove Section 2.10.A.40, Land Use Conditions, Warehouse and freight movement; (3) to amend Section 1.26(e)(4)(a)(x), removing warehouse in GC from the list of industrial uses requiring a Special Use Permit (SUP), replacing with the expansion of an existing or vested warehouse in GC, and (4) to amend Section 1.27(b)(2)(a) to allow for the expansion of an existing nonconforming use with a Special Use Permit.]

SO WE'RE GONNA CONDUCT A PUBLIC HEARING REGARDING A TEXT AMENDMENT TO THE APPENDIX, A UNIFIED LAND DEVELOPMENT CODE ELDC TO ONE OF ONE AMEND SECTION 2.09, TABLE TWO DASH TWO NON RESIDENTIAL USES TO REMOVE WAREHOUSE AND FREIGHT MOVEMENT AS A PERMITTED USE IN THE GENERAL COMMERCIAL ZONING DISTRICT, AS WELL AS AT A FOOTNOTE OF PROPOSED CONDITIONS FOR THE EXPANSION OF AN EXISTING WAREHOUSE USE IN NGC ZONING DISTRICT.

ALSO TO REMOVE SECTION TWO POINT 10, POINT A POINT 40 LAND USE CONDITIONS, WAREHOUSE AND FREIGHT MOVEMENT.

AND THREE TO A AMEND SECTION 1.2, EXCUSE ME, ONE POINT 26, E FOUR AX REMOVING WAREHOUSE NGC FROM THE LIST OF INDUSTRIAL USES REQUIRING A SPECIAL USE PERMIT AND REPLACING, UH, WITH THE EXPANSION OF AN EXISTING OR VESTED WAREHOUSE N GC.

AND FOUR IS TO AMEND SECTION ONE ONE POINT 27 B TWO A TO ALLOW FOR THE EXPANSION OF AN EXISTING NONCONFORMING USE WITH A SPECIAL USE PERMIT.

SO THIS IS A PUBLIC HEARING, I WOULD ASK STAFF TO, UM, SUMMARIZE THE SEPARATE MATTER OF THIS PUBLIC HEARING.

TO CONSIDER ORDINANCE, UH, ONCE AGAIN, OH, THIS IS GONNA BE CONSIDERED AN ORDINANCE REGARDING A PROPOSED TAX AMENDMENT TO WHAT WE JUST HAD A PUBLIC HEARING ON THE, THE PARTICULAR PROPERTY.

UM, I KNOW THAT WAS A MOUTHFUL.

UM, AND THAT IS BASICALLY TO SAY THAT THIS ORDINANCE IS DOING TWO THINGS, UH, THAT WERE REQUESTED, UH, ABOUT A MONTH AND A HALF AGO, A MONTH AGO.

UM, WHEN WE WERE TALKING ABOUT WAREHOUSES, WE WERE TALKING ABOUT, UH, UH, ADDING A SPECIAL USE PERMIT REQUIREMENT TO WAREHOUSES IN THE GC ZONE.

SO I WANNA MAKE SURE THAT THAT'S CLEAR.

WE'RE JUST TALKING ABOUT THE GC ZONE WAREHOUSES ARE STILL ALLOWED IN, UH, INDUSTRIAL, UH, DISTRICTS.

SO ESSENTIALLY WHAT THIS TEXT AMENDMENT DOES IS TWO THINGS.

IT REMOVES WAREHOUSES AS ANY KIND OF PERMITTED USE IN GENERAL COMMERCIAL.

SO THOSE WILL NO LONGER BE ALLOWED AT ALL UNLESS THEY'RE ALREADY IN THE HOPPER.

IF THEY'RE ALREADY, UH, VESTED AND THEY'RE MOVING FORWARD IN THE PROCESS, THEY WILL BE, UH, THEY WILL BE ALLOWED TO CONTINUE IN THAT PROCESS.

UM, I AM NOT SURE OFF THE TOP OF MY HEAD IF WE HAVE ANY OF THOSE.

I ASSUME SOMEBODY WILL ASK THAT QUESTION.

UM, I DO KNOW WE HAVE ONE THAT'S ONBOARD.

WE HAVE A WAREHOUSE, BUT IT'S UNDER A DIFFERENT ZONE.

SO THERE'S NOT, UH, THIS DOESN'T APPLY TO THAT.

THE OTHER THING THAT THIS TEXT AMENDMENT DOES DO IS TO ALLOW FOR THE ONES THAT ARE ALREADY THERE IN GC, IF FOR SOME REASON THEY WANT TO EXPAND IN THE FUTURE, THEY WILL BE ALLOWED TO DO SO ONLY BY COMING THROUGH PLANNING AND ZONING COMMISSION AND CITY COUNCIL TO APPROVE A SPECIAL USE PERMIT, WHETHER THEY HAD ONE BEFORE OR NOT.

SO, UH, THAT DOES ALLOW FOR SOME, UM, SOME, UM, CONSIDERATION OF THOSE EXISTING USES AND NOT CUTTING THEM OUT COMPLETELY.

UM, BUT OTHERWISE, NO NEW WAREHOUSES IN GC AFTER THIS HAS PASSED.

UM, UM, HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

DO WE HAVE ANY QUESTIONS FOR STAFF FROM THIS PUBLIC HEARING? DO WE HAVE ANYBODY THAT SIGNED UP FOR ITEM SIX? EXCUSE ME.

FIVE A? YES.

ALRIGHT, SO WITH THAT BEING THAT NO ONE HAS SIGNED UP TO SPEAK, I WOULD NOW CLOSE THIS PUBLIC HEARING REGARDING, UH, THE PROPERTY THAT WAS JUST MENTIONED AND THE CHANGES.

SO WE'LL MOVE ON TO ITEM, UH, FIVE B IS

[b. Consider an ordinance regarding a proposed text amendment to Appendix A - Unified Land Development Code (ULDC) to (1) amend Section 1.26 to add Subsection (e)(4)(x) to remove warehouse in GC from the list of industrial uses requiring a Special Use Permit (SUP), replacing with the expansion of an existing or vested warehouse in GC, (2) amend Section 1.27(b)(2)(a) to allow for the expansion of an existing nonconforming use with a Special Use Permit, (3) amend Section 2.09, Table 2-2, Non-Residential Uses, to remove "Warehouse and freight movement" as a permitted use in the General Commercial (GC) Zoning District and add a footnote of proposed conditions for the expansion of an existing warehouse use in the GC zoning district; and (4) amend Section 2.10 to remove column A.40, Land Use Conditions, Warehouse and freight movement.]

UH, SO I'LL ENTERTAIN A MOTION FOR APPROVAL OF ITEM FIVE B, MOVE APPROVE FIVE B, SECOND MOTION.

ANY QUESTIONS OR COMMENTS? IF NOT, ALL THOSE IN FAVOR.

FIVE B IS PRESENTED, PLEASE SAY AYE.

ITEM SIX A TO CONDUCT A PUBLIC HEARING.

ALL THOSE OPPOSED? THANK YOU.

ITEM CARRIES.

MOVE ON TO

[a. Conduct a public hearing for a Special Use Permit (SUP) for approximately 2.1 acres located at approximately 5141 Garth Road, more specifically north of West Cedar Bayou Lynchburg Road and west of Garth Road, and being more particularly described as Lot 2B, Garth Road Holdings Replat, to allow for a Battery Energy Storage System (BESS) within a General Commercial (GC) Zoning District.]

I KNOW IT IS PLANNING MONTH, BUT THAT DOESN'T MEAN YOU HAVE TO , BASICALLY MONOPOLIZE THE AGENDA, BUT WE WILL HAVE ANOTHER PUBLIC HEARING IS TO CONDUCT A PUBLIC HEARING FOR A SPECIAL USE PERMIT FOR APPROXIMATELY 2.1 ACRES, LOCATED AT APPROXIMATELY 51 41 GARTH ROAD, MORE SPECIFICALLY NORTH OF WEST CEDAR BY LYNCHBURG ROAD AND WEST OF GARTH ROAD, AND BEING MORE PARTICULARLY DESCRIBED AS LOT TWO B GARTH ROAD HOLDINGS REPL TO

[00:15:01]

ALLOW FOR A BATTERY ENERGY SOURCE SYSTEM.

ALSO, I GUESS THERE'S, UH, AN ACRONYM OF BEST WITH A GENERAL COMMERCIAL ZONING DISTRICT.

IT IS NOW SIX FORTY SIX.

I NOW CALL TO ORDER THIS PUBLIC HEARING FOR THE PROPERTY I JUST MENTIONED.

I'LL NOW ASK STAFF TO SUMMARIZE THE SUBJECT OF THIS PUBLIC HEARING.

THANK YOU MAYOR AND MEMBERS OF THE COUNCIL.

RYAN VELO, ASSISTANT DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES, UH, BEFORE YOU THIS EVENING, IS A REQUESTED, UH, SPECIAL USE PERMIT, UM, FOR, UH, PROPERTY OF ABOUT TWO ACRES, UH, ON GARTH ROAD, UH, NORTH AND WEST OF, UH, GARTH ROAD AND CEDAR BAYOU LYNCHBURG ROAD.

UM, THIS IS A PROPERTY THAT IS, UH, ZONE GC ALL OF THE PROPERTY AROUND IS ALSO ZONE GC GENERAL COMMERCIAL.

UM, OUR FUTURE LAND USE MAP DOES CALL IT OUT TO BE LARGE SCALE COMMERCIAL.

UM, AND THE REASON WHY THEY NEEDED TO GET A SPECIAL USE PERMIT IS THERE IS A PART OF OUR ORDINANCE THAT STATES THAT, UH, INDUSTRIAL AND, UH, AND MANUFACTURING TYPE USES.

UM, THE DIRECTOR DOES HAVE THE, UM, ABILITY TO REQUEST A SPECIAL USE PERMIT FOR THEM.

UM, THIS IS A USE THAT, UM, IS BRAND NEW, UM, TO THE CITY OF BAYTOWN.

IT'S NOT SO MUCH BRAND NEW TO OUR AREA AROUND US, UM, BUT THIS WOULD BE THE FIRST ONE WITHIN THE CITY.

AND SO, UM, WE DID, UM, DECIDE, UH, TO, UH, YOU KNOW, MAKE SURE THAT WE BRING THIS FORWARD SO THE PUBLIC HAS AN ABILITY TO, UH, UH, KNOW WHAT'S GOING ON HERE.

UM, SO WHAT THIS IS IS A, UM, A BATTERY, BATTERY ENERGY STORAGE, UH, SYSTEM, UH, SITE.

UM, IT IS LOCATED AGAIN, UM, IT WOULD BE JUST TO THE, UH, WEST OF THE CAR WASH THAT IS THERE ON, UH, GARTH ROAD.

UM, THE SITE ITSELF, AS I MENTIONED, IS ABOUT A 2.1 ACRE SITE.

UH, THE YELLOW AREA THAT YOU SEE ON THE SCREEN IS ACTUALLY WHERE THEY WOULD BE CONSTRUCTING THIS.

IT'S ABOUT 15,000 SQUARE FEET.

UM, WHAT THEY'RE PROPOSING IS, UH, HERE, UM, FOUR, UH, CONTAINERS THAT WOULD, UH, CONTAIN BATTERIES.

AND THEN YOU SEE ON THE NORTH SIDE OF THE PROPERTY ARE SOME TRANSFORMERS.

UH, THOSE TRANSFORMERS ACTUALLY, UM, I'M GONNA GO BACK HERE.

UM, IF YOU SEE THE TOP, UM, IT WOULD BE THE TOP LEFT OF THE SCREEN.

YOU DO SEE A CENTER POINT, UH, SUBSTATION.

UM, THOSE SUB, UM, THE TRANSFORMERS WILL FEED THE BATTERY ENERGY INTO, UH, THE SUBSTATION AND VICE VERSA.

AND SO, UM, STAFF DOES RECOMMEND APPROVAL OF THIS.

UM, AND, UH, THE APPLICANT IS HERE AS WELL IF YOU DO HAVE ANY QUESTIONS.

ALRIGHT, THANK YOU.

SO IS THERE ANY QUESTIONS FOR STAFF? IS THERE ANYONE THAT HAS SIGNED UP FROM THE PUBLIC TO SPEAK? I DO HAVE A QUICK QUESTION.

YES, MA'AM.

MAYOR? YES.

UH, SINCE THE PROPERTY OR THE PROJECT WILL BE UNMANNED ONCE IT'S COMPLETED, UM, WHAT KIND OF SAFETY MEASURES DOES THE COMPANY HAVE? SHOULD ANYTHING GO WRONG? YEP.

I WILL ALLOW THEM TO SPEAK, UH, TO THAT.

THEY, THEY DO HAVE A VERY, UM, INTENSIVE, UH, SAFETY PLAN, SO I'LL ALLOW THEM TO COME FORWARD.

THANK.

HEY.

HEY, GOOD EVENING.

UH, MY NAME IS SCOTT MASON, UM, AND I AM WITH, UH, REGIS ENERGY PARTNERS.

UM, I HAVE, UH, MY COLLEAGUE HERE, ROBERT CARVE TO, UM, TO ADDRESS A SPECIFIC QUESTION THAT HAS BEEN RAISED BEFORE.

UM, SO, UM, WE CAN, I, I'LL ADJUST YOUR SPECIFIC QUESTION, BUT I, I THOUGHT IT MIGHT BE HELPFUL FOR ME TO JUST TAKE JUST THREE MINUTES AND ANSWER THREE BRIEF, BRIEF QUESTIONS, WHO WE ARE, WHAT THE PROJECT IS ABOUT, AND, AND WHY STORAGE TO GIVE YOU ALL A LITTLE BIT OF A BETTER CONTEXT.

UM, AND YOU DO HAVE A, UH, A, A PRESENTATION IN FRONT OF YOU, WHICH HAS MORE DETAIL INFORMATION, BUT I'LL JUST TOUCH ON, ON A FEW OF THE HIGH POINTS.

SO FIRST OF ALL, WHO WE ARE REGIONAL ENERGY PARTNERS.

UM, WE ARE HEADQUARTERED AND, UH, ON THE, UH, THE WEST SIDE OF, UH, HOUSTON AND THE ENERGY QUARTER WE'RE LED BY TWO VETERANS OF THE EN, UH, ENERGY, UH, INDUSTRY.

UH, NATHAN BEDO AND DANIEL SIN, WHO HAS SPENT THEIR ENTIRE CAREERS IN ENERGY.

UM, HERE IN, IN HOUSTON.

UH, WE HAVE THE BACKING OF, OF A, UH, A LEADING INVESTMENT FIRM, ENSURING THAT WE WILL FINISH, UH, WHAT WE START.

SO THAT'S JUST VERY BRIEFLY ABOUT, ABOUT WHO WE ARE.

UM, NUMBER TWO, UM, VERY BRIEFLY ABOUT THE, UM, THE, THE PROJECT.

SO, UH, THIS IS A BATTERY STORAGE, UH, UH, PROJECT.

IT WILL SERVE AS A COMPANION FACILITY TO THE ADJACENT, UH, UM, CENTER POINT, UH, SUBSTATION.

AND IT IS, IT IS REALLY IMPORTANT THAT WE ARE ADJACENT TO THAT, THAT SUBSTATION.

THE PRODUCT IS DESIGNED TO DELIVER CRITICAL, UM, STABILITY SERVICES TO, UH, THE, THE POWER GRID.

WE ARE WORKING VERY CLOSELY WITH CENTERPOINT AND WITH ERCOT TO ENSURE OUR PROJECT IS DESIGNED CONSTRUCTION AND OPERATED ACCORDING TO THE VERY HIGHEST, UH, OF INDUSTRY STANDARDS.

UM, FINALLY ON THE PROJECT ITSELF, UM, WE HAVE DESIGNED THIS WITH THE LOCAL COMMUNITY IN MIND.

SO THIS IS OVER 500 FEET SET BACK, UH, FROM THE ROAD.

IT'LL BE, BE BEHIND OTHER RETAIL ESTABLISHMENTS.

IT WILL HAVE A PRIVACY FI FENCE AROUND IT, SO IT WILL BLEND IN WITH THE ENVIRONMENT AND WILL BE ONLY MINIMALLY, UM, UH, VISIBLE FROM, UH, FROM GRASS ROAD.

SO WE THINK THAT'S IMPORTANT.

AND WE, WE HAVE, WE'VE DESIGNED THAT, UM, WITH, WITH, WITH THAT IN MIND FOR, FOR THE, THE COMMUNITY.

IT WILL BE UNMANNED ONCE IT'S AN OPERATION.

[00:20:01]

SO IT WILL NOT CONTRIBUTE TO CONGESTION ALONG, ALONG THAT ROAD, WHICH I KNOW IS A, AN IMPORTANT ISSUE FOR, FOR THE, UM, COMMUNITY.

LET ME WRAP UP AND THEN I'LL, I'LL PASS IT TO, TO, TO, UH, ROBERT, JUST BRIEFLY, WHY, WHY ARE WE BUILDING ENERGY STORAGE? SO, AS ALL OF YOU KNOW, IN THIS ROOM, HAVING LIVED, LIVED THROUGH, UH, WINTER, UH, OR, UH, WINTER STORM YURI, UM, OUR POWER GRID IS UNDER INCREASING STRESS.

WE HAVE A RAPIDLY GROWING POPULATION.

UM, THIS IS A GREAT PLACE TO RAISE A FAMILY AND, AND RUN A BUSINESS.

AND BECAUSE OF THAT, UM, WE HAVE A, A, A, A TON OF, UH, LOAD GROWTH IN, UH, IN KOTT.

UM, SECOND OF ALL, WE HAVE AN AGING INFRASTRUCTURE.

AND FINALLY WE HAVE INCREASING RENEWABLE, UH, GENERATION.

ENERGY STORAGE IS ONE OF THE SOLUTIONS THAT WILL HELP STAND IN THE GAP AND, UM, DELIVER US STABILITY TO THE GRID.

JUST LIKE A GENERAC THAT MOST OF YOU MIGHT HAVE AT YOUR HOUSE.

UM, BATTERIES CAN, CAN RESPOND TO POWER EMERGENCIES INSTANTANEOUSLY.

WHEREAS, UH, A COAL OR GAS PLANT USUALLY HAS A LONG RAMP UP TIME IN ORDER TO, UH, PROVIDE THOSE SERVICES.

UM, FINALLY, UM, ENERGY STORAGE ACTS AS A SHOCK EX ABSORBER.

SO DURING TIMES OF OVERPRODUCTION WHEN THERE'S TOO MUCH POWER ON THE GRID, UH, UM, OUR FACILITY WILL TAKE THAT POWER OFF IN TIMES OF NEED.

WHEN THERE IS EXTREME, UM, NEED FOR POWER, OUR, OUR FACILITY WILL PUT THAT, UM, THAT POWER RIGHT BACK ON THE GRID, UH, TO HELP STABILIZE THE GRID.

UM, SO THAT'S, THAT'S VERY BRIEFLY ON, JUST TO GIVE YOU A SENSE FOR WHY ARE WE DOING THIS AND WHY ARE WE SO FOCUSED ON ENERGY STORAGE.

UM, AS I, I CONCLUDE, I DO WANT TO THANK THE STAFF FOR THE TIME THEY SPENT ON THIS, AS WELL AS, UM, THE PLANNING AND ZONING COMMISSION.

UM, WE DID HAVE ONE SPECIFIC QUESTION ABOUT FIRE SAFETY.

SO I'M GONNA TURN IT OVER TO MY, UM, MY COLLEAGUE ROBERT CARVE TO SPEAK, UH, SPECIFICALLY ON THAT.

GOOD EVENING EVERYONE, I APPRECIATE BE, UH, BEING HERE.

MY NAME'S ROBERT CARVE AND I'M, UH, SENIOR VICE PRESIDENT WITH CAC SPECIALTY IN MY, IN MY ROLE AT CAC SPECIALTY IS, I'M A RISK AND, AND, UH, UH, RISK ENGINEERING DIVISION.

UM, I'M A 49 YEAR FIREFIGHTER, STILL ACTIVE IN NORTHWEST HARRIS COUNTY.

AND SO, UM, THIS IS, THIS IS ONE OF THE PASSIONS THAT I TOOK ON FOUR YEARS AGO, WHENEVER BATTERY STORAGE FIRST STARTED COMING IN, I, I DID RISK ENGINEERING ON ALL, ALL, ALL WELL PROJECTS.

AND THEN I, UH, WAS CONCERNED ABOUT THIS, THIS PARTICULAR TOPIC.

UH, THE, TO ADDRESS YOUR SPECIFIC QUESTION IS THAT IT IS UNMANNED, BUT IT IS NOT, IT IS NOT UNMONITORED.

AND THERE'LL BE, YOU'LL NOTICE THAT THERE ARE FOUR CONTAINERS THAT, THAT, THAT IN THESE, UH, CON CONTAINERS ARE THE BATTERIES THEMSELVES AND THEY'RE IN RACKS.

AND EACH ONE OF THOSE RACKS CONTAIN ANYWHERE FROM 22 TO 24 INDIVIDUAL BATTERIES THAT HAVE BEEN TIED TOGETHER, MUCH LIKE A GOLF CART, SO THAT YOU HAVE FIVE, FIVE ROWS OF THOSE BATTERIES ON EACH SIDE.

THEY TIE INTO THE, TO THE, UH, TRANSFORMERS, WHICH DIDN'T TAKE DC TO AC, AND THEY PUT THAT INTO THE GRID.

MDC SO THAT IF THERE IS EVER A PROBLEM THERE, THEN THAT FIRE THAT THE, THE, WHEN THE CAPTAIN GETS IN HIS ENGINE AND HE HITS, HE HITS EN ROUTE, EVERYTHING WILL COME UP ON A SCREEN AND, AND, UH, SO THAT HE'LL KNOW WHAT HE'S GOING TO, THESE GUYS HAVE ALSO, UH, CONTRACTED WITH A NATIONAL RESPONSE COMPANY.

SO, UH, THESE THINGS ARE MONITORED.

EACH CELL IN ONE OF THOSE BATTERIES IS MONITORED FOR TEMPERATURE CHARGE.

I, I, IT'S A LITANY OF THINGS THAT ARE REQUIRED BY NFPA 8 55.

AND SO THESE BATTERIES, IF, YOU KNOW, THESE BATTERIES ARE DESIGNED TO, TO BE, TO CHARGE AND DISCHARGE, CHARGE AND DISCHARGE, UNLIKE OUR CAR BATTERIES, WHICH IF YOU DID THAT, IT, YOU KNOW, HOW LONG THEY LAST IN A GOLF CART.

YOU KNOW, THE, THE LEAD ACID THESE LAST A LONG TIME, 20 PLUS YEARS, THEY'RE MONITORED FOR, FOR THE THINGS THAT I AM MOST CONCERNED WITH.

YOU KNOW, WHEN, WHEN I TALK BATTERY IS, IS, IS TEMPERATURE AND ANY KIND OF, ANY KIND OF INDICATION THAT IT, THAT, THAT THIS, THAT THERE'S A PROBLEM, THAT PROBLEM IS, IS MONITORED.

AND WHAT I LIKE TO SAY IS THAT, YOU KNOW, WHEN, WHEN ONE OF THESE BATTERIES HEATS UP A LITTLE BIT, IT GIVES OFF, YOU KNOW, IT GIVES OFF A LITTLE, SOME, SOME TELLTALE SIGNS.

THEY'LL, THEY'LL RUSH TO IT, BUT THEY'LL, YOU KNOW, THEY'LL HAVE, UH, PEOPLE TO COME AND, AND DO AND LOOK AT IT.

NOW, FROM MY FIREFIGHTING SIDE, I WILL BE GETTING, AND I, I USUALLY HAVE ALREADY TALKED TO THE FIRE CHIEF AND I, BUT I'VE BEEN OUT IN WEST TEXAS, NORTH TEXAS TALKING TO FIRE CHIEFS.

I WILL, WE'LL WORK WITH THE BAYTOWN FIRE DEPARTMENT, I WILL MEET WITH THE CHIEF.

AND WHAT I LIKE TO DO SINCE I'M I'M A KNUCKLEHEAD FIREMAN MYSELF, IS I WANT TO TAKE ALL THREE SHIFTS.

THE FIRST IN COMPANY IS, OR WHOEVER THE CHIEF WANTS TO TAKE.

AND AS THESE THINGS ARE BEING BUILT, WE GO AND WE, WE SHOW 'EM WHERE, WHERE, WHERE EVERYTHING IS, WHAT WHAT'S GOING INSIDE OF 'EM SO THAT THEY CAN ACTUALLY SEE IT.

THEN I HELP THEM WITH THE, WITH THE NFP SIX, UH, NFPA 1620, UH, FIRST, FIRST RESPONDER, OR WE CALL IT A PRE-FIRE PLAN SO THAT THEY'LL HAVE ALL THE INFORMATION ON THAT 1620, I'LL GIVE IT TO THE CHIEF AND THEN THEY'LL GIVE DISPATCH, DISPATCH WILL ENCODE EVERYTHING INTO THE

[00:25:01]

SHOULD, SHOULD SOMETHING HAPPEN.

UH, THAT, FORTUNATELY THERE WE HAVEN'T HAD ANY PROBLEMS IN THE STATE OF TEXAS IN QUITE SOME TIME AS FACT.

I DON'T EVEN KNOW OF ONE.

AND I DO WEST TEXAS EAST, I, I GO ALL OVER DOING THIS.

YOU CAN TELL I'M PASSING ABOUT IT.

'CAUSE I WANT YOU TO KNOW I DON'T WANT ANYONE OF MY BROTHERS OR MY SISTERS TO EVER BE HURT BY NOT KNOWING WHAT, WHAT'S, WHAT'S, WHAT'S THERE.

ALRIGHT, THANK YOU FOR THE INFORMATION, SIR.

UM, IS THERE ANY ADDITIONAL QUESTIONS? YES, MA'AM.

UM, I, I THINK THIS WILL BE FOR YOU, BUT, UM, MY, MY FIRST QUESTION IS PRETTY CLEAR.

I WAS LOOKING AT THE RENDITION THAT WE HAVE IN OUR PACKET.

I WAS JUST WONDERING WHY THE BATTERIES WERE FACING, THEY SEEM TO BE AWKWARDLY PLACED ON THE PROPERTY YES, MA'AM.

AND IN A VERY STRANGE AREA.

SO I WAS WONDERING IF YOU COULD EXPLAIN WHY.

YES MA'AM.

IT'S A, I MEANT, MEANT THE FLAG THAT, SO WE DO KNOW OF A FIRE LINE E UH, FIRE LINE EASEMENT, THAT, THAT GOES ACROSS THESE TWO ACRES.

AND SO WE HAVE A POSITIONED OUR, OUR SITE BECAUSE BECAUSE IT'S A TWO ACRE SITE, WE ONLY NEED ABOUT HALF AN ACRE FOR AC OUR ACTUAL, UH, UM, PROJECT.

AND SO WE POSITIONED OUR, OUR SITE TO AVOID THAT, UH, FIRE LINE EASEMENT, THE, OKAY.

AND THEN THE NEXT THING IS, UM, I WAS JUST WONDERING, SINCE THIS IS, UM, A NEW TECHNOLOGY I GUESS WE'LL CALL IT TO OUR AREA, UM, HAVE Y'ALL EVER HAD ANY, UM, OTHER COMMUNITIES GIVE YOU CONCERNS ABOUT ENVIRONMENTAL, UM, IMPACT NOT JUST TO, NOT JUST TO THE, UM, FAUNA AND, AND FLORA AROUND, BUT TO HUMANS SINCE THERE IS A COUPLE OF BUSINESSES WHERE, WHERE THERE'LL BE LOTS OF TRAFFIC IN AND OUT VERY CLOSE TO THAT FACILITY.

UM, I GUESS I'M SPEAKING IN TERMS OF LIKE, I KNOW THERE'S, IN THE PAST, TRANSFORMERS HAVE BEEN KNOWN WITH, WITH DIFFERENT KIND OF WAVES AND THINGS IN THE AIR.

DO Y'ALL HAVE ANY HISTORY OF THOSE KIND OF PROBLEMS AT YOUR OTHER FACILITIES WITH PEOPLE BRINGING THAT UP? NO, MA'AM.

AND THEN MY LAST QUESTION IS, WILL THERE BE ANY NOISE POLLUTION? NO, MA'AM.

THERE'LL BE A, UH, THESE, UH, H OF THESE, THESE FACILITIES DO HAVE AN HVAC ON 'EM, BUT THERE THEY SOUND LIKE WHAT, WHAT YOU HAVE THE HVAC IN THE BACK OF YOUR YARD AND SO WITHIN A FEW FEET IT'LL BE, UH, NOISELESS.

ESPECIALLY WITH THAT, UH, PRIVACY FENCE.

THANK YOU VERY MUCH.

ALRIGHT, THANK YOU.

ANY ADDITIONAL QUESTIONS? I GOT A COUPLE QUESTIONS.

YEAH.

I APPRECIATE YOU ADDRESSING THE, THE FIRE SAFETY.

YES, SIR.

UM, AND FROM AN ENVIRONMENTAL PERSPECTIVE, UM, AT LEAST IN THE RENDERING HERE, AND I DON'T KNOW IF THIS IS EXACTLY WHAT YOU'RE GONNA BE BUILDING, BUT I DON'T SEE ANY KIND OF CONTAINMENT, SO AS NONE OF THIS LIQUID FILLED THE BATTERIES OR THE TRANSFORMERS, UM, THERE, SO, UH, DO YOU WANT SPEAK TO THAT SIR? SIR, THE, THE ONLY LIQUID THAT'S, THAT IS ON ON SITE IS OBVIOUSLY THE, THE, THE REFRIGERANT THAT'S IN, IN THE AIR CONDITIONERS.

AND, BUT THE TRANSFORMERS THEMSELVES HAVE WHAT'S CALLED F 15, UH, OIL, WHICH IS A, IT'S BA IT'S A, UH, UH, SOYBEAN BASED OIL.

RIGHT.

THAT IS THE ONLY LIQUID THAT'S IN THERE.

UM, AND MY, MY LAST QUESTION, AND THIS MAY BE MORE FOR STAFF 'CAUSE THEY SAY THEY'RE JUST GONNA PLACE THIS ON A HALF ACRE, BUT WE ARE DOING THE SPECIAL USE PERMIT FOR THE ENTIRE 2.1.

UM, SO WOULD THEY BE ABLE TO EXPAND THIS IN THE FUTURE WITHOUT COMING BACK TO US OR, UH, NO.

IF, UH, IF THEY DID EXPAND, UH, THAT WOULD TRIGGER, UH, THE NEED FOR A REVISED SUP, WHICH WOULD THEN GO BACK THROUGH THE PUBLIC, UH, HEARING PROCESS AND COME BACK BEFORE PLANNING IS ZONING COMMISSION AND CITY COUNCIL.

I JUST HAVE A FOLLOW UP.

YEAH.

WE MENTIONED A LOT ABOUT PROVIDING A LOT OF INFORMATION TO THE FIRE DEPARTMENT, STUFF LIKE THAT.

AND MY QUESTION GOES TO STAFF CHIEF, ARE YOU COMFORTABLE WITH, WITH THE, THE ABILITY TO RESPOND IF THOSE THINGS WERE TO GO BAD? YES.

THE FIRE MARSHAL'S OFFICE BEEN, HAS BEEN INVOLVED WITH THIS PROJECT THAT HAS GOTTEN SOME INFORMATION.

UM, THE HISTORY OF IT I THINK COMES BACK TO CALIFORNIA, PROBABLY SOME OTHER STATES WHERE THEY DID HAVE A COUPLE FIRES AND, UM, SINCE THEN, N FPAS COME UP WITH A STANDARD, UM, I THINK IT'S 8 55.

SO, UM, WE'LL BE USING THAT.

WE'LL BE FOLLOWING THAT STANDARD TO MAKE SURE THAT THEY COMPLY.

AND THEN, UM, AS HE MENTIONED, WE WILL BE REACHING OUT TO HIM AND IT SOUNDS LIKE HE'S GONNA REACH OUT TO US ABOUT THE TRAINING TO MAKE SURE THAT OUR FOLKS ARE ALL TRAINED, OUR HAZMAT TEAM KNOWS ABOUT IT.

IF, IF YOU'RE COMFORTABLE, IT MAKES ME COMFORTABLE.

RIGHT.

AND, AND, AND AS I SAID, THE, THE FIRE MARSHALS BUREAU WILL BE INVOLVED WITH THE, THE PROCESS TOO TO MAKE SURE WE HAVE ACCESS AND THAT THERE'S WATER AVAILABLE AND THOSE TYPES OF THINGS.

THAT'S ALL I HAD, MAYOR.

ALRIGHT, THANK YOU.

ANY ADDITIONAL QUESTIONS FROM COUNSEL? IF NOT, I'LL CLOSE THIS PUBLIC HEARING.

I BELIEVE NO ONE HAS SIGNED UP TO SPEAK, SO WE'LL MOVE ON TO ITEM

[b. Consider an ordinance to approve a Special Use Permit (SUP) for approximately 2.1 acres located at approximately 5141 Garth Road, more specifically north of West Cedar Bayou Lynchburg Road and west of Garth Road, and being more particularly described as Lot 2B, Garth Road Holdings Replat, to allow for a Battery Energy Storage System (BESS) within a General Commercial (GC) Zoning District.]

SIX BS.

CONSIDER ORDINANCE FOR THE PROPERTY THAT WE JUST MENTIONED, UH, I BELIEVE THIS IS IN DISTRICT THREE.

COUNCILMAN, WOULD YOU LIKE TO MAKE A MOTION FOR APPROVAL? DISTRICT THREE? YES.

[00:30:01]

ANY ADDITIONAL QUESTIONS OR COMMENTS? NOT ALL IN FAVOR OF ITEM, UH, SIX B AS PRESENTED, PLEASE SAY AYE.

A PUBLIC HEARING IS NOW SEVEN OH ONE.

OPPOSED? MOVE ON TO ITEM SEVEN A IS CONDUCT

[a. Conduct a public hearing concerning proposed amendments to the approved project plan and reinvestment zone financing plan for Reinvestment Zone Number One, City of Baytown, Texas (the “zone”) resulting in the increase of geographic area and project costs of the zone pursuant to Chapter 311, Texas Tax Code.]

AND I'LL CALL THE ORDER THIS PUBLIC HEARING CONCERNING PROPOSAL AMENDMENTS TO THE APPROVED PROJECT PLAN AND REINVESTMENT ZONE FI FINANCING PLAN FOR REINVESTMENT ZONE NUMBER ONE.

I'LL NOW ASK STAFF TO SUMMARIZE THE SUBJECT MATTER OF THIS HEARING.

AS YOU'LL REMEMBER, UM, LAST MONTH, UM, ABBY HAS SEEN FROM UNICAP, UH, OUR CONSULTANT WHERE IT COMES TO THE, THE TOURS HAS, UH, IT CAME IN AND KINDA GIVE YOU GUYS A PRESENTATION AT YOUR WORK SESSION REGARDING, UH, THE PLANS FOR THE EXISTING TOURS AND THE PLANS FOR A NEW ONE AS WELL.

SO TONIGHT, UM, REALLY THIS IS JUST KIND OF FOLLOWING UP ON THIS IS THE ACTION THAT WE'LL PUT THAT INTO PLAY.

THIS IS ONLY FOR THE EXPANSION OF THE TOURS ONE, WHICH AGAIN, IS ALREADY IN PLACE.

THIS WOULD INCLUDE THE OLD, UM, SAN JACINTO MALL PROPERTY AS WELL AS THE SAN JACINTO COTTAGES PROPERTY.

UM, THE TIMING IS ESPECIALLY, UH, A, UM, A POSSIBLE ISSUE.

WE WANT TO GET THIS DONE FOR THE END OF THE YEAR BECAUSE THEY HAVE NOT STARTED BUILDING ANYTHING YET.

AND SO IN ORDER TO MAXIMIZE THE USE OF THAT TURS, UM, WE GET IN ON THE GROUND FLOOR, SO TO SPEAK.

UM, ABDI IS HERE TONIGHT, UH, TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE, AND THAT'S ABOUT ALL.

WELL, LET ME FIRST SEE, IS THERE ANYONE, UH, FROM THE PUBLIC THAT WAS SIGNED UP TO SPEAK ON THIS ITEM? ALRIGHT, DO WE HAVE ANY QUESTIONS FOR STAFF OR COUNSEL? I GUESS I DO.

I HAD A PHONE CALL TODAY.

WE HAVE A TS BOARD.

HAS THIS GONE BEFORE THEM? YES, IT HAS.

SORRY, I BLANKED FOR A SECOND.

IT HAS, BECAUSE A MEMBER OF THAT BOARD CALLED ME AND SAID IT HAS NOT, IT HAS ACTUALLY BY LAW THIS DOCUMENT, UH, GOOD EVENING, UH, ABDI IN MEDIA CAP.

WE ACTUALLY TOOK THIS DOCUMENT FIRST TO THE BOARD, AND THE BOARD CONSIDERED THAT AND THEN RECOMMENDED THAT APPROVAL, YOU KNOW, TO COUNCIL.

SO BY LAW, WE ACTUALLY HAD TO GO THROUGH THE BOARD BEFORE WE COME TO YOU.

DO, DO, DO WE KNOW WHEN THAT WAS TAKEN TO THE BOARD? BECAUSE AGAIN, IT WAS A BOARD MEMBER THAT CALLED ME.

I BELIEVE IT WAS IN THE JUNE MEETING.

I WOULD SAY IT'S BEEN A FEW MONTHS.

SO YEAH, JUNE SOUNDS ABOUT RIGHT.

AND HE, THEY INDICATED JUNE WAS THE LAST MEETING AND THAT THEY DID NOT DISCUSS THIS.

I, I'M JUST BRINGING UP WHAT I WAS TOLD.

I DON'T KNOW IF WE DID PERFECT.

THAT WE, WE DID, WE DID.

SIX ET ORDINANCE, UH, ANNEXING APPROXIMATELY 125.2821 ACRES.

WHAT I'M GOING TO DO IS, UM, LET'S, WE'RE GOING, WE'RE GONNA FINISH THIS PUBLIC HEARING, OKAY? WE'RE GONNA CLOSE THAT.

WE'RE GONNA SUSPEND THIS NEXT ITEM, GIVE STAFF TIME TO VERIFY THAT AND CONFIRM IT.

AND WE'LL CONSIDER IT LATER, LATER IN THE EVENING.

UH, IT'S ALREADY VERIFIED.

OKAY? OKAY.

IT'S ON YOU.

ALRIGHT.

SO THE NO ONE HAS, UH, SIGNED TO SPEAK.

SO WITH THAT, WE'LL CLOSE THE, THE, UH, PUBLIC HEARING AND WE'LL MOVE ON TO ITEM SEVEN B

[b. Consider an ordinance annexing approximately 125.2821 acres of land into Reinvestment Zone Number One, City of Baytown, Texas (the "Zone"); and adopting the Restated and Eighth Amended Project Plan and Reinvestment Zone Financing Plan.]

DOESN'T SOUND APPROXIMATE TO ME.

ACRES OF LAND INTO REINVESTMENT ZONE NUMBER ONE, CITY, BAYTOWN, TEXAS, AND ADOPTING THE RESTATED AND EIGHTH AMENDED PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN.

MR. RIMMER, DO YOU HAVE ANYTHING TO COMMENT ON THIS ITEM? I DO NOT.

YES, SIR.

NO, I DON'T HAVE ANYTHING TO ADD.

A'S TO DISCUSS AND CONCERN ORDINANCE ADOPTING THE PROPOSED CHANGES TO THE CHAPTER 14 ANIMALS OF THE CITY OF BAYTOWN CODE OF ORDINANCES, MR. GRAY.

YOU HAVE ANY QUESTIONS FROM COUNSEL ON THIS HERE? THINKING YOUR PACKET, YOU COULD SEE THE, THE, UM, THE EXPANDED, I GUESS YOU'D SAY OCCURS BOUNDARIES, IF NOT, ONCE AGAIN, UH, DISTRICT THREE, I WOULD ENTERTAIN A MOTION FOR ITEM SEVEN B FOR APPROVAL.

MOTION TO APPROVE ITEM SEVEN B.

SECOND, WE HAVE A MOTION TO SECOND ANY QUESTIONS OR COMMENTS? IF NOT, ALL THOSE IN FAVOR? SEVEN B AS PRESENTED, PLEASE SAY AYE.

A AYE.

ALL THOSE OPPOSED? ALL.

CARRIE, MOVE ON TO, UM, ITEM EIGHT

[a. Discuss and consider an ordinance adopting the proposed changes to Chapter 14 "Animals," of the City of Baytown Code of Ordinances.]

ALL RIGHT, TIME TO BREAK THE MONOPOLY, THE MONOPOLY ON, UH, PLANNING.

UH, ANYWAY, UH, GOOD EVENING COUNSEL AND MAYOR.

UH, THE PROPOSED ANIMAL ORDINANCE FOR YOUR CONSIDERATION TONIGHT WAS DRAFTED BASED ON PREVIOUS DISCUSSIONS, UH, THAT YOU REMEMBER FROM THIS PAST JULY AND AUGUST.

[00:35:01]

THESE PROPOSED REVISIONS ARE RELATED TO OPERATIONAL NEEDS AND A COMMUNITY CAP PROGRAM, WHICH WAS RECOMMENDED BY THE ANIMAL CONTROL ADVISORY COMMITTEE.

UH, WE HAVE MEMBERS FROM THAT COMMITTEE HERE, UH, IN SUPPORT OF THAT, UH, AND ALSO AVAILABLE IF YOU HAVE ANY QUESTIONS FOR THEM.

ALSO, AT A PREVIOUS MEETING, COUNCIL, UH, COMMENTED THAT THEY WANTED TO HEAR ABOUT SUCCESS STORIES INVOLVING, UH, COMMUNITY CATS AND TRAP NEUTER IN RETURN IN OUR AREA.

AND AT THIS TIME, I WOULD LIKE TO INTRODUCE AARON JOHNSON, THE DIRECTOR OF THE MONTGOMERY COUNTY ANIMAL SHELTER, TO SHARE HIS STORY AND PERSPECTIVE ON COMMUNITY CATS TRAP NEUTER, RETURN AND REDUCING THEIR STRAY CAT POPULATION.

THANKS AARON.

YEP.

UH, GOOD EVENING.

UH, I JUST WANTED TO COME, THEY ASKED ME TO COME KIND OF SPEAK ABOUT OUR, OUR SUCCESS STORY WITH TNR.

UM, I'VE BEEN IN ANIMAL WELFARE FOR OVER TWO DECADES NOW.

I STARTED MY TIME AT THE CITY OF HOUSTON, HAD SOME EXPERIENCE PUTTING IN THE TNR PROGRAM THERE, WHICH WAS SUCCESSFUL AND IS STILL OCCURRING TO THIS DAY.

UM, FOR US IN MONTGOMERY COUNTY, WE STARTED AROUND 20 16, 20 17 TIMEFRAME.

AND IT HAS DRAMATICALLY HELPED US.

OUR INTAKE HAS DECREASED FOR CATS SPECIFICALLY.

AND OUR LIVE RELEASE FOR CATS, OBVIOUSLY IN TURN WENT UP FROM THAT.

UM, I'M NOT GONNA SAY FROM TIME TO TIME THERE AREN'T SPECIFIC SMALL ISSUES THAT MAY COME UP, BUT THOSE ARE VERY FAR FEW IN BETWEEN.

AND I WOULD SAY FOR THE SUCCESS, SUCCESS OF THE PROGRAM THAT WE HAVE, UH, IT'S DEFINITELY WORTHWHILE AND SOMETHING THAT I WOULD WHOLEHEARTEDLY SUPPORT.

I THINK, UH, MANY OF THE JURISDICTIONS ARE DOING THIS NOW AND IT IS WIDELY ACCEPTED AND SUPPORTED ACROSS THE COUNTRY.

UH, BUT I'M AVAILABLE IF YOU GUYS HAVE ANY QUESTIONS OR ANYTHING SPECIFIC FOR ME, I'M, I'M GLAD TO ANSWER ANY QUESTIONS YOU GUYS MAY HAVE.

I HAVE ONE QUESTION FOR YOU.

WHEN DID YOU, WHEN DID YOUR PROGRAM BEGIN? IT WAS, UH, AROUND LATE 2016, UH, WHEN IT WENT INTO PLACE.

ANY QUESTIONS? THANK YOU, SIR FOR COMING.

YEAH.

SO, UM, IS THERE ANYTHING ELSE FOR STAFF? UH, NO, SIR.

JUST, UH, MOVING BACK TO THE ORDINANCE NOW, AFTER THE LAST COUNCIL MEETING IN SEPTEMBER, YOU WERE PROVIDED COPIES OF A DRAFT ORDINANCE AND A REFERENCE SHEET OUTLINING THE REVISIONS FOR THE DEFINITIONS IN THE VARIOUS SECTIONS.

UM, STAFF BELIEVES THE PROPOSED REVISIONS, UM, ARE OUR BEST PATH GOING FORWARD AT THIS TIME TO ADDRESS THE OPERATIONAL NEEDS AND ALSO TO BEGIN THE PROCESS OF REDUCING THE STRAY CAT POPULATION THAT WE HAVE HERE.

GOOD EVENING COUNSEL.

UM, I JUST WANNA COME BEFORE YOU, UH, AND ONE, ACKNOWLEDGE THE WORK THAT STAFF AND THE COMMITTEE HAS DONE, BUT I ALSO WANNA REMIND YOU THAT CURRENTLY IN OUR ORDINANCE, WE HAVE NOTHING IN PLACE TO ADDRESS THE CONTINUING GROWTH OF THE STRAY CAT POPULATION.

AND SO THAT REALLY WAS PART OF THE CHARGE AND REVISING THIS ORDINANCE, WAS TO FIGURE OUT HOW DO WE BEGIN TO ADDRESS THAT OVERPOPULATION.

SO THE STAFF HAS WORKED ON THAT.

UM, I LIKE TO KEEP THINGS IN REAL SIMPLE TERMS. AND SO THE, THE WAYS YOU CAN KIND OF ADDRESS THE OVERPOPULATION ISSUE OF WHETHER IT'S CATS OR REALLY ANY ANIMAL IS YOU CAN START IT AT THE BEGINNING AND ADDRESSING THE REPRODUCTION OF 'EM.

YOU CAN HOPE FOR THE MIDDLE, WHICH IS THE NATURAL SELECTION.

SO THAT'S KIND OF THE ENVIRONMENTAL KINDS OF THINGS, OR NATURAL PREDATORS OR THAT SORT OF THING.

WE DON'T REALLY HAVE THAT, YOU KNOW, NORTH DAKOTA NATURAL SELECTION, IT GETS REAL COLD, RIGHT? OR YOU CAN ATTACK IT ON THE END, WHICH IS ONCE YOU HAVE AN OVERPOPULATION, YOU START CAPTURING AND YOU EUTHANIZE.

SO THE ALL IDEAL SITUATION REALLY FOR US, IN, IN ADDRESSING THIS IS TO ADDRESS IT ON THE FRONT END, WHICH IS GONNA BE ADDRESSING THE REPRODUCTION.

WE REALLY BELIEVE THAT WHAT STAFF AND THE COMMITTEE HAVE DONE IS REALLY BRING FORTH WHAT IS A BEST FIRST STEP FOR US TO BEGIN A PATH TO ADDRESS AND IMPACT THAT OVERPOPULATION.

AND THEN IT SETS US IN PLACE IF WE NEED TO TAKE ADDITIONAL ACTIONS, PUT IN ADDITIONAL PROGRAMS, COME BACK AND READDRESS THE ORDINANCE.

WE HAVE BEGUN THAT AND WE ARE IN A GOOD POSITION TO TAKE THAT NEXT STEP IF IT'S NECESSARY.

COMMENTS.

IS THERE ANY OTHER COMMENTS FROM STAFF? NOPE.

NO, SIR.

ALRIGHT.

IS THERE ANY QUESTIONS FROM COUNSEL? I, I THINK WE'VE HAD MULTIPLE, MULTIPLE MEETINGS ON THIS ITEM.

CERTAINLY THERE'S BEEN A LOT OF WORK FROM OUR CITIZENS ANIMAL, UH, ADVISORY COMMITTEE, UH, A LOT OF BACK AND FORTH.

UM, BUT I CERTAINLY APPRECIATE ALL THE, THE TIME AND EFFORT THAT THEY'VE PUT INTO IT.

AND THEN COMING TO COUNCIL AND I GUESS MEETING, AFTER MEETING, HAVING THIS PRETTY MUCH POSTPONED AND SUSPENDED AND TABLED.

AND SO TONIGHT, TONIGHT I WILL BE CALLING FOR A VOTE.

EITHER WAY, WE ARE GONNA MAKE A DECISION ON THIS TONIGHT.

AND SO WITH THAT, IS THERE ANY QUESTIONS OR COMMENTS? YES, MA'AM.

AND EVERYONE WHO, WHO WORKED ON THIS ITEM.

UM, I DO AGREE WE SHOULD CALL FOR A VOTE.

SO I'M ON BOARD WITH THAT.

AND, UM, THANK YOU STAFF

[00:40:01]

UM, UH, UNFORTUNATELY MY STANCE HAS REALLY NOT CHANGED FROM THE LAST TIME THAT WE TALKED.

UM, AND I HAVE TALKED TO STAFF ABOUT THIS AS WELL.

AND, UM, IT, AN ORDINANCE IS ONLY GOOD AS IS ENFORCEMENT.

AND SO IF I DO NOT, I DO NOT FEEL THAT WITHOUT NAMING THE COMMUNITY CAT, UM, CAREGIVERS AS OWNERS, WE CAN'T HAVE THAT ENFORCEMENT.

UM, BECAUSE WHO ARE WE GOING TO GO TO IF THESE CATS ARE CONTINUING TO ROAM AND CAUSE A NUISANCE? UM, SO THAT'S ONE FOR ME.

UM, AND THEN TWO, EVEN THROUGHOUT THIS EVENING AND THE EMAILS THAT WE RECEIVED, AND THE GENTLEMAN FROM MONTGOMERY COUNTY, THANK YOU FOR COMING OUT HERE, UM, IT HAS BEEN LABELED A PROGRAM.

THIS IS A PROGRAM.

UM, SO I, I JUST DON'T FEEL THAT IT BELONGS IN AN ORDINANCE.

UM, AND I DON'T UNDERSTAND WHY IT WAS PUT INTO AN ORDINANCE WHEN IN REALITY IT'S JUST A PROGRAM.

UM, AND I DON'T MEAN TO DOWNGRADE IT BY SAYING IT'S JUST A PROGRAM, UM, I'M JUST SAYING IT'S A PROGRAM.

SO I, I DON'T FEEL IT SHOULD BE IN AN ORDINANCE.

AND, UM, THOSE ARE REALLY THE, THE TWO THINGS THAT I REALLY LOOKED AT.

UM, I DO APPRECIATE THE EFFORTS.

I KNOW AT THE LAST MEETING MY COLLEAGUES MENTIONED SOMETHING HAS TO BE DONE.

I AGREE WITH THAT.

I REALLY DO.

UM, BUT THESE ARE THE TWO THAT ARE STICKING FOR ME.

UM, AND I, I JUST WANTED TO MAKE SURE Y'ALL KNEW MY POINT OF VIEW AND, AND WHERE I'M AT, UM, WHEN, WHEN IT COMES TO THIS PROGRAM.

SO, ALRIGHT, THANK YOU.

ANY ADDITIONAL QUESTIONS OR COMMENTS? YES.

SO FROM, FOR MY COMMENTS WITH THE, UH, AND I AGREE, UH, I'M NOT GONNA SAY THIS IS GONNA BE A PERFECT PROGRAM IN ANY WAY.

UH, BUT WHAT I DO KNOW IS WE CAN'T CONTINUE THE WAY WE CURRENTLY, UH, ARE ADDRESSING AN OVERPOPULATION.

WE HAVE TO DO SOMETHING.

IF WE DO NOTHING, THEN THAT THE ISSUE, THE PROBLEM IS CONTINUE TO GROW AND THEN WE WILL CONTINUE TO, UH, HAVE INCREASED EUTHANIZATION OF ANIMALS.

AND SO THAT IS NOT, THAT IS NOT MY PERSPECTIVE THAT I THINK THAT WE SHOULD BE HEADED.

BUT I WILL ALSO SAY, AS IT WAS, AS IT WAS EXPRESSED IN, IN THE, THE REALITY ALSO IS IZATION WILL OCCUR.

THAT IS PART OF THE PROGRAM ITSELF.

SO THERE, IT'S, UH, I THINK THEY HAD A TRIANGLE LAST TIME OF KIND OF PRETTY MUCH WHAT'S THE MOST EFFECTIVE, UH, WAYS TO ADDRESS THIS TYPE OF ISSUE.

AND FIRST OBVIOUSLY IS, IS RESPONSIBLE PET OWNERSHIP.

AND YOU'RE RIGHT.

YOU KNOW, HOW DO YOU GO AND, AND, UH, IT'S ALWAYS BEEN HOW DO YOU LEGISLATE RESPONSIBLE PET OWNERSHIP? I DON'T KNOW.

BUT WE'RE GONNA, WE'RE GONNA TAKE, WE'RE GONNA TAKE A, A STAB AT IT.

UH, BUT SECOND WOULD BE PROGRAMS SUCH AS THIS.

AND SO FOR ME, UM, WHAT, WHAT IS THE DIRECTION THAT WE NEED TO HEAD TO TRY TO GO AND TACKLE THIS ISSUE? AND WE HAVE LOTS OF CITIZENS OBVIOUSLY, THAT ARE ON DIFFERENT SIDES OF THE ISSUE.

WE RESPECT THAT.

BUT FOR ME, I HAVE TO MAKE THE, WHAT I BELIEVE IS THE BEST DECISION FOR THIS PARTICULAR ISSUE FOR OUR CITY.

AND I'LL CERTAINLY BE IN SUPPORT OF IT.

SO WITH THAT, UM, YES.

UM, YES SIR, SOME COMMENTS.

I'M SORRY, I, I THOUGHT, WELL, NOBODY WAS SAYING ANYTHING, SO COME ON.

I THOUGHT SOME OF MY COLLEAGUES HAD JUMPED DOWN.

KIND OF GO WITH THEIR, UM, SO MAKE THOSE MINOR CHANGES.

UM, I, I AGREE WITH WHAT MS. FLINT SAID.

I AGREE WITH WHAT YOU JUST SAID.

UM, I ESPECIALLY AGREE WITH MS. FLINT'S COMMENT THAT WE GOTTA START IT AT THE FRONT SIDE OF THIS.

SO TO ME, PART OF THE, THE CODE, AND I AGREE WITH MY COLLEAGUE UP THERE THAT, UH, I THINK SHE MENTIONED LAST TIME THAT, YOU KNOW, UH, WE NEED TO INCLUDE THE MICROCHIP OF THESE ANIMALS WHEN THEY'RE DONE.

SO THAT EVEN IF WE DON'T HOLD THE CARETAKER PER SE, AS RESPONSIBLE AS AN OWNER, WE KNOW WHO TO CONTACT.

AND I'LL GET INTO TO THAT A LITTLE BIT.

BUT, YOU KNOW, WE NEED TO START AT THE BEGINNING AND, AND OUR CODE, IT HAS AN EXCEPTION FOR CATS TO RUN AT LARGE.

NOW, I KNOW I'M GONNA GET LOTS OF HATE MAIL HERE, BUT THAT'S THE BEGINNING OF THE CURVE.

WE COULD, WE COULD DEAL WITH EVERY FERAL CAT IN THE CITY AND IF WE DON'T TURN OFF THE SPIGOT FROM OWNED ANIMALS RUNNING AT LARGE CATS THAT AREN'T SPAY OR NEUTERED, IT'S JUST GONNA CONTINUALLY BACKFILL THAT POPULATION.

SO AGAIN, WE NEED TO TAKE THAT EXCEPTION OUT.

PETS, ANIMALS SHOULD BE CONSTRAINED OR CONFINED TO THE OWNER'S PROPERTY.

UM, AND YOU KNOW, I'M NOT FOR MANDATORY SPAY NEUTER, SO IF YOU'RE GONNA LET YOUR ANIMALS RUN LOOSE, THERE'S, YOU SHOULDN'T BE ABLE TO DO THAT.

I'M, I'M REALLY UNCOMFORTABLE WITH CALLING IT A COMMUNITY CAT ISSUE.

I LIVE IN THIS COMMUNITY, IT'S NOT MY CAT.

SO LET'S CALL IT WHAT IT IS.

IT'S A TNR FERAL CAT ISSUE.

SO LET'S CALL IT THAT TNR FERAL CAT.

I'M GOOD WITH THAT 'CAUSE THAT'S WHAT IT IS.

TRAP NEW RELEASE FERAL CATS.

I'M, I'M GOOD WITH THAT, BUT I'M NOT COMFORTABLE WITH CALLING IT A COMMUNITY CATS NOT MY CAT.

AND I'VE HAD A LOT OF MY CONSTITUENTS COME AND TELL ME EXPLICITLY IT'S NOT THEIR CAT EITHER.

[00:45:01]

MICRO CHIPPING.

AND I'LL JUST JUMP, JUMP STRAIGHT TO THE ARTICLE EIGHT COMMUNITY CAT PROGRAM.

I AGREE WITH MY COLLEAGUE.

UH, WE SHOULD NOT BE ENSHRINING PROGRAMS INTO THE CODE.

SO IF YOU WANT TO CALL IT THE, THE TNR FERAL CATS, I'M GOOD WITH IT.

'CAUSE THAT'S WHAT IT IS.

WE'RE REFERRING TO THE TRAP NOODLE RELEASE OF FERAL CATS.

UM, SECTION 180 1, TO ME THE A HAS GOTTA GO.

UM, I THINK B, C AND D ARE OKAY IF IT'S MICROCHIPPED.

AND THEN AS FAR AS THE NUISANCE TO HAVE FOUR STRIKES AT BEING A NUISANCE, IF MY DOG WAS A NUISANCE, YOU'RE NOT GONNA GIVE ME FOUR STRIKES.

SO I'M, I'M SAYING ELIMINATE A AND B AND KEEP THREE BASICALLY THAT, THAT, YOU KNOW, THAT WHEN A FERAL CAT THAT'S BEEN MICROCHIPPED, IT IS PART OF THE PROGRAM THAT'S ESTABLISHED, BUT IS A-A-T-N-R FERAL CAT, IF IT COMES IN AND IT'S MICROCHIP, WE CONTACT THE SPONSORING AGENT OR THE CARETAKER THAT'S LISTED AND GIVE THEM THE OPPORTUNITY TO COME GET THEIR FERAL CAT AND RELEASE IT BACK OUTSIDE OF THE CITY.

'CAUSE IT'S A NUISANCE ANIMAL.

IF SOME, A CITIZEN HAS TAKEN THE EFFORT TO, TO GET A TRAP, WHETHER THEY BUY IT OR GET IT FROM THE ANIMAL SHELTER AND THEY TRAP THAT CAT AND YOU'RE GONNA TURN IT RIGHT BACK LOOSE UNDER THEIR PROPERTY, I DON'T WANT THAT PHONE CALL.

I, I'M, I'M GOING TO GIVE HIM MR. GRAY'S PERSONAL PHONE CALL, A PHONE NUMBER AND SAY, CALL MR. GRAY.

IT'S HIS PROGRAM.

SO I, I THINK IF IT'S A NUISANCE, WHAT NEEDS TO GO, IF IT'S WHATEVER THE REASON IS.

SO AGAIN, THE THE NEXT PART IS AS FAR AS STERILIZATION OF OUTDOOR CATS, I'M NOT REAL SURE I'M COMFORTABLE WITH THAT EITHER THAT THAT'S A MANDATORY SPAY NEUTER TYPE THING.

AND, AND AGAIN, I'M NOT REAL COMFORTABLE WITH THAT.

UM, THERE'S SOME OTHER ISSUES THAT, THAT WE SAW ON THERE.

AGAIN, REMOVE THE EXCEPTIONS FOR CATS.

UM, I THOUGHT OVERALL I APPRECIATE THE, THE TRANSITION FROM DANGEROUS DOGS TO AGGRESSIVE DOGS.

I THOUGHT THAT WAS A GOOD CHANGE.

I THINK THAT'S SOME OF THE STUFF TO MEET THE STATUTES, UH, THAT HAVE CHANGED OR WHATEVER.

UM, ONE OF THE QUESTIONS I HAD AS FAR AS, UH, ADOPTING OUT AFTER QUARANTINE, UM, IT SAYS THAT THAT QUARANTINE ANIMALS COULD POTENTIALLY BE ADOPTED.

TYPICALLY QUARANTINE ANIMALS ARE 'CAUSE THEY'RE INVOLVED IN BITES.

IF WE'RE KNOWINGLY ADOPTING OUT KNOWN BITE ANIMALS, DOES THAT CREATE A LIABILITY FOR THE CITY? BECAUSE IF I OWN AN ANIMAL THAT I KNOW IS A BITE ANIMAL AND IT BITES SOMEBODY ELSE, THERE COULD BE POTENTIALLY BE CRIMINAL CHARGES.

SO I'M CONCERNED ABOUT THIS ADOPTING OUT BITE ANIMALS.

UM, THAT WAS JUST SOMETHING I CAUGHT THERE.

UM, AGAIN, MICROCHIPPING IN, YOU KNOW, I THINK WE OUGHT TO BE MICROCHIPPING EVERY ANIMAL THAT COMES THROUGH OUR FACILITY ONCE IT GOES OUT THAT THAT'S A LIFETIME CALL AND TAG, WE KNOW WHOSE IT IS.

GIVE 'EM A FREE RIDE HOME, SOMETHING LIKE THAT.

UM, A LOT OF THE CHANGES I APPRECIATED AND AGREED WITH, BUT AS IT'S WRITTEN WITHOUT MAKING SOME CHANGES, I'M GONNA BE OPPOSED TO THIS.

IF WE MAKE SOME MODIFICATIONS TO IT THAT ELIMINATES THE FOUR OR FIVE STRIKES, HOLDS THE AGENCIES OR CARETAKERS, I HATE TO SAY RESPONSIBLE, BUT NOT AS AN AT THE OLDER LEVEL, BUT HAVE SOME RESPONSIBILITY WHEN THE ANIMALS BECOME A NUISANCE, WE GOTTA BUILD THAT IN.

NUISANCE ANIMALS ARE WHAT IS MY MAIN ISSUE AND THAT'S THE, THE NUMBER ONE CALL I GET.

SO I AGREE WE NEED TO DO SOMETHING, UH, BUT WE NEED TO, WE NEED TO START AT THE VERY BEGINNING AND START REDUCING THE NUMBER OF ANIMALS THAT RUN AT LARGE THAT ARE VIABLE.

AND, AND THEN MAYBE ALSO SOMETHING WITH, WITH THE FERAL CAT POPULATION, I DIDN'T SEE A DEFINITION OF A FERAL CAT, SO I'D BE INTERESTED TO KNOW HOW THEY DETERMINE WHAT IS OR IS NOT A FERAL CAT.

UM, WHICH ANIMALS WOULD BE APPLICABLE TO THE INTERNAL PROGRAM AND IS IT GONNA BE JUST ANIMALS THAT ARE BROUGHT TO US AS NUISANCE ANIMALS OR, OR A OR INDIVIDUALS GONNA GO OUT AND RANDOMLY TRAP CATS, WHICH I'M OPPOSED TO A RANDOM TRAP PROCESS.

IF THE ANIMAL'S NOT CAUSING A PROBLEM, LEAVE IT ALONE.

AND, AND THAT'S MY POSITION ON IT.

I DO APPRECIATE ALL THE INPUT.

UM, IS THERE ANY OTHER, WE HAVE TWO SESSION THAT DID SIGN UP, BUT I WANTED TO MAKE SURE THAT COUNSEL HAD ANY QUESTIONS FOR STAFF, IF NOT, SO WE HAVE FIRST, UH, RANDY KING, YOU DID SIGN UP.

SO IF YOU CAN COME TO THE, UM, PODIUM AND UH, JUST STATE YOUR, UH, YOUR STREET NAME PLEASE.

UH, GOOD EVENING.

RANDY KING.

I LIVE AT 1 28 NORTH BURNETT DRIVE IN LAKEWOOD.

AND LAKEWOOD IS THE LARGEST SUBDIVISION WE HAVE IN BAYTOWN.

WE HAVE OVER 900 HOMES THERE.

SO WE OBVIOUSLY HAVE FERAL CATS THERE ALSO.

UM, I'M ALSO THE PRESIDENT OF OUR LAKEWOOD, UH, COMMUNITY ASSOCIATION.

AND SO I'M PRETTY INVOLVED IN

[00:50:01]

OUR COMMUNITY AND I GET A LOT OF CALLS.

UM, I GET VERY FEW CALLS FOR NUISANCE CATS.

UM, I DID RUN A TNR PROGRAM IN LAPORTE, WHICH WAS VERY SUCCESSFUL.

YOU HEARD FROM OTHER, UM, PLACES THEY'RE SUCCESSFUL.

SO ARLINGTON HAD A 48% DECREASE IN INTAKES TO THEIR SHELTER WHEN THEY IMPLEMENTED THIS PROGRAM.

IF YOU WANNA CALL IT A PROGRAM, WE NEED TO STOP WORDSMITHING, WE NEED TO GET IT GOING.

TEXAS A AND M HAD NO KITTENS BORN AFTER THEY IMPLEMENTED IT AND THEY HAD A DECREASE IN COMPLAINTS.

AUSTIN HAS A PROGRAM UNINCORPORATED.

HARRIS COUNTY HAS A PROGRAM, DALLAS HAS A PROGRAM.

EL PASO, UH, NEW BRONZEVILLE, THOSE ARE JUST SOME OF THE PLACES WITHIN TEXAS THAT HAVE SUCCESSFUL PROGRAMS. WE'VE BEEN TALKING ABOUT THIS FOR SIX YEARS NOW IN THAT SIX YEARS TIME.

AND I SENT THIS TO ALL THE, UH, TO MAYOR AND ALL THE COUNCIL MEMBERS IN SIX YEARS TIME.

AND I CAN'T PUT THE CHART UP ON THE SCREEN, BUT SIX YEARS TIME, TWO CATS CAN RESULT IN OVER 66,000 CATS.

THINK ABOUT THAT.

THAT'S JUST TWO UNALTERED CATS.

AND NOW EXPAND THAT TO ALL THE CATS WE HAVE IN BAYTOWN.

I MEAN IT'S PRETTY OVERWHELMING.

THIS PROGRAM, I DON'T CARE IF YOU CALL IT A PROGRAM OR NOT, IT WILL REDUCE THE INTAKE TO THE SHELTER, WHICH WILL SAVE THE CITY MONEY.

IT'LL REDUCE THE CATS EUTHANIZED, WHICH WILL SAVE THE CITY MONEY.

IT'LL STABILIZE THE SITUATION OVER TIME.

IT'S GONNA GREATLY REDUCE NUISANCE COMPLAINTS.

IT'S A WIN FOR ADVOCATES AND IT'S A WIN FOR PEOPLE DEALING WITH NUISANCE ANIMALS.

WE NEED TO MOVE FORWARD.

LET'S GET IT IN PLACE.

MAYBE THIS ORDINANCE ISN'T 100% HOW THE WORTHING IS THAT YOU LIKE, BUT LET'S GET IT IN PLACE AND THEN LET'S MODIFY THE WORTHING GOING ON.

BUT WE CAN'T KEEP ON PUTTING THIS OFF.

LET WE HAVE UH, ROGER.

IS IT COLESON? YES, I'VE HAD SOME CAT PROBLEMS ALSO AND I RETIRED ABOUT 15 YEARS AGO AND UH, I IMMEDIATELY WENT INTO VEGETABLE GARDENING IN MY BACKYARD AND THEN OVER IN PINEHURST TOO ON A COUPLE LOTS.

AND I GOT A 12 FOOT BY 30 GARDEN BED AND I GOT A COUPLE FOUR BY 12 GARDEN BEDS AND I GROW LOTS OF STUFF AND UH, AND IT'S NOT LONG AFTER I RETIRED, I WENT TO CH HARRIS COUNTY MASTER GARDEN MEETINGS TO LEARN HOW TO MAKE COMPOST.

GALVESTON COUNTY MASTER GARDENER MEETINGS THERE.

AND I LEARNED HOW TO DO GARDENING AROUND HERE AND IT'S DIFFERENT THAN WHERE I GREW UP, ABOUT A THOUSAND MILES NORTH HERE WHEN I WAS A KID UP NORTH.

BUT, UH, THEY'RE TEACHING US HOW TO MAKE COMPOST.

THEY SAID DO NOT PUT CAT POOP IN THE COMPOST.

IT'S GOT TOXINS IN THE MANURE.

THEY SAID, YOU DO NOT WANT TO ADD THAT.

OKAY, WELL I'VE HAD PROBLEMS. I QUIT MAKING THE COMPOST BECAUSE IT'S KIND OF HARD TO DO.

IT'S A LOT OF WORK, BUT KNOWING THAT YOU GOT TOXINS IN THE CAT POOP, YOU DANG SURE DON'T WANT THEM IN YOUR VEGETABLE GARDEN.

AND THIS HAS BEEN AN ONGOING PROBLEM FOR ME AND IT'S GOTTA STOP, YOU KNOW, FERAL CATS, YOU KNOW WHAT, WHAT CAN I DO? YOU CATCH 'EM AND RELEASE 'EM.

AND I GOT RID OF ONE LAST YEAR, WHICH I SHOULDN'T HAVE DONE.

I WASN'T UP TO, UP TO THE STANDARDS ON HOW YOU'RE SUPPOSED TO TAKE CARE OF CATS.

AND I GOT RID OF ONE AND I FOUND OUT LATER IT MIGHT HAVE BEEN MY NEIGHBOR'S CAT 'CAUSE THEY WERE MAD 'CAUSE THEY WERE MISSING.

AND I GOT FINED $500 AT CHAMBERS COUNTY COURTHOUSE FOR GETTING RID OF WHICH THEY, WE SURE IT WAS THEIR CAT, BUT I'M NOT SURE IT WAS.

BUT I ENDED UP GETTING CHARGED $500 FOR GETTING RID OF A CAT THAT'S POOPING IN MY GARDEN.

AND IT'S, THIS HAS BEEN AN ONGOING PROBLEM.

YOU NEED TO PUT A STOP TO IT, YOU KNOW, BAYTOWN POLICE TOLD ME THAT YOU HAVE A RIGHT TO PROTECT YOUR PROPERTY, BUT THAT'S, THERE'S AN EXCEPTION WHEN IT COMES TO CATS THE WAY IT SEEMS. SO WE NEED TO DO SOMETHING WHERE WE CONTROL THE FERAL CATS AND NOT HAVE 'EM RUN AROUND.

AND IF YOU TRAP ONE ONCE AND HAUL IT OFF SOMEPLACE, IT KNOWS TO STAY AWAY FROM TRAPS.

SO IT'LL COME BACK IN YOUR GARDEN AND POOP AGAIN.

BUT YOU WON'T BE ABLE TO CATCH IT IN A TRAP.

THIS IS ONGOING CAT PROBLEM.

THEY NEED TO PUT A STOP TO IT.

SO THAT SAID, I LIKE CATS.

I GREW UP WITH CATS, BUT I ALSO GOTTA TAKE CARE OF MY VEGETABLE GARDEN AND IT CAN'T HAVE 'EM RUNNING IN THERE IN AND OUT ALL THE TIME.

[00:55:02]

THAT'S ABOUT IT.

ALRIGHT, THANK YOU SIR.

THANKS FOR COMING.

YOU BET.

I'M NOT SURE IF THAT WAS A TESTIMONY OR A A THEY CALL IT A CONFESSION, BUT YES, EITHER WAY.

ALRIGHT, IS THERE ANY, ANY ADDITIONAL QUESTIONS FOR STAFF, UM, UH, FROM COUNCIL? AND SO, UH, COUNCILMAN LESTER, I WOULD SAY YOU RAISED SOME VERY GOOD, UM, ISSUES AND IF, IF YOU, IF THERE'S SOMETHING THAT YOU WANT TO MAKE IN A FORM OF A MOTION WITH A, WITH AMENDMENTS, NOT EVEN AMENDMENTS, JUST TO BE MOTION WITH THE THINGS YOU WANT TO INCLUDE.

YOU KNOW, AT THIS POINT I, I'M COMPLETELY COMFORTABLE THAT OUR CITIZENS COMMITTEE DID EVERYTHING THEY COULD.

IT'S TIME TO LEGISLATE BY COUNSEL AND SO I'M CERTAINLY OPEN TO ANY CHANGES THAT MAY BE NEEDED.

MAYBE NOT EVERYTHING YOU DISCUSSED, BUT, BUT, BUT I MEAN, I THINK THAT THE, THE FOUR STRIKES IS DEFINITELY ONE.

I THINK THAT'S DEFINITELY ONE AND A MICROCHIP.

AND I, I COULD GO THROUGH 'EM REAL QUICK IF SCOTT WANTS TO TAKE, TAKE SOME SHORTHAND AND HE'S GOT IT ON THE THING UM, 'CAUSE BECAUSE I, I, I AGREE WITH ON A SECOND.

GO AHEAD.

WELL, I, I DON'T UNDERSTAND WHAT WE'RE DOING.

SO WHAT I'M, I, I'M, UNLESS SOMEBODY CAN MAKE A MO UNLESS SOMEBODY'S WANNA MAKE A MOTION AS IS, WE CAN MAKE A MOTION AS IS MOVE TO APPROVE ITEM EIGHT A.

THEY COULD BE A SECOND AND THEN PEOPLE CAN ADD AMENDMENTS TO THIS SECOND.

SO THE MOTION IS SECOND FOR AS WRITTEN WHAT'S IN FRONT OF US.

ANY OTHER COUNCIL MEMBER NOW COULD ADD AMENDMENTS TO CHANGES TO THE ORDINANCES? WELL, THE MOTION IS AS IS, SO I DON'T, SO THAT WOULD HAVE TO CHANGE THE MOTION.

YOU MUST VOTE.

SO IT'S AN UP AND DOWN.

LITTLE MOTION ON THE TABLE THEN.

SO, AND BEEN SECONDED.

THE MOTION'S SECONDED.

ANY QUESTIONS OR COMMENTS ON THAT? IF NOT, THEN WE WILL, WE'LL, WE WILL CONSIDER THE MOTION THAT'S IN FRONT OF YOU.

I'M GONNA DO THIS BY A SHOW OF HANDS.

SO, UH, THIS IS ITEMS EIGHT A, A.

SO ALL THOSE IN FAVOR AS THE ORDINANCE AS PRESENTED, PLEASE RAISE YOUR RIGHT HAND.

THERE'S FOUR AND ALL THOSE OPPOSED, THE ITEM CARRIES.

SO WE, WE WILL PROCEED AS IS.

I WILL SWEAR, SUGGEST AS, UH, I BELIEVE THE CITIZEN MENTIONED, UH, THERE'S STILL WORK TO BE DONE.

TO B, CONSIDER ORDER AUTHORIZING A THREE YEAR RENEWAL OF STRATEGY REPORTING, PERFORMANCE MEASUREMENT, AND DATA VISUALIZATION SOFTWARE FROM INVISIO, MR. MARIN.

SO WE MAY HAVE TO REVISIT THIS IN SOME FORM OR FASHION IN THE FUTURE.

OKAY, I'LL CERTAINLY BEING OPEN TO THAT.

LET'S MOVE ON TO ITEM EIGHT

[b. Consider an ordinance authorizing a three-year renewal of strategy reporting, performance measurement, and data visualization software from Envisio. ]

HEY, GOOD EVENING MAYOR AND COUNCIL.

AS INDICATED EARLIER BY CITY MANAGER REYNOLDS, DURING THE COUNCIL AND BUDGET RETREATS, UH, CITY ADMINISTRATION IS WORKING TOWARDS BETTER ALIGNING DEPARTMENTAL GOALS, STRATEGIC AND LONG RANGE PLANS, COUNCIL PRIORITIES, AND THE BUDGET PROCESS.

UH, THE PRIMARY GOAL IS TO HELP BETTER FACILITATE, UH, BETTER DATA-DRIVEN DECISIONS ON CORE SERVICES AND MORE CLOSELY CONNECT THOSE TO CITYWIDE OBJECTIVES.

THE ENVISIA SOFTWARE WILL ALLOW STAFF, COUNCIL, ADMINISTRATION, UH, AND THE PUBLIC TO VISUALIZE AND TRACK PERFORMANCE MEASURES OVER TIME.

UH, CURRENTLY ON A TRIAL RUN, OUR POLICE DEPARTMENT HAS BEEN UTILIZING THIS PLATFORM, UH, TO TRACK THE PROGRESS OF THE IMPLEMENTATION OF THEIR STRATEGIC PLAN.

AND OUR FINANCE DEPARTMENT IS IN THE PROCESS OF UTILIZING INVISIO, UH, TO MEET THE ADDITIONAL PUBLIC REPORTING REQUIREMENTS FOR THE ARPA FUNDS THAT WE RECEIVED.

UH, THE LICENSE COSTS AROUND A LITTLE OVER $37,000 ON AN ANNUAL BASIS.

UM, IN FRONT OF YOU, YOU DO HAVE A RED LINED, UM, VERSION.

UM, WE DID LAPSE INTO OUR, OUR EXISTING AGREEMENT, AND SO THAT'S WHERE THE ADDITIONAL $2,700 COMES FROM.

UH, ANY QUESTIONS FOR STAFF? IF NOT, I ENTERTAIN A MOTION FOR ITEM EIGHT B AS PRESENTED.

THE MOTION SECOND.

OKAY, THEN ALL THOSE IN FAVOR OF ITEM EIGHT B, PLEASE SAY AYE.

ITEM NINE A CONSIDER RESOLUTION TRANSFERRING AND UN UNCOVERED APPROPRIATIONS IN THE FISCAL YEAR 21, 22, ABOUT THE BUDGET TO COVER BUDGET OVERRUNS IN THE GENERAL FUND, CAPITAL PROJECTS, FUNDS, AND SPECIAL REVENUE FUNDS.

OPPOSED? WE MOVE TO ITEM

[a. Consider a resolution transferring unencumbered appropriations in the Fiscal Year 2021-22 Adopted Budget to cover budget overruns in the General Fund, Capital Project Funds, and Special Revenue Funds.]

MS. MCKENZIE, UH, MAYOR AND COUNSEL, THIS IS THE, UM, BUDGET AMENDMENT FY 22.

IN CONJUNCTION WITH THE AUDIT, WE'RE TRANSFERRING 2.59 MILLION TO ENTERPRISE FUNDS AND 420, ABOUT 421,000 TO THE SPECIAL REVENUE FROM THE GENERAL FUND, WHICH TOTALS 3,019,754.

AND I'M HAPPY TO ANSWER ANY QUESTIONS IF YOU HAVE ANY.

DO YOU HAVE ANY QUESTIONS FOR STAFF OR MS. MCKENZIE? I HAVE NOT.

I WOULD CON, UH, CONSIDER MOTIONS FOR NINE A SECOND.

MOVE.

MOTION SECOND.

[01:00:01]

ANY QUESTIONS, COMMENTS? IF NOT ALL THOSE IN FAVOR? NON A IS PRESENTED, PLEASE SAY AYE.

RECEIVE THE CITY OF BAY TOWN'S COMPREHENSIVE ANNUAL FINANCIAL REPORT AND SINGLE AUDIT REPORT FOR THE FISCAL YEAR ENDING SEPTEMBER 30TH OF 22.

ALL THOSE OPPOSED, MOVE ON TO REPORTS ITEM 10, A'S

[a. Receive the City of Baytown's Comprehensive Annual Financial Report and Single Audit Report for the fiscal year ending September 30, 2022.]

MS. MCKENZIE, UM, MAYOR AND COUNCILOR, WE'RE HAPPY TO FINALLY PRESENT THE FY 22, UH, FINANCIAL AUDIT.

UM, WE HAVE ROBERT BE HERE FROM BELL HARRIS HERE TO PRESENT, AND HE'LL BE HAPPY TO ANSWER ANY QUESTIONS IF YOU HAVEN'T.

GOOD EVENING.

VERY HAPPY TO BE HERE TO PRESENT YOUR ANNUAL FINANCIAL REPORT.

VERY PLEASED TO ANNOUNCE IT'S A CLEAN UNMODIFIED OPINION WITH THE HIGHEST LEVEL ASSURANCE THAT WE CAN PROVIDE TO COUNSEL THAT ALL THE DISCLOSURES REQUIRED BY GENERALLY ACCEPTED ACCOUNTING PRINCIPLES HAVE BEEN INCLUDED AND THE FINANCIAL STATEMENTS ARE MATERIALLY CORRECT.

SO THAT IS EXACTLY THE TYPE OF OPINION, UH, YOU WANT TO BE, UH, RECEIVING TONIGHT.

AND THAT WILL ALLOW YOU TO GO ON AND ISSUE BONDS AND ALL THE OTHER GREAT THINGS THAT THE, THE CITY NEEDS TO DO TO OPERATE THE AFFAIRS OF THE CITY.

THERE'S A TREMENDOUS AMOUNT OF DATA WITHIN THE FINANCIAL REPORT.

I'M JUST GONNA POINT OUT A COUPLE OF NUMBERS TO YOU.

UM, YOU DON'T NEED TO FOLLOW ALONG WITH ME, BUT IF YOU WANT TO, ON PAGE 40 IS A STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE.

AND IN MY OPINION, THIS IS THE MOST CRITICAL PAGE WITHIN THE WHOLE DOCUMENT.

THE GENERAL FUND IS PRESENTED IN THE FAR LEFT HAND COLUMN.

REVENUES FOR THE YEAR CAME IN AT $127 MILLION.

EXPENDITURES CAME IN AT $111 MILLION.

UH, AFTER TAKING INTO ACCOUNT O OTHER FINANCING SOURCES AND USES, UH, THAT WAS A, A NEGATIVE $22 MILLION.

THE NET CHANGE IN FUND AMOUNTS FOR THE YEAR WAS 6,453,000 REDUCTION.

YOU BEGAN THE YEAR WITH FUND AMOUNTS OF 48,375,000, AND YOU ENDED THE YEAR WITH A FUND BALANCE OF $41,921,000.

AND AS YOU KNOW, FOR IN A GOVERNMENTAL ENTITY, THE PRIMARY INDICATOR OF FINANCIAL HEALTH IS THE FUND BALANCE NUMBER.

YOU WILL LOOK AT YOUR ENDING FUND BALANCE, COMPARE THAT TO YOUR TOTAL OPERATING EXPENDITURES TO DETERMINE HOW MANY DAYS OF OPERATING MONIES DO YOU HAVE ON HAND TO WEATHER, ANY TYPE OF CRISIS THAT MIGHT COME UP.

GENERALLY A 30 DAY RESERVE WOULD BE CONSIDERED GOOD.

60 DAYS OBVIOUSLY IS MUCH BETTER AND 90 DAYS WOULD BE VERY GOOD.

AND THE CITY IS CITY IN ABOUT 131 DAY RESERVE.

SO THAT IS AN EXCELLENT FINANCIAL POSITION TO BE IN.

SO THAT IS, UH, THE CITY IS TO BE COMMENDED FOR ITS STEWARDSHIP AND, UH, MAINTAINING SUCH HIGH FUND BALANCES.

SO THAT IS A GREAT PLACE TO BE.

SO THAT WAS A PRIMARY THING I WANTED YOU TO NOTE IN YOUR REPORT.

ALSO, THERE'S A SEPARATE BOUND REPORT.

IT'S CALLED THE SINGLE AUDIT REPORT.

ANYTIME YOU RECEIVE FEDERAL GRANTS, UH, OVER $750,000 TO CITY IS REQUIRED TO GO.

IT CAN HAVE CONDUCTED A SINGLE AUDIT.

YOU HAVE TO CONTRACT WITH YOUR EXTERNAL CPA TO CONDUCT AN AUDIT IN ACCORDANCE WITH THE FEDERAL GOVERNMENT'S GUIDELINES.

AND SO THAT'S WHAT THIS REPORT IS.

AND AGAIN, THIS IS A CLEAN UNMODIFIED REPORT.

THERE ARE NO FINDINGS WITHIN THIS REPORT REGARDING YOUR GRANT PROGRAMS. AND ALSO DID JUST NOTED THAT THE CITY HAD RECEIVED $6,325,000, UH, FOR THE YEAR IN FEDERAL GRANTS.

UH, WE WOULD CALL IT FREE MONEY, BUT THERE'S ALWAYS STRINGS ATTACHED.

BUT, UH, THAT IS A GOOD, THAT IS A GOOD SOURCE OF MONEY THAT DIDN'T COST THE CITIZENS, UH, ANYTHING.

AND SO THAT IS A GREAT THING TO HAVE.

UM, THAT CONCLUDES MY COMMENTS.

MORE THAN HAPPY TO ENTERTAIN ANY QUESTIONS CITY COUNCIL MAY HAVE.

ALRIGHT, IS THERE ANY QUESTIONS FOR MR. BELT? FOR MR. YES, FOR MR. BELT? IF NOT, UM, WE WILL CONSIDER THIS REPORT RECEIVED FOR ITEM 10 A.

WE'LL MOVE ON TO CONSENT.

MAYOR, MAYOR, JUST, UH, JUST FOR TRANSPARENCY PURPOSES, AS WE DID IN THE WORK SESSION, OKAY.

I DO WANT TO STATE FOR THE RECORD THAT THIS IS FOR THE FY 22 AUDIT.

THERE WAS A MATERIAL WEAKNESS, UH, WITH THIS AUDIT, UH, ONE BEING DUE TO THE FACT THAT, UH, UH, UNDE UNDETECTED MISSTATEMENTS.

WE ALSO HAD A TIMING ISSUE THAT THIS HAS TAKEN MUCH LONGER THAN NEEDED.

THAT WILL LEAD TO PROBABLY ANOTHER FINDING IN THE 23 AUDIT, UH, WHICH WE'LL START TOMORROW.

AND, UH, UH, DUE TO THE TIME THAT THIS, UH, HAS TAKEN, AND THERE WAS AN UNRESOLVED ISSUE, UH, WITH THE, UH, GRANT PORTION, UH, THAT WAS IDENTIFIED IN 21.

AND SO I JUST WANNA STATE THERE FOR THE RECORD.

ALRIGHT, THANK YOU SIR.

MOVE

[11. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.]

ON TO OUR CONSENT AGENDA, WHICH IS ITEMS, UH, 11 A THROUGH G.

UH, IS THERE ANY ITEMS THAT NEED TO BE PULLED INDIVIDUALLY? UM, C PLEASE.

SO FOR ITEMS C AND THE OTHER ITEMS THAT NEED TO BE CONSIDERED SEPARATELY, IF NOT, I WOULD ENTERTAIN A MOTION, UH, FOR APPROVAL CONSENT ITEMS A THROUGH G EXCEPT C, A MOTION TO APPROVE ITEM A THROUGH G EXCEPT FOR C SECOND.

OKAY, SO WE HAVE A MOTION TO SECOND.

SO ALL THOSE IN FAVOR OF

[01:05:01]

THE MOTION THAT THAT'S PRESENTED, PLEASE SAY AYE.

ALL THOSE OPPOSED? NOW WE HAVE ITEM, UM, 11

[c. Consider an ordinance authorizing a request for a Special Use Permit (SUP) to allow for a warehouse development within the General Commercial (GC) zoning district for approximately 46.4 acres of land located at 7128 E. IH 10.]

YES, MA'AM.

UM, MARTIN, JUST TWO QUESTIONS.

ONE, UM, WE DON'T TYPICALLY PUT, UH, A SPECIAL USE PERMIT FOR A WAREHOUSE DEVELOPMENT AND CONSENT AGENDA.

WAS THERE A REASON TO DO IT THIS TIME? THIS IS A HOUSEKEEPING ITEM OF AN ITEM.

SO THIS IS TO MODIFY THE ORDINANCE ITSELF THAT WAS PLACED BEFORE YOU AT THE LAST MEETING WHERE CONDITIONS WERE PLACED ON THAT PROPERTY BY THIS COUNCIL.

THIS IS THE ORDINANCE BEING REVISED, AND I, I'LL LOOK TO OUR CITY ATTORNEY JUST TO, TO GET THE THUMBS UP ON THAT.

BUT THIS WAS THE REVISED ORDINANCE TO REFLECT THOSE CONDITIONS.

SO PUBLIC HEARING HAS ALREADY BEEN HELD, UM, DECISION HAS ALREADY BEEN MADE, AND SO WE FELT THAT AS A HOUSEKEEPING ITEM THAT WAS APPROPRIATE TO PUT ON CONSENT.

OKAY, SO JUST TO REPEAT SO I'M CLEAR, IT'S NOT, UM, A VOTE FOR THE SPECIAL USE PERMIT.

IT IS A VOTE FOR A REVISION OF A SPECIAL USE PERMIT THAT WE ALREADY APPROVED.

THAT IT IS TO CLARIFY THE CHANGES THAT YOU GUYS MADE TO THAT ORDINANCE AND TO PUT IT, TO MEMORIALIZE IT IN WRITING.

DOES THE P AND Z COMMITTEE SEE THE REVISION TO, OR IS IT JUST COME TO US? NO, IT JUST COMES TO YOU BECAUSE THEY GAVE THEIR RECOMMENDATION AND THAT DIDN'T CHANGE.

UM, I'M NOT AWARE OF THE REVISION.

WOULD YOU MIND JUST, UM, REVIEWING IT BRIEFLY? UH, THERE WERE CONDITIONS.

I CAN, I CAN GENERALIZE IT.

SO IN THE LAST MEETING, UH, THIS, THIS, THIS USE PERMIT, THERE WAS A DEVELOPMENTAL THAT WAS GONNA TAKE PLACE.

UH, WHAT I WANTED TO SEE WAS AN ENHANCED, UH, BUILDING MATERIAL, PARTICULARLY THE FACADE WITH INCREASED MASONRY AND GLASS, UM, I GUESS ADDITIONS.

AND SO THE DEVELOPER DID AGREE TO THAT.

AND THEN THE BEST USE PERMIT WAS CONSIDERED AND COUNSEL DID APPROVE.

UH, MR. MAYOR, I JUST WANTED TO CLARIFY FOR COUNSEL, THE REASON THAT IT'S COME BACK IS BECAUSE WE HAD TO RE-NOTICE IT BECAUSE THERE'S A, UH, 10 DAY NOTICE PERIOD REQUIRED FOR ANY ORDINANCE THAT MAY HAVE A PENALTY ASSOCIATED WITH IT.

IF WE, THE LEGAL DEPARTMENT, ME IN PARTICULAR, UH, HAD BEEN ABLE TO GET THIS REVISION DONE A DAY OR TWO AFTER THE COUNCIL MEETING, IT WOULD NOT HAVE COME BACK.

ALRIGHT, SO DON, WE CONSIDER ITEM 11 C ON CHAIR MOTION FOR APPROVAL 11 C, MOVE TO APPROVAL.

11 C SIR.

MOTION SECOND.

ANY QUESTIONS, COMMENTS? EXCUSE ME.

CONSENT.

ALL THOSE IN FAVOR OF 11 C PLEASE SAY AYE.

FIRST IS 12 A'S CONSIDER RESOLUTION NOMINATING REPRESENTATIVE TO SERVE ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT.

MS. OPPOSED? I.

CARRIE, WE'LL MOVE ON TO APPOINTMENTS.

THE

[a. Consider a resolution nominating a representative to serve on the Board of Directors of the Harris County Appraisal District.]

UH, THE BEST, TO MY BEST KNOWLEDGE, NO OTHER NAMES WERE PRESENTED.

UH, THIS, THIS PARTICULAR APPOINTMENT HAS BEEN POSTED.

I THINK THIS IS AT LEAST THE THIRD MEETING, JIM ROBINSON IS THE APPOINTMENT THAT WE WOULD BE MAKING IN A SENSE BY DEFAULT, UH, FOR THE ROLE THAT OUR COUNSEL COULD, COULD, UM, I GUESS YOU WOULD SAY, UH, SUBMIT A NAME.

SO I WOULD, UH, ENTERTAIN A MOTION FOR, TO NOMINATE JIM ROBINSON TO CONTINUE IN THAT CAPACITY.

ANY QUESTIONS OR COMMENTS? NONE.

ALL IN FAVOR OF JIM ROBINSON AS OUR, I GUESS OUR NOMINEE, UH, TO HCA PLEASE SAY A AYE.

OPPOSED, WE'LL MOVE ON TO ITEM 12

[b. Consider a resolution nominating a representative to serve on the Board of Directors of the Chambers County Appraisal District. ]

B IS GONNA BE THE SAME SITUATION.

UH, THIS WOULD BE THE CHAMBERS COUNTY APPRAISAL DISTRICT.

UH, THE NAME THAT WAS PRESENTED IS RICHARD LEWIS.

SO, UM, IF ANYBODY WANTS TO JUST GIVE A BACKGROUND ON MR. LEWIS BEFORE WE CONSIDER HIS NAME AS OUR NOMINEE.

YEAH, MR. LEWIS IS A, HE'S A RESIDENT IN, IN BON HURST.

SO BAYTOWN RESIDENT THAT LIVES ON THE CHAMBERS COUNTY SIDE AND ACTUALLY DOES SOME HOME INSPECTIONS.

FAMILIAR WITH REAL ESTATE, UM, SOMEWHAT SO.

UM, I THINK HE'S A GOOD, GOOD PERSON TO PUT FORTH FROM BAYTOWN.

ALRIGHT, I DO APPRECIATE THE NOMINATION.

UH, ANY OTHER NOMINATIONS? IF, IF NOT ALL IN FAVOR OF NOMINATING RICHARD LEWIS? I MAKE A MOTION.

PLEASE MAKE A MOTION.

WE, WE NOMINATE RICHARD LEWIS.

SECOND A MOTION.

ANY QUESTIONS OR COMMENTS? ALL THOSE IN FAVOR OF, OF MR. LEWIS AS OUR NOMINEE FOR THE CHAMBERS COUNTY APPRAISAL DISTRICT? PLEASE SAY AYE.

RESOLUTION, UH, FOR 12 CA DESIGNATED REPRESENTATIVE AND AN ALTERNATE FOR THE GENERAL ASSEMBLY FOR THE HOUSTON GALVESTON AREA COUNCIL FOR THE YEAR 2024.

OPPOSED? OPPOSED, MR. LEWIS? I WOULD SAY CONGRATULATIONS, BUT, UH, I THINK WE GET LIKE 50 VOTES, THREE VOTES, WHICH IT JUST ADDS TO THE POLL, BUT, OKAY.

SO CONSIDER

[c. Consider a resolution designating a representative and an alternate for the General Assembly of the Houston-Galveston Area Council for the year 2024.]

UM, SO I WILL CONTINUE TO, UM, KEEP THINGS WHERE THEY ARE WITH COUNCILWOMAN LAURA DORADO, SERVING IN THE PRIMARY CAPACITY AND MYSELF AS AN ALTERNATE.

SO I'LL MOVE FOR I GUESS, APPROVAL OF, OF THAT SAME SCENARIO.

MOTION TO APPROVE ITEM 12 C, SECOND MOTION, SECOND QUESTION.

COMMENTS? THOSE IN FAVOR OF THOSE APPOINTMENTS? FATHER PHE C IS PRESENTED.

PLEASE SAY AYE.

ON TO OUR MANAGER'S REPORT.

OPPOSED? WE'LL MOVE

[13. MANAGER'S REPORT Notice is hereby given in accordance with Section 551.0415 of the Texas Government Code, the City Council of the City of Baytown may receive a report about items of community interest from City staff and/or a member of the City Council, but no action or possible action shall be taken or discussed concerning the subject of such report, except as provided by Section 551.042 of the Texas Government Code.]

[01:10:03]

THANK YOU MAYOR.

COUNSEL, UH, JUST HAVE A FEW THINGS.

UH, FIRST I WANT TO GIVE A SHOUT OUT TO, UH, PARKS AND REC AND EVERYBODY ELSE THAT WAS INVOLVED WITH, UH, HOSTING THE G***O FEST.

IT WAS A BIG SUCCESS.

THANK YOU FOR THOSE THAT, UH, WERE ABLE TO MAKE IT, UH, LOOK FORWARD TO THE PARTY NEXT YEAR AS WELL, UH, THIS WEEKEND IF YOU WANNA GET INVOLVED.

WE ALSO HAVE THE NURTURE NATURE FEST, UH, AT THE, UH, UH, NATURE CENTER, UH, SATURDAY FROM 10 TO FOUR.

AND THEN IF YOU WANT TO CONTINUE PARTYING, UH, YOU HAVE THE OCTOBER FEST IN THE TOWN SQUARE FROM FIVE TO 10 AS WELL.

UH, I WANT TO GIVE A SHOUT OUT TO THOMAS AND HIS TEAM FOR THE NEW WEBSITE.

SO THE CITY DOES HAVE A NEW WEBSITE, PLEASE, UH, IF YOU GET A CHANCE, GO CHECK IT OUT.

IT LOOKS FANTASTIC.

AND THEN FINALLY, UH, CAN CONTINUE ON WITH THE PLANNING DEPARTMENT MONOPOLIZING, UH, THE DAY.

UH, THANK YOU TO MARTIN AND HIS TEAM FOR HOSTING THE, UH, ART DISTRICT BLUEPRINT, UH, MEETING LAST NIGHT.

UH, IT WAS, UH, A SUCCESS I THINK AND A LOT OF GREAT INPUT AND, UH, THANK YOU TO THE COUNCIL MEMBERS THAT SHOWED UP AND, UH, PARTICIPATED IN THAT EVENT AS WELL.

AND THEN I HAVE TWO THINGS THAT I'D LIKE TO HIGHLIGHT.

UM, ONE MONDAY EVENING, UH, SERGEANT BREEDING RESPONDED TO A TARGET WHERE AN OFFENDER CARJACKED A VEHICLE AFTER A FAILED FIRST ATTEMPT ON ANOTHER VEHICLE OCCUPIED BY A MOTHER AND HER CHILD.

UH, A SHORT TIME LATER THAT STOLEN VEHICLE WAS LOCATED BY OUR, OUR FLOCK LPRS, UH, SERGEANT BREEDING ENGAGED THE, UH, IN A VEHICLE PURSUIT THAT RESULTED, UH, RESULTED IN THE SUSPECT'S ARRESTS.

SO, UH, SHOUT OUT TO SERGEANT BREEDING AND, UH, UH, THE POLICE DEPARTMENT FOR THAT.

AND THEN THOSE THAT I REALLY LOVE, THIS IS FROM A CITIZEN WRITING INTO THE POLICE DEPARTMENT.

UH, UH, THE CITIZEN DOES APOLOGIZE FOR NOT WRITING THE NAMES OF THE OFFICERS, OFFICERS, UH, BUT, UH, HE WANTS TO SAY THAT THE TWO OFFICERS ASSISTED, UH, AND THEY WERE VERY POLITE AND HELPFUL AND UNDERSTANDING.

THEY WENT OUT OF THEIR WAY TO HELP US, EVEN TO THE POINT OF CALLING A RECORD FOR US AND GIVING US TRANSPORTATION TO DISCOUNT TIRE WHERE OUR TRUCK WAS TAKEN.

IN THIS DAY AND TIME OF LOOKING FOR SOMETHING TO COMPLAIN ABOUT WITHIN THE POLICE DEPARTMENT, WE WANTED YOU TO KNOW THAT THESE TWO OFFICERS DID YOUR CITY AND DEPARTMENT PROUD.

WE HAVE ALWAYS SUPPORTED LAW ENFORCEMENT, AND YOUR OFFICERS JUST REINFORCED THE REASONS WHY WE COULD NOT SAY ENOUGH ABOUT, UH, THEIR COURTESY AND UNDERSTANDING AND THE ASSISTANCE THAT THEY PROVIDED.

SO ANOTHER SHOUT OUT TO THE, TO THE POLICE DEPARTMENT.

AND I ALWAYS LOVE WHEN THE CITIZENS REACH OUT WITH COMPLIMENTS.

IT IS GREAT TO SEE.

AND THAT'S ALL I HAVE FOR TODAY, MAYOR.

YES, I, GO AHEAD.

I WANT TO, STRESS KIND WENT OVER THAT REAL QUICK.

THE CARJACKING ISSUE.

YES, THE, THE APPREHENSION AND SUCCESSFUL COMPLETION THAT WAS DUE TO THE FLOCK CAMERAS.

YOU WOULD GET A LOT OF PUSHBACK ON THAT TYPE STUFF.

AND IT'S KIND OF LIKE, THIS IS JUST ANOTHER EXAMPLE OF WHEN WE GIVE OUR POLICE DEPARTMENT THE RIGHT TOOLS, GOOD THINGS HAPPEN.

SO KUDOS TO THE OFFICERS INVOLVED, BUT KUDOS TO OUR TECHNOLOGY IMPROVEMENTS AS WELL.

NEXT WE HAVE, UH, WE RECEIVE, UH, THE REPORT FROM OUR COUNCIL MEMBER SARAH GRAHAM OF DISTRICT NUMBER TWO.

ANYTHING ELSE MR. MAYOR? NO, I'M TRYING TO GO FAST, MA'AM.

I GET IT.

[a. Receive a report from Council Member Sarah Graham regarding projects, programs and events in District No. 2. ]

YES MA'AM.

I'M GONNA GO AS SLOW AS POSSIBLE.

I'M JUST KIDDING.