* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [ CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 24, 2020 6:30 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET, BAYTOWN, TEXAS 77520 Due to the COVID 19 Disaster and the CDC's recommendation regarding social distancing measures, the public may not be allowed to be physically present at this meeting, as there is a limited amount of space when maintaining the required 6-feet separation from others. For those members of the public that cannot or do not wish to be physically present at the meeting, they will be able to participate through two-way communications. For video conferencing, use the following website www.zoom.com, click on "join a meeting" on the top right-hand corner, and input the following Meeting ID: 874 7982 4443. For telephone conferencing please use the following toll-free number: 1-888-788-0099, Meeting ID: 874 7982 4443. Any person, who is participating through video/teleconferencing and is interested in speaking on any item on the agenda, must submit his/her request via email to the City Clerk at cityclerk@baytown.org. The request must include the speaker's name, address, and phone number that will be used if teleconferencing as well as the agenda item number. The request must be received prior to the posted time of the meeting. The agenda packet is accessible to the public in both HTML and PDF formats at the following link: https://www.baytown.org/city-hall/city-clerk/agendas-minutes. After the meeting, a video recording of this meeting will be made available to the public at https://www.baytown.org/city-hall/city-clerk/agendas-minutes. AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM PLEDGE AND INVOCATION Council Member Heather Betancourth, District No. Four ] [00:00:07] SO, AND I'LL CALL THIS MEETING OF THE BAYTOWN CITY COUNCIL TO ORDER. IT'S THURSDAY, SEPTEMBER 24TH. IT IS 6:33 PM WE ARE IN BAYTOWN CITY HALL COUNCIL CHAMBERS. WE DO HAVE A QUORUM. WE'LL BE LED TONIGHT IN OUR PLEDGE OF INVOCATION BY COUNCIL MEMBER HEATHER BENORTH. GOOD EVENING, PLEASE, UH, RECITE THE PLEDGE ALLEGIANCE WITH ME. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL, HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE. LET'S BOW OUR HEADS IN PRAYER. THANK YOU, HEAVENLY FATHER, FOR WHERE YOU HAVE PLACED US AT. THIS TIME. WHERE WE LIVE IS NO ACCIDENT, SO BLESS OUR COMMUNITY AND THAT NEIGHBOR WILL EMBRACE NEIGHBOR. THE STRONG WILL STAND FOR THE WEAK. THE YOUNG WILL RESPECT THE OLD. THE CAPABLE WILL ASSESS THE UNABLE. AND I PRAY THAT OUR HOMES WILL BE SAFE. HAVENS OF FRIENDSHIP, KINDNESS, AND COMPASSION. NO ONE WILL GO UNNOTICED AND LIVES HERE WILL BE CHANGED. IN JESUS NAME, AMEN. AMEN. AMEN. THANK YOU, COUNCIL. OKAY, [a. Recognize City of Baytown Employees for their Years of Service.] WE'LL MOVE ON TO OUR ITEM ONE, A RECOGNITION OF OUR CITY OF BAYTOWN EMPLOYEES, UH, MS. FLINT. UH, YES, GOOD EVENING, COUNSEL. UH, TONIGHT WE MADE ONE MORE SMALL TWEAK TO OUR EMPLOYEE SERVICE AWARD PRESENTATION, AND WE HAVE ACTUALLY MADE IT INTO A FULL VIDEO. UM, SO I WILL BEGIN IT. BRIAN MCDOUGALL, FIELD SUPERVISOR WITH PUBLIC WORKS AND ENGINEERING, JUAN MACAS, ENGINEER WITH PUBLIC WORKS AND ENGINEERING. DAVID FUENTES, CONSTRUCTION INSPECTOR WITH PUBLIC WORKS AND ENGINEERING. JOEY BENEFITS LOPEZ, HR GENERALIST WITH HUMAN RESOURCES. ADRIAN SOTO, PATROL OFFICER WITH THE POLICE DEPARTMENT. CODY FERRAN, PATROL OFFICER WITH THE POLICE DEPARTMENT. RODERICK EDWARDS, PATROL OFFICER WITH THE POLICE DEPARTMENT. BENJAMIN RILEY, TELECOMMUNICATIONS SUPERVISOR WITH THE POLICE DEPARTMENT. OKAY. NO. OKAY. THANK YOU AGAIN FOR OUR THANK YOU AGAIN, MS. FLINT, AND, UH, CERTAINLY FOR OUR DEDICATED CITY OF BAYTOWN EMPLOYEES. [a. Consider an ordinance adopting the tax rate for General Fund Maintenance and Operations at $0.484 per $100 valuation for the fiscal year ending September 30, 2021, and adopting the tax rate for Debt Service at $0.31115 per $100 for the fiscal year ending September 30, 2021.] MOVE ON TO ITEM TWO A, CONSIDER AN ORDINANCE ADOPTING THE TAX RATE FOR THE GENERAL FUND MAINTENANCE AND OPERATIONS AT 0.484 PER $100 VALUATION FOR THE FISCAL YEAR ENDING IN SEPTEMBER 30TH, 2021 IN ADOPTION OF THE TAX RATE FOR DEBT SERVICE AT 0.31115 PER $100 FOR THE FISCAL YEAR ENDING SEPTEMBER 30TH, 2021. YES, SIR. THANK YOU VERY MUCH, MR. MAYOR, IF YOU REMEMBER OF OUR LAST MEETING, YOU RECEIVED THE FINAL VALUATIONS FROM ARO COUNTY AND ALSO CONSIDERED THE NO NEW REVENUE TAX RATE AND THE VOTER APPROVAL TAX RATE. AND WE NOTED THAT THOSE WERE BOTH SIGNIFICANTLY HIGHER THAN YOUR CURRENT TAX RATE IN THE CITY. UM, I ALSO PROMISED THAT THAT MEETING TO CONSIDER THAT FURTHER IN THE CONTEXT OF THE BUDGET THAT YOU HAVE JUST SET, UH, AND VERY, VERY CLEAR POLICY DIRECTION TO FURTHER LIGHTEN THE LOAD FOR LOCAL TAXPAYERS. UH, TO THAT END, MR. ME, I'M VERY PLEASED TO PROPOSE A REDUCTION IN THE RATE TONIGHT TO 79.52 CENTS. THAT'S A REDUCTION OF ABOUT TWO THIRDS OF ASCENT ON THE CURRENT RATE, AND IT WILL PUT US AT OVER 2.50 CENTS LESS THAN THE VOTER APPROVAL RATE. SO IT WILL ALSO BE THE LOWEST TAX RATE IN THE CITY OF BAYTOWN IN 10 YEARS. MOREOVER, WE WILL BE USING LESS TAX DOLLARS TO PAY DOWN ON DEBT THAN SINCE 2008. AND IF YOU REMEMBER, SIR, THAT WAS THE START OF THE GREAT RECESSION THAT WE TALK ABOUT THE GLOBAL FINANCIAL CRISIS. SO WE HAVE ROLLED BACK TO THEN [00:05:01] IN THE MIDST OF YET ANOTHER GLOBAL ECONOMIC CRISIS WITH A BUDGET THAT INVESTS HEAVILY ON LOCAL INFRASTRUCTURE. I WOULD SUGGEST, SIR, THAT WE CAN DO THIS AS REMARKABLE. UH, IT GIVES ME VERY GREAT PLEASURE, THEREFORE, TO RECOMMEND THIS ORDINANCE TO YOU. THANK YOU, UH, SIR, FOR, FOR THIS, AND, AND, UH, YOU KNOW, I, I KNOW IT WAS ASKED. I KNOW IT, IT'S CERTAINLY FROM THE FINANCE COMMITTEE AND FROM CITIZENS OBVIOUSLY, AND FROM OUR COUNCIL. UH, WE CONTINUE TO WANT TO GO AND PROVIDE ALL THE SERVICES THAT WE NEED, CORE SERVICES, UH, PLAN FOR GROWTH, UH, GARTH ROAD WHINING AND OTHER STUFF THAT WE HAVE PUT INTO THIS, THIS YEAR'S BUDGET. BUT TO BE ABLE TO DO THAT AND IN TURN STILL REDUCE THE TAX RATE, ALTHOUGH INCREMENTAL, IT DOES SHOW, I BELIEVE, GOOD STEWARDSHIP AND THAT OUR, OUR TREND IS TO GET TO A TAX RATE THAT, THAT, UH, WE BELIEVE IS COMPETITIVE. UH, RECENTLY, I, I SPOKE WITH SOME OF MY PEERS AND, UH, WHEN I MENTIONED THAT WE, WE CONTINUE TO LOOK, THIS IS THE THIRD TAX REDUCTION THAT WE'VE DONE, UH, OVER THE PAST THREE YEARS. SO I REALLY APPLAUD COUNCIL AND STAFF FOR THAT. UM, BUT WHEN I TALK TO MY PEERS ABOUT THE CITY OF BAYTOWN, WHAT WE'RE DOING, ADDRESSING GROWTH AND STILL LOWING THE TAX RATE, THEY JUST LOOK AT ME LIKE IT'S JUST SOME KIND OF FOREIGN LANGUAGE. LIKE, WHY ARE YOU DOING THAT? AND, UH, I THINK WE NEED, I THINK THAT WE'VE BEEN RESPONSIBLE WITH, WITH OUR FUNDS FROM THE TAXPAYERS. UH, AND CERTAINLY I'M PROUD THAT, THAT THIS BUDGET WE'RE ADDRESSING A LOT OF GROWTH, A LOT OF RECONSTRUCTION. AND SO WITH THAT, I, I DO APPLAUD STAFF AND CERTAINLY YOU, YOU YOURSELF SERVE FOR GOING AND TAKING THE APPROACH TO KNOW THAT IF WE CAN DO WHAT WE NEED TO DO AND RETURN AS MUCH MONEY AS WE CAN EACH YEAR TO THE CITIZENS OF BAYTOWN, I WOULD CERTAINLY APPRECIATE THAT AND YOUR EFFORT, UH, SINCE YOU'VE BEEN ON BOARD. APPRECIATE IT. THANK YOU. SO I DO APPRECIATE THAT THE FINANCE COMMITTEE AND OBVIOUSLY OUR CITY MANAGER. SO WITH THAT, UM, I THINK THERE IS AN ORDINANCE THAT WE WILL, I WILL CERTAINLY CONSIDER A, A MOTION ON MOVE TO APPROVE ITEM TWO. A SECOND. WE HAVE A MOTION IN MULTIPLE SECONDS. YES. I WONDER WHY. YEAH, BUT I DO APPLAUD AND I THINK IT'S A GREAT DEAL. SO THERE'S A MOTION, THERE IS A SECOND. ANY QUESTIONS OR ADDITIONAL COMMENTS WITH THAT NOT BEING SAID THEN, UH, ALL THOSE IN FAVOR OF ITEM TWO A FOR A TAX REDUCTION FOR THE CITY CITIZENS AND TAXPAYERS OF BAYTOWN, PLEASE SAY AYE. AYE. ALL THOSE OPPOSED? THANK YOU VERY MUCH. AND WE CONTINUE TO TREND TOWARDS THE DIRECTION WE WANT TO HEAD. ALRIGHT, WE HAVE A [b. Consider an ordinance awarding a construction contract to Construction Masters of Houston, Inc., for the Animal Services and Adoption Shelter Project.] ITEM TWO B. CONSIDER AN ORDINANCE AWARDING A CONSTRUCTION CONTRACT TO, TO CONSTRUCTION MASTERS OF HOUSTON INC. FOR THE ANIMAL SERVICE AND ADOPTION SHELTER PROJECT. YES, MA'AM. GOOD EVENING. ANDREA BRINKLEY WITH THE PUBLIC WORKS AND ENGINEERING DEPARTMENT. SO JUST WANTED TO SHOW A FEW SLIDES OF RENDERINGS OF THE FACILITY AS I TALK ABOUT, UH, THIS ITEM, THIS PROJECT WAS, UH, BASICALLY AN ALTERNATIVE DELIVERY PROJECT WITH A COMPETITIVE SEALED PROPOSAL PROGRAM. AND THIS IS OFFERED THROUGH THE LOCAL GOVERNMENT CODE. AND THIS IS A BEST VALUE CONSIDERATION RATHER THAN THE LOWEST PRICE. AND THE WAY THAT WE DETERMINE THAT IS THROUGH SEVERAL ITEMS, UH, OF CONSIDERATION HERE. AND THESE ARE EVALUATION CRITERIA. THEY'RE INCLUDED IN THE BID DOCUMENTS AND, UM, THE CONTRACTORS THAT HAVE RESPONDED AND PROVIDED PROPOSALS, EACH RESPONDED ON ALL OF THESE ITEMS. SO THE CONSIDERATIONS ARE FOR COST, THE ABILITY TO MEET, SCHEDULE, THEIR EXPERIENCE AND QUALIFICATIONS, EXPERIENCE WITH SUBCONTRACTOR TEAMS, PAST REPUTATION, THE ABILITY TO DELIVER THE PROJECT ON SCHEDULE AND THEIR QUALITY ASSURANCE AND SAFETY PROGRAMS. SO THOSE WERE THE CONSIDERATIONS THAT WE, OR THE CRITERIA THAT WE EVALUATED THE CONTRACTORS ON. WE HAD EIGHT PROPOSING CONTRACTORS AND THE PRICES THAT WERE PROPOSED WERE BETWEEN 6.2 MILLION AND 6.6 IS A VERY TIGHTLY, UM, PACKED, UH, PROPOSAL CONSIDERATION HERE. THREE OF THE BEST, UH, SCORING FIRMS WERE INTERVIEWED, AND THE HIGHEST SCORING FIRM IS CONSTRUCTION MASTERS OF HOUSTON. AND THEY HAVE RECEIVED THE HIGHEST EVALUATION SCORE OF 90 OUT OF A HUNDRED POINTS. SO BASED ON THAT, WE TOOK A LOOK AT THE CONSIDERATION OF COST AND WHAT WE HAD WAS ADVANTAGEOUS PRICING. SO WE WERE ABLE TO ADD BACK CERTAIN THINGS INTO THE PROJECT THAT WERE IMPORTANT, LIKE SHADE CANOPIES IN OUR GET TO KNOW YOU AREAS. ALSO, WE TOOK A LOOK AT THE PRICING THAT WAS PROVIDED FOR CONCRETE PAVING, LIGHTING AND DRAINAGE, AND WE WERE ABLE TO SUCCESSFULLY NEGOTIATE A POST BID, UH, AMENDMENT OF ABOUT A $302,000 VALUE. WE WILL HOLD THAT UNTIL THE END OF THE CONSTRUCTION JUST TO MAKE SURE THAT NOTHING ELSE GOES ON. BUT THE, THE TOTAL CONSIDERATION FOR THE CONTRACT, THE CONTRACT AMOUNT THAT WE'RE PROPOSING TONIGHT IS 6.5, UH, SORRY, 606,532,983 AND 73 CENTS. SO THE CONSTRUCTION, UH, TIME AND DURATION IS 494 DAYS, WHICH IS ABOUT 16 AND A HALF MONTHS. [00:10:01] WE ARE PLANNING A, UM, SMALL GROUNDBREAKING IF THIS SHOULD MEET YOUR APPROVAL AND, UH, THOSE, UH, DATES WILL GO OUT. BUT JUST WANTED TO BRING YOUR ATTENTION. THIS IS THE FRONT ENTRY THAT IS PICTURED, THIS IS THE SIGNAGE THAT WE HAVE THAT WE HOPE IS VERY PROMINENT ALONG LINEAR DRIVE, AND THIS IS JUST ANOTHER TAKE OF IT AT NIGHT, OF COURSE WILL BE WELL LIT AS WELL. AND THAT'S THE END OF MY REPORT. ALRIGHT, WELL THANK, THANK YOU CERTAINLY FOR THE, THE, UH, THE UPDATED, I, YOU KNOW, WHAT I SEE HERE IS, IS A LITTLE DIFFERENT FROM OBVIOUSLY WHAT WAS PRESENTED. THINGS HAVE BEEN REFINED. MY UNDERSTANDING, UM, PRICES WERE FAVORABLE AND WE WERE ABLE TO GO AND, AND ADD ADDITIONAL OPTIONS. SO I DO BELIEVE THIS FACILITY EXACTLY, KIND OF THE PERSPECTIVE THAT WE WANNA DO WITH ANY OF OUR FACILITIES IS TRY TO, TO CERTAINLY TRY TO MAKE IT A FIRST CLASS FACILITY AND, AND VERY, UH, OR ADD AS MANY AMENITIES AS POSSIBLE AND TO MAKE IT VERY PRESENTABLE TO THE TAXPAYERS THAT, THAT IT IS A NICE FACILITY AND, AND CERTAINLY, UM, WE HAVE CERTAINLY OUTGROWN OUR CURRENT FACILITY AND IT IS A, IT'S A FACILITY THAT WE CAN BE PROUD OF. AND SO I CERTAINLY APPLAUD YOUR WORK PERSONALLY AND, UH, AND EVERYONE, UH, THAT, THAT HAS BROUGHT FORTH THIS PROJECT IN THIS MANNER. SO WITH THAT, UM, I WOULD ENTERTAIN A MOTION FOR ITEM TWO B AS PRESENTED. MOTION. SHOULD DO IT FOR, AGAIN, WE HAVE MO MULTIPLE MOTIONS AND MULTIPLE SECONDS. THAT'S TO, THAT'S FOR OUR CITY CLERK TO FIGURE OUT. I'LL TRY MY BEST. ALRIGHT. BUT CERTAINLY IT IS CERTAINLY A NICE FACILITY AND WE CERTAINLY LOOK FORWARD TO, UM, OUR ANIMAL SERVICE AND ADOPTION CENTER AND THE, THE THINGS THAT WE'LL DO FOR OUR ANIMAL POPULATION IN BAYTOWN AND THE NEW PROGRAMS. I MEAN, WE'VE REALLY TURNED THE CORNER. IF YOU LOOK AT THE PAST FEW YEARS, UH, WE REALLY TURNED THE CORNER, UM, OF HOW WE APPROACH THINGS. UM, THERE, THERE'S CERTAINLY INITIATIVES THAT WE HAVE THAT, THAT WHEN WE THOUGHT ABOUT 2025, NO KILL SHELTER, THOSE INITIATIVES, WE'VE MADE A LOT OF HEADWAY A LOT FASTER THAN I THOUGHT WE WOULD, WOULD THAN WE WOULD AS A, AS A CITY. AND SO WE STILL, I THINK WITH PROGRAMMING AND THE RIGHT PARTNERSHIPS AND THIS FACILITY, I THINK IT WILL GET US THERE EVEN QUICKER. SO I DO APPRECIATE ALL THAT. SO WITH THAT, UM, WE HAVE A MOTION TO SECOND MULTIPLE MOTIONS, MULTIPLE SECONDS. ALL THOSE IN FAVOR. ITEM TWO B AS PRESENTED, PLEASE SAY AYE. AYE. ALL THOSE OPPOSED. ALRIGHT. AND I BELIEVE, DID YOU MENTION THE, UH, THE GROUNDBREAKING, I KNOW IT'S GONNA BE SMALL BECAUSE OF OUR ENVIRONMENT. I DON'T WANNA STEAL ANYBODY'S CURRENT SUMMER, BUT IT WILL BE, UM, OCTOBER NINE, WHICH IS A FRIDAY. OKAY. ALRIGHT. WE DO APPRECIATE THAT. THANK YOU. WE ARE CERTAINLY EXCITED FOR THAT. ALRIGHT, [a. Consider an ordinance accepting the donation of approximately 8.6 acres of land out of the W.G. Bayliss 50-acre tract in the William Scott Lower league, Abstract 65, Harris County, Texas, from the Dittman Family for park purposes.] [b. Consider a resolution naming the 8.6-acre park property dedicated by the Dittman Family as the Dittman Family Park.] WE MOVE ON, ON TO ITEM THREE A, CONSIDER AN ORDINANCE ACCEPTING THE DONATION OF APPROXIMATELY 8.6 ACRES OF LAND OUT OF THE WG BAYLESS 50 ACRE TRACK IN THE WILLIAM SCOTT LOWER LEAGUE ABSTRACT 65 HARRIS COUNTY, TEXAS FROM THE DITMAN FAMILY FOR PARK PURPOSE USES MR. JOHNSON. I THINK WE CAN PROBABLY DO A AND B TOGETHER. OKAY, WELL, HEY, IT SOUNDS GOOD TO ME. UM, THE PROPOSED ORDINANCE ACCEPTS THE DONATION OF APPROXIMATELY 8.6 ACRES FROM THE DITMAN FAMILY FOR PARK PURPOSES. THE PROPERTY IS BEING CONVEYED, BEING CONVEYED IS LOCATED ALONG KILGORE ROAD AND ADJACENT TO APPROXIMATELY 10.95 ACRES PREVIOUSLY DONATED TO THE CITY BY DAVID ROGERS. THE PROPERTY IS ADJACENT TO CEDAR BOW AND WILL PROVIDE ADDITIONAL ACCESS TO BOW FOR OUR CITIZENS. UM, THE ACCEPTANCE OF THE DEED NOT ONLY DESIGNATES THE PROPERTY AS A PUBLIC PARK, BUT ALSO OBLIGATES THE CITY TO NAME THE PROPERTY. DITMAN FAMILY PARK. THE PARKS AND REC BOARD APPROVED ON AUGUST THE FIFTH. UH, IF WE'RE EVER GONNA DO A, UH, PADDLING OR A BLUE TRAIL, UM, YOU KNOW, YOU CAN SEE WE GOTTA, WE GOTTA START PICKING UP PIECES OF PROPERTY ALONG CEDAR BIO. SO THIS IS ANOTHER STEP IN THAT WAY. ALRIGHT, WE DO APPRECIATE THAT AND APPRECIATE THE PARKS BOARD. SO I, I ENTERTAIN A MOTION FOR ITEM THREE A AND B TOGETHER FOR, UM, FOR THIS PARTICULAR PROJECT. MOVE TO APPROVE. SECOND. SECOND. WE HAVE A MOTION TO SECOND. THANK YOU COUNCILMAN HESSEL. UM, ANY QUESTIONS OR COMMENTS ON EITHER OF THESE TWO ITEMS? I JUST THINK IT'S GREAT THAT WE'RE TRYING TO GET A HOLD OF THIS GETTING LUCKY, ACTUALLY GET A HOLD OF THIS WATERFRONT PROPERTY. THERE'S A LOT, IT'S LOW LYING, BUT THERE'S A LOT WE CAN DO WITH THAT OVER THE YEAR. MM-HMM . AND A LOT WE CAN DO FOR PUBLIC ACCESS. WELL, THERE, THAT'S TRUE. I WOULD AGREE. THERE'S, THERE'S NO DOUBT WE ARE, WE HAVE AREAS OF LOW LYING PROPERTY, BUT WE HAVE A LOT OF PEOPLE WHO LIKE ACTIVITIES THAT ARE WATER BASED AND EXACTLY. SO HAVING ACCESS THAT WE'VE ALWAYS BEEN TOLD FOR THE PAST DECADE OR TWO IS THAT IS AN AMENITY AND THAT'S SOMETHING WE HAVE TO CONTINUE TO TAKE ADVANTAGE OF. SO WITH THAT, I THINK, UH, CERTAINLY THE DITMAN FAMILY BEEN ALONG AROUND A LONG TIME IN BAYTOWN AND SO WE CERTAINLY APPRECIATE THEIR GENEROSITY IN, IN THEIR DONATION TO THE CITY. AND WE WILL BE GOOD STEWARDS OF THIS PROPERTY. THAT'S CORRECT. SO WITH THAT, ALL THOSE IN FAVOR, ITEM THREE AND B IS PRESENTED, PLEASE SAY AYE. AYE. ALL THOSE OPPOSED? [a. Consider a resolution casting the City of Baytown's ballot for the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election.] ALRIGHT, WE HAVE ITEM FOUR A CONSIDER RESOLUTION CASTING THE CITY OF BAYTOWN BALLOT FOR THE [00:15:01] TML, UH, TEXAS MUNICIPAL LEAGUE, INTERGOVERNMENTAL RISK POOL, BOARD OF TRUSTEES ELECTION, MS. BRI. SO AT YOUR PLACES YOU HAVE A RESOLUTION AND ON THE END IT'S RED LINE TO INDICATE STAFF'S RECOMMENDATION. THESE ARE THE INCUMBENTS. AND, UM, IF YOU APPROVE THOSE FOUR, UM, PERSONS, THEN YOU CAN JUST REFER TO, UM, THE, UH, THE RESOLUTION AT, AT YOUR PLACE FOR YOUR MOTION. OKAY. AND JUST FOR THE RECORD, SO IT LOOKS LIKE THE, THE FOUR INDIVIDUALS THAT ARE BEING PRESENTED TO, TO BAYTOWN CITY COUNCIL FOR APPROVAL, IF I'M NOT MISTAKEN, IS ROBERT HER HERTA. MM-HMM . JOHN FULLEN, JEFFREY SNYDER AND ROBERT HAWK. YES, SIR. THAT'S CORRECT. UH, JUST FOR THE RECORD, SO I WOULD ENTERTAIN A MOTION FOR THIS ITEM AS PRESENTED WITH THESE FOUR INDIVIDUALS AS, UM, TRUSTEES FOR THE TML RISK POOL BOARD. MOVE TO APPROVE ITEM FOUR, A SECOND MOVE. MOTION A SECOND. ANY QUESTIONS OR COMMENTS? ALL THOSE IN FAVOR OF ITEM FOUR A AS PRESENTED, PLEASE SAY AYE. AYE. ALL THOSE OPPOSED? ALRIGHT, [5. 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.] WE'LL MOVE ON ALREADY WITH THE CONSENT AGENDA. THAT'S WHAT I'M TALKING ABOUT. REALLY GOOD. VERY THICK. I SIGNED EVERY ONE OF THESE AND I RAN OUTTA INK, BUT IT IS ITEM FIVE A THROUGH. LOOKS LIKE IT'S V. SO THERE'S ANY INDIVIDUAL ITEMS THAT COUNSEL NEEDS TO PULL OUT FOR INDIVIDUAL DISCUSSION. IF NOT, I WOULD ENTERTAIN A MOTION FOR CONSENT. CONSENT AGENDA ITEMS FIVE A THROUGH B. MOTION TO APPROVE ITEM CONSENT. AGENDA ITEMS FIVE A THROUGH V AS IN VAN. SECOND. SECOND. MOTION TO SECOND. OKAY. ALL THOSE IN FAVOR OF THE CONSENT AGENDAS PRESENTED, PLEASE SAY AYE. AYE. ALL THOSE OPPOSED? ALRIGHT, [a. Consider confirmation of the City Manager's appointment of the City Attorney.] WE'LL MOVE ON TO ITEM SIX A. CONSIDER A CONFIRMATION OF THE CITY MANAGER'S APPOINTMENT OF THE CITY ATTORNEY, MR. DAVIS. WELL, I'M, THIS IS, THIS IS ACTUALLY ONE OF THE MOST, UM, I THINK, UH, PLEASURABLE THINGS I'VE BEEN ABLE TO DO SINCE I'VE BEEN HERE, UH, WITH THE CITY. UM, I'VE WORKED WITH KAREN HORNER FOR OVER FIVE YEARS, BUT NEVER LIKE I HAVE OVER THE LAST SIX MONTHS. AND THAT HAS PROVIDED ME, UH, AN OPPORTUNITY TO, UH, RENEW MY, UH, ACQUAINTANCE WITH, WITH HER AND UNDERSTAND EXACTLY HOW SHE WORKS AND THE KIND OF PERSON THAT SHE IS. I CAN TELL YOU THAT, UM, THERE ARE FEW PEOPLE I'VE MET IN MY CAREER WITH THE LEVEL OF INTEGRITY AND DEDICATION, UH, AS, AS KAREN HORNER. NOT ONLY THAT, BUT SHE HAS A GOODNESS ABOUT HER THIS VERY, VERY HARD TO IGNORE AND THAT GOES INTO EVERYTHING SHE DOES. SO WITH THAT, I, UH, ENTHUSIASTICALLY SUBMIT HER NAME FOR CONSIDERATION AS CITY ATTORNEY AND RECOGNIZE OUR PREVIOUS CITY ATTORNEY ALSO. AND, UH, THANK HIM FOR, UH, PROVIDING, UH, KAREN WITH, UH, MENTORING THAT WAS NEEDED TO GET HER UP TO THIS, THIS POINT. SO WITH THAT, UH, STAFF RECOMMENDS APPROVAL. ALRIGHT, MR. CITY MANAGER. I, I DO APPRECIATE THAT AS, UH, FIRST I'LL ENTERTAIN A MOTION, UH, FOR ITEM SIX A AS PRESENTED. MOVE, APPROVE, SECOND, SECOND. A MOTION AND MULTIPLE SECONDS. UH, SO THEN AT THAT POINT, IS THERE ANY QUESTIONS OR COMMENTS THAT WE MAY HAVE REGARDING, UH, THIS APPOINTMENT? WELL, I, I'LL JUST SAY WELCOME KAREN. WE'VE WORKED WITH YOU QUITE A BIT AND WE'RE LOOKING FORWARD TO WORKING WITH YOU AS CITY ATTORNEY AND I'VE KNOWN KAREN FOR A WHILE. SHE'S VERY GRACIOUS AND WE CERTAINLY CAN'T GO WRONG WITH KAREN AS OUR CITY ATTORNEY, AND IT'S NICE TO SEE IGNACIO AS WELL TONIGHT. MAY. YES, MA'AM. UM, I JUST HAD TO THANK IGNACIO FOR HIS TIME, UH, SERVING AS OUR ATTORNEY AND WE WISH YOU WELL. AND KAREN, WELCOME. I'D JUST LIKE TO SAY THERE'S JUST A LOT OF CONFIDENCE UP HERE IN YOUR ABILITY TO TAKE THE REINS A LOT IN THE GROUP AND WITH RICK A LOT. AND HE'S, IF YOU LOST WEIGHT, YOU'RE LIKE SLIMMING AROUND . WOW. KAREN, I'D JUST LIKE TO SAY CONGRATULATIONS. THIS IS QUITE AN ACCOMPLISHMENT, UH, FOR YOUR CAREER AND YOU SHOULD BE VERY PROUD OF YOURSELF. YES, SIR. UH, CONGRATULATIONS, KAREN. UH, I THINK THIS HAS BEEN A LONG TIME COMING. WE'VE THROWN A LOT, A LOT OF STUFF THAT, THAT YOU AND IGNACIO AND THE STAFF AND WE CAN ALWAYS COUNT ON WHENEVER YOU CARRY THE BALL, WE COME UP WITH THE RIGHT ANSWER, WE COME UP WITH DETAILED INFORMATION THAT GUIDES US TO WHAT WE NEED TO DO AND THE DIRECTION WE NEED TO GO. SO I THINK THIS IS A GREAT MOVE AND I'M, I'M GLAD YOU'RE THERE FOR IT. THANK YOU, MA'AM. YES, SIR. UM, CONGRATULATIONS. THANK YOU FOR WHAT YOU'VE DONE, AND THANK YOU FOR WHAT YOU'RE GOING TO CONTINUE TO DO. UM, AS RICK SAID, A PERSON OF INTEGRITY AND NOTHING MORE CAN BE SAID. I'M, I, I'M TRULY HAPPY FOR YOU. CONGRATULATIONS. [00:20:01] OKAY, KAREN. UM, I'LL, I'LL OFFER, I GUESS ADDITIONAL INSIGHT. SO ONE THING AS MAYOR IS YOU REALLY DEAL A LOT WITH THE CITY ATTORNEY, BUT WE ARE, WE ARE CERTAINLY GLAD TO SEE OUR PREVIOUS CITY ATTORNEY, IGNACIO RAMIREZ AND HIS WIFE HERE, UH, THIS EVENING. OBVIOUSLY THEY, THEY WORKED ALONGSIDE FOR 25 PLUS YEARS, UH, IN DIFFERENT CAPACITIES, UH, HERE FOR THE CITY. MY INSIGHT THAT I'VE EXPERIENCED WITH, WITH MS. HORNER OVER THE PAST, UH, I GUESS SIX, ALMOST SEVEN MONTHS TIME FLIES IN A, I GUESS IN A PANDEMIC. UM, BUT SINCE MARCH, UH, IN A SENSE KAREN HAS REALLY TAKEN THE REINS, UH, I'VE SEEN, UH, A LOT OF REALLY GOOD QUALITIES THAT I THINK THAT THE CITIZENS OF BAYTOWN DESERVE IN A CITY ATTORNEY. UH, I BELIEVE THAT SHE'S SOLUTION DRIVEN, UH, LOTS OF TIMES. WE HAVE A LOT OF LEGALITIES THAT ARE VERY CHALLENGING AND KAREN HAS HELPED US, YOU KNOW, REALLY TRY TO NAVIGATE THROUGH, THROUGH SOME OF THAT. UM, KAREN IS CERTAINLY DEDICATED BY FAR. UM, I'M NOT SURE HOW MUCH TIME YOU PUT HERE, BUT IT, IT, I WOULD ALMOST SAY IT'S TOO MUCH. BUT YOU WERE CERTAINLY DEDICATED, UH, EVEN, EVEN IN THE HURRICANE. LAURA, KAREN WAS THERE EVERY STEP OF THE WAY, ALMOST OUT OF HER ELEMENT WHEN IT COMES TO EMERGENCY OPERATIONS. BUT AS FAR AS THERE'S, THERE IS STILL A, A LEGAL PERSPECTIVE EVEN IN A DISASTER. AND KAREN PERFORMED WELL. SHE HAD HER, SHE HAD HER GO GO-BAG WITH HER, AND SHE WAS READY TO SERVE THE CITIZENS OF BAYTOWN. SO I CERTAINLY WILL WISH HER THE BEST IN HER NEW CAPACITY. I'M VERY PROUD TO GO AND, AND HAVE HER CONTINUE ON, AND I THINK THAT'S A BENEFIT TO THE CITIZENS OF BAYTOWN. ONE THING THAT KAREN'S KAREN BRINGS TO THE TABLE, UH, BESIDES, BESIDES THE EXPERIENCE AND, AND LEGAL EXPERTISE, IS SHE HAS KNOWLEDGE, UH, OF THINGS THAT HAVE THAT TRANSPIRE OVER DECADES, SOMETIMES IN THE CITY OF BAYTOWN. AND, AND, UH, THAT, THAT IS VALUABLE. IT'S VALUABLE, CERTAINLY AS, AS YOU GOVERN, UM, THE CITIZENS OF BAYTOWN. BUT CERTAINLY FROM A, FROM A LEGAL STANDPOINT, KAREN, YOU, YOU UNDERSTAND WHEN THINGS COME BACK FIVE OR 10 YEARS LATER, SHE ALREADY CAN RUN WITH, WITH WHAT WHAT HAS BEEN PRESENTED FROM A LEGAL STANDPOINT. SO, SO WITH THAT, I WILL SAY I CERTAINLY WILL CONGRATULATE THE ACTION OF COUNSEL THAT, UH, HOPEFULLY WILL HAPPEN HERE IN JUST A SECOND. I WISH YOU THE VERY BEST AND HAVE ALL THE CONFIDENCE THAT YOU WILL PERFORM VERY WELL FOR THE CITIZENS OF BAYTOWN. SO WITH THAT, UM, I BELIEVE WE HAVE A MOTION AND MULTIPLE SECONDS. SO WITH, WITH ALL THOSE, UM, UH, IN FAVOR OF APPOINTING MS. KAREN HORNER TO THE POSITION OF CITY ATTORNEY FOR THE CITY OF BAYTOWN, PLEASE SAY AYE AYE. AND I'M ASSUMING THEY'RE BETTER ABOUT NOT BE ANY NOS . SO WITH THAT, I CONGRATULATE YOU. THANK YOU . REALLY, CONGRATULATIONS. WE WE'RE TRYING TO JUST IN CASE YOU KNEW, THAT WOULD BE ILLEGAL, YOU KNOW, IT'S ALRIGHT. IT IS, IT'S A REALLY GOOD MOMENT IN BAYTOWN TONIGHT. THIS REALLY IS KAREN, I HOPE YOU, I HOPE YOU ENJOY IT. REMEMBER IT. OKAY. SO WE WILL MOVE ON TO OUR MANAGER'S REPORT. DO YOU HAVE ANYTHING TO REPORT RECENTLY? ACTUALLY, I HAVE SOME THANK YOUS TO OKAY. TO GIVE OUT TO FOLKS. THIS IS, UH, AFTER ALL, OH, OH, SORRY. READY? BEFORE WE GET TO THAT, [b. Consider five (5) appointments to the Animal Control Advisory Committee.] MY FAULT, I'M SORRY. OH, WE HAVE TO, YES, KAREN DIDN'T STOP ME, BUT, SO ITEM SIX B, WE ARE NOT YET READY FOR, I'M NOT SURE. IT SAYS NO ACTION REQUIRED UNLESS WE THINK WE NEED TO TAKE FORMAL ACTION, BUT THE ITEM IS NOT PREPARED, SO WE WILL NOT ADDRESS IT. NO. OKAY. ALRIGHT, WE MOVE ON TO [7. 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.] ITEM TO SEVEN, OUR MANAGED REPORT. YES, SIR. OH, THANK YOU. UM, YES, AGAIN, CONGRATULATIONS, KAREN. WE, I BRING YOU ONLY THE VERY, VERY BEST. AND SO, UH, UH, THE, OH, I DIDN'T KNOW, UH, KAREN'S DAD IS HERE. OH, WOW. AWESOME. RIGHT? UH, SO THANK MARY MR. DAVIS. THANK YOU, SIR. MR. DAVIS, HER DAUGHTERS ARE ON ZOOM ALSO CAROLINE AND MARGARET. OH, OH, OKAY. AND RECOGNIZE HER DAUGHTER, BOTH OF THEM. THE BOILER MAKER AND THE AGGIE. I AM SURE THAT THEY, I'M SURE THEY, THEY BROKE FROM THEIR STUDIES, BUT THEY'RE, THEY REALLY WANNA WITNESS THIS, SO. ALRIGHT. WOW. OH, WOW. SO KAREN, WHO IS NOT RELATED TO YOU OUT THERE, . WELL THAT'S GREAT. THANK YOU ALL FOR BEING HERE. [00:25:01] THAT THAT MEANS A LOT TO ALL OF US, THAT YOU TAKE TIME TO BE HERE AND, UH, DON'T BE A STRANGER. UH, UM, THERE'LL BE OTHER TIMES WHEN YOU'LL WANT TO SEE KAREN IN ACTION. SO, UH, MAKE SURE YOU COME BACK. SPEAKING OF ACTION, UH, REALLY, UH, JUST A SHOUT OUT TO OUR PARKS AND REC CREW THAT HAVE BEEN MANAGING OUR FARMER'S MARKET. JUST A COUPLE OF, UH, NUMBERS TO SHARE WITH YOU. CHANTELLE WILLIAMS AND, AND HER CREW HAVE JUST BEEN DOING A GREAT JOB. WE LOOK FORWARD TO OCTOBER, ALMOST ALL OF THE 29 VENDORS SOLD OUT. THAT IS, UH, AMAZING. UM, THE ATTENDANCE WAS AT ITS HIGHEST AND, UH, JUST, I CAN GO OVER MORE AND MORE NUMBERS, UH, BUT IT HAS BEEN A TREMENDOUS SUCCESS AND YOU CAN SEE THIS EVENT CONTINUING TO GROW AND TO BECOME POPULAR IN TOWN. I'M SO GLAD THAT WE'VE BEEN ABLE TO DO THAT, ESPECIALLY IN THE ENVIRONMENT THAT WE'VE BEEN. YOU WOULD THINK THAT THE NUMBERS WOULD'VE BEEN DOWN, BUT IT'S BEEN A ROARING SUCCESS. I'M GLAD WE'RE GONNA CONTINUE THAT. ALSO, UH, A SHOUT OUT TO OUR AQUATICS STAFF, YOU WOULD THINK WITH, WITH PIRATES BABY AND, UH, UH, SHUT DOWN AND, AND KIND OF A DAMPER BEEN PUT ON OUR AQUATICS PROGRAM FOR THE YEAR THAT THEY WOULD'VE LIGHTENED UP. THAT IS NOT, UH, UH, THE, UH, CASE AT ALL. THE AQUATICS DIVISION WAS AWARDED AN A OAP LIFE JACKET SAFETY GRANT. JESSICA BIRCH, JILL GREER AND JENNA STEVENSON ALL PRESENTED AT THE 2020 WORLD WATERPARK ASSOCIATION SYMPOSIUM, VIRTUALLY, OF COURSE. AND JENNA WAS AWARDED COMPETITOR AQUATIC DIRECTOR OF THE MONTH, AND SHE ALSO PASSED HER RED CROSS LIFEGUARD INSTRUCTOR TRAINING CERTIFICATION. SO CONGRATULATIONS TO OUR AQUATIC STAFF, ESPECIALLY JENNA, UH, FOR CONTINUING TO STRIVE, GROW, AND, UH, GET PREPARED FOR WHAT IS GOING TO BE AN ABSOLUTELY GREAT 2021 SEASON. I CAN FEEL THAT RIGHT NOW. UH, ALSO, UH, SHOUT OUT TO, UH, UH, OFFICER AN, UH, ANGELICA STUBBLEFIELD. IS THAT ALRIGHT? CORRECT. OKAY. ANGELICA STUBBLEFIELD, UM, ACTUALLY ASSISTANT CHIEF WHITAKER PASSED THIS ON TO ME. HE SAID HE HAD SPOKEN TO A CITIZEN ON SEPTEMBER 15TH WHO WANTED TO EXPRESS HIS SINCERE APPRECIATION AND ADMIRATION OF OFFICER STUBBLEFIELD. SHE'S A TRAINEE, BY THE WAY, AND SHE WAS AT A MOTOR VEHICLE ACCIDENT THAT OCCURRED, UH, THE DAY BEFORE ON THE 14TH AT, UH, 1 46 AND 1405. HE TOLD ME THAT THE OFFICER WAS VERY COURTEOUS AND PROFESSIONAL AND SEEMED TO ENJOY PROVIDING A HIGH LEVEL OF CUSTOMER SERVICE. BOY, I'LL TELL YOU, IF THEY CAN HIT THE GROUND RUNNING LIKE THAT, THAT'S MAKES US VERY OPTIMISTIC ABOUT THEIR, UH, CAREER WITH US. UH, SO, UH, KUDOS TO HER. UH, ALSO, UH, THIS IS ONE THAT'S GENERALLY TO OUR HR, UH, PEOPLE. IS, UH, CAROL STILL HERE, OR, OH, CAROL, THIS IS FOR YOU AND JOEY. BENEFITS AND EVERYBODY. OKAY. UH, UH, AGAIN, ASSISTANT CHIEF, UH, WHITAKER, WHO HAS GRASPED, UH, EVIDENTLY OUR CULTURE OF GRATITUDE HAS SENT OUT ANOTHER THANK YOU, UH, SAYING I WANTED TO SEND A PERSONAL NOTE TO EACH ONE OF YOU TO THANK, UH, YOU FOR YOUR ASSISTANT THIS PAST FRIDAY. THAT WAS ON SEPTEMBER THE 11TH IN CONDUCTING OUR TESTING PROCEDURES. I THOUGHT ALL OF IT WENT WELL, AND I WAS IMPRESSED. I KNOW YOU GUYS PUT IN A GREAT DEAL OF WORK ON THIS EVEN MORE THAN NORMAL, AND I DIDN'T WANT YOU TO GO UNRECOGNIZED. WHAT I OBSERVED WAS A GREAT EXAMPLE OF OUR CORE VALUES, ESPECIALLY TEAMWORK. I AM THANKFUL FOR ALL YOU DO AND ALL YOU DO FOR THE EMPLOYEES OF THE CITY OF BAYTOWN. SO KUDOS TO HR FOR PROVIDING A SUPERIOR LEVEL OF, UH, CUSTOMER SERVICE. UH, ALSO, UH, A SHOUT OUT TO OUR PARKS AND RECREATION CREWS. UH, OVER SEPTEMBER 11TH AND 12TH, THEY HOSTED A SOFTBALL TOURNAMENT THAT BROUGHT IN 1,170 PLAYERS TO OUR SPORTS COMPLEX. SO THAT, THAT'S THE KIND OF THING THAT REALLY PUTS US ON THE MAP WITH THESE TOURNAMENTS IS TO HAVE THAT KIND OF, UH, REPRESENTATION. 90 TEAMS COMPETED AND THEY JUST DID A FANTASTIC JOB PUTTING THAT TOGETHER. UH, ALSO JUST, UH, A FINALLY A SHOUT OUT TO PRINCIPAL PLANNING MANAGER, FRANCESCA LINDER. YOU MIGHT KNOW HER AS FRANKIE, IS THAT RIGHT? MM-HMM . YEAH. MM-HMM . UH, FOR HER OUTSTANDING WORK, UH, ON THE CENSUS. UH, SHE HAS, SHE HAS REALLY DONE A GREAT JOB IN DRIVING OUR CENSUS AND, UH, APPRECIATE ALL THE EXTRA WORK THAT SHE [00:30:01] HAS, UH, PUT INTO THAT. AND WITH THAT MAYOR AND COUNSEL, THAT IS ALL I HAVE FOR TONIGHT. YES, MA'AM. I HAVE A COMMENT AND THINK, UH, SPEAKING OF FRANCESCA, I JUST WANTED TO MENTION THAT WE DO HAVE THE CENSUS BLOWOUT BASH ON SATURDAY AT BERGERON PARK. SO THE CITY OF BAYTOWN, OF COURSE, IS PARTNERING WITH THE FRED AGUILAR PROMISE CENTER. AND, UM, IF Y'ALL HAVE A MOMENT TO STOP BY, WE ARE ENCOURAGING PEOPLE TO PLEASE FILL OUT THEIR CENSUS AS THEY ARE DUE BY SEPTEMBER THE 30TH. SO. EXCELLENT. ALRIGHT. STAND UP OF THE ACCOUNT. WHAT TIME IS THAT? YES, IT'LL BE FROM 10 TO 12 AT BERGON PARK. ALRIGHT. THANK YOU MS. VAR. THANK YOU. OKAY. ANY, ANY OTHER ADDITIONAL COMMENTS, I GUESS, ON MANAGE REPORT? OKAY. WITH THAT, UH, WITH THE CITY COUNCIL ADDRESSING ALL POSTED AGENDA ITEMS, THIS MEETING IS NOW DURING, I WAS SAYING SEVEN. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.