[00:00:03]
SO,[ CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 22, 2021 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: 828 3743 3765. For telephone conferencing please use the following toll-free number: 1-888-788-0099, Meeting ID: 828 3743 3765. 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 Jacob Powell, District No. Five ]
I'LL CALL THIS MEETING THE BAYTOWN CITY COUNCIL ORDER.IT IS, UH, APRIL 22ND, 6:34 PM WE ARE IN BAYTOWN CITY HALL COUNCIL CHAMBERS.
WE'LL BE, WE WILL BE LED IN OUR PLEDGE AND INVOCATION TONIGHT BY COUNCIL MEMBER JACOB POWELL.
DISTRICT NUMBER FIVE, PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR RICHARD STANDS, ONE NATION UNDER GOD, INVISIBLE WITH LIBERTY AND JUSTICE FOR ALL ON THE TEXAS FLAG.
I PLEDGE ALLEGIANCE TO BE TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.
DO YOU WANT ME IN PRAYER? DEAR LORD, WE THANK YOU FOR THIS EVENING.
WE JUST THANK YOU THAT WE HAVE ANOTHER OPPORTUNITY TO GATHER TOGETHER AND, UH, DISCUSS THE ITEMS ON THE AGENDA BEFORE US.
AND LORD, I PRAY THAT AS WE HAVE THESE DISCUSSIONS, THAT WE JUST HAVE, UH, OPEN EARS, UH, TO, TO LISTEN TO ONE ANOTHER.
AND GOD, I PRAY THAT EVERY DECISION WE MAKE IS, IS GLORIFYING TO YOU.
LORD, WE JUST THANK YOU FOR ALL OF OUR MANY BLESSINGS.
WE LIFT UP ALL OF OUR FIRST RESPONDERS.
UH, JUST PRAY FOR SAFETY FOR THOSE.
AND, UH, WE PRAY ALL THESE THINGS IN YOUR SON JESUS' NAME.
[1. MINUTES]
SO WE HAVE APPROVAL OF THE MINUTES.UM, I BELIEVE IT'S ITEMS A, B, AND C.
I ENTERTAIN A MOTION FOR ALL THREE.
MOVE TO APPROVE ITEMS ONE, A, B, AND C.
ANY QUESTIONS OR COMMENTS OR ABSTENTIONS? IF NOT ALL THOSE IN FAVOR OF THE ITEMS PRESENTED, PLEASE SAY AYE.
[a. Recognize City of Baytown Employees for their Years of Service.]
WE'LL MOVE ON TO ITEM TWO A.RECOGNIZE THE CITY OF BAYTOWN EMPLOYEES FOR THE YEARS OF SERVICE, MR. WILLIAMS. OKAY.
RONNIE DEMPSEY, HEAVY EQUIPMENT SPECIALIST, ONE WITH PUBLIC WORKS AND ENGINEERING.
KEN PASQUA, PATROL OFFICER WITH THE POLICE DEPARTMENT.
AUSTIN LEVEL PATROL OFFICER WITH THE POLICE DEPARTMENT.
HOLLY PINKSTON, ADMINISTRATIVE ASSISTANT WITH THE PARKS AND RECREATION DEPARTMENT FOR TANYA HENDERSON.
BAWA FIELD SUPERVISOR WITH PUBLIC WORKS AND ENGINEERING DEPARTMENT LABS.
LANCE WATKINS, DETECTIVE WITH THE BAYTOWN POLICE DEPARTMENT.
CAMERON BIRCH, DETECTIVE WITH THE BAYTOWN POLICE DEPARTMENT.
[b. Present the 3rd and 4th of July Celebration schedule and entertainment for 2021.]
RIGHT.WE HAVE ITEM TWO B PRESENT THE THIRD PRESENT, THE THIRD AND 4TH OF JULY.
CELEBRATION, SCHEDULE, AND ENTERTAINMENT FOR 2021.
WELL, WE'RE EXCITED THAT IT'S TIME TO ANNOUNCE THE 4TH OF JULY, UH, CELEBRATION.
I BELIEVE, UH, LLOYD IS GONNA LOAD UP A COMMERCIAL HERE.
CELEBRATE THE 4TH OF JULY THIS YEAR AT BICENTENNIAL PARK IN BAYTOWN, TEXAS.
WE WELCOME TO THE STAGE AUSTIN'S OWN.
THE PETERSON BROTHERS CAN BUY YOU TIME.
AND FOR THE FIRST TIME IN BAYTOWN WAR, MY ECLIPSE, A TRIBUTE TO JOURNEY AND SUPERGROUP, ROOTS AND BOOTS, FEATURING COUNTRY SUPERSTARS, SAMMY KERSHAW, AARON TIPTON, AND COLIN RAY.
SO BRING THE FAMILY OUT FOR TWO DAYS OF FUN, FELLOWSHIP AND FIREWISE.
FOR MORE INFORMATION, VISIT BAYTOWN.ORG/JULY FOURTH.
WE'RE ALSO GONNA HAVE SOME GREAT FIREWORKS THIS YEAR.
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WE'RE REALLY LOOKING FORWARD TO BEING BACK IN THE PARK IN REAL LIVE, UH, CELEBRATION AND HAVING, UH, WE HAVE A GREAT LINEUP AND WE WILL HAVE MORE DETAILS AS WE GET CLOSER TO THE 4TH OF JULY, BUT, UH, WE'RE VERY EXCITED ABOUT WHAT WE HAVE LINED UP.[a. Conduct a first public hearing regarding the proposed annexation of approximately 71.66 acres consisting of approximately 69.50 acres of land, legally described as Tract 37A-5, Abstract 21, G. Ellis Survey, Baytown, Harris County, Texas, along with approximately 2.16 acres being the entire width of N. Main Street right-of-way extending northwards approximately 1335.01 feet from the current city limits. ]
ON TO ITEM THREE A, CONDUCT THE FIRST PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION, APPROXIMATELY 71.66 ACRES OF LAND.DO I HAVE A SCRIPT FOR THAT CONSIST OF APPROXIMATELY 69.50 ACRES OF LAND THAT LEGALLY DESCRIBED AS TRACK 37 A DASH FIVE ABSTRACT 21 GL SURVEY, BAY TOWN, HARRIS COUNTY, TEXAS, ALONG WITH APPROXIMATELY 2 1 6 ACRES BEING THE ENTIRE WIDTH OF NORTH MAIN STREET RIGHT OF WAY, EXTENDING NORTHWARDS APPROXIMATELY, UH, 1335.01 FEET FROM THE CURRENT CITY LIMITS.
UH, THANK YOU MARTIN SCRIBNER FROM, UH, PLANNING AND DEVELOPMENT SERVICES.
UM, AS YOU CAN SEE, THIS IS ALMOST 72 ACRES, UH, ON NORTH MAIN.
AND THIS IS GOING THROUGH THE ANNEXATION PROCESS AS WELL AS THE REZONE PROCESS, WHICH WILL ALLOW FOR A PROPOSED, UH, SINGLE FAMILY, UH, DETACHED HOME DEVELOPMENT OF, UH, 266 LOTS.
UH, AND, UH, WE ARE GOING THROUGH THAT PROCESS, UH, WITH, UH, PLANNING AND ZONING COMMISSION AT THIS TIME.
SO YOU WILL SEE THAT, UH, BEFORE YOU IN THE VERY NEAR FUTURE.
UM, OTHERWISE IT'S A PRETTY STRAIGHTFORWARD ANNEXATION.
UH, AND, UH, I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
OKAY, WELL, BEFORE YOU DO THAT, SO THIS PUBLIC HEARING TODAY IS BEING HELD FOR THE PURPOSE OF GIVING ALL INTEREST PERSONS THE RIGHT TO EXPRESS THEIR VIEWS REGARDING THE SUBJECT OF THIS PUBLIC HEARING.
EVERYONE DESIRING TO BE PART OF TODAY'S HEARING SHOULD HAVE EITHER SIGNED THE APPROPRIATE LIST IN THE FOYER OR EMAILED THE CITY CLERK PRIOR TO THE POSTED TIME OF THIS MEETING.
EACH PARTICIPANT SHALL GIVE HIS OR HER NAME AND ADDRESS AN ORDER TO PROVIDE A PROPER RECORD OF THIS HEARING.
THE RULES OF THE RULES ALLOW EACH PERSON THREE MINUTES TO PRESENT INFORMATION.
HOWEVER, I ENCOURAGE EVERYONE TO BE AS BRIEF AND TO THE POINT AS POSSIBLE.
IF YOU ARE A GROUP OF PERSONS WISHING TO ADDRESS THE COUNSEL ON THE SAME SUBJECT, PLEASE SELECT A SPOKESPERSON TO PRESENT INFORMATION.
AND IF, IF ANYONE HAS ANY QUESTIONS, PLEASE DIRECT 'EM TO ME.
SO, UM, AS YOU HEARD ALREADY, UH, FROM STAFF OF SUMMARIZING THE SUBJECT MATTER OF THIS PUBLIC HEARING, UH, AND, UH, UNLESS YOU HAVE ANY QUESTIONS ON THAT, UM, IT'S JUST A HEARING, BUT IF NOT THERE BEING NO ONE DECIDING TO SPEAK OR SIGNED UP FOR THIS ITEM, I NOT CLOSE THIS FIRST PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION OF APPROXIMATELY 71.66 ACRES.
[b. Consider an ordinance authorizing a Service Agreement with Earl W. Wilburn, Jr., concerning approximately 71.66 acres consisting of approximately 69.50 acres of land, legally described as Tract 37A-5, Abstract 21, G. Ellis Survey, Baytown, Harris County, Texas.]
ON TO ITEM THREE B, CONSIDERED ORDINANCE AUTHORIZED IN A SERVICE AGREEMENT WITH EARL W WILBURN JR.CONCERNING APPROXIMATELY 71.66 ACRES CONSISTING OF APPROXIMATELY 69.50 ACRES OF LAND LEGALLY DESCRIBED AS TRACK 37 A DASH FIVE ABSTRACT 21 GL IS SURVEY BAYTOWN HARRIS COUNTY, TEXAS.
UH, UH, THIS IS JUST THE, UH, THE, THE NORMAL AGREEMENT FOR SERVICES FOR THE, UH, THE PRE MENTIONED, UH, FOR MENTIONED, UH, ANNEXATION.
I BELIEVE THIS IS IN DISTRICT FOUR.
SO, UH, I'LL ENTERTAIN MS. SPIN COURT, UH, A MOTION MOVE TO APPROVE ITEM THREE B, SECOND MOTION SECOND.
ANY QUESTIONS OR COMMENTS? ALL THOSE IN FAVOR OF THE ITEM AS PRESENTED, PLEASE SAY, AYE.
[a. Conduct a second public hearing giving all interested persons the right to appear and be heard on the need to continue the City's juvenile curfew ordinance.]
FOUR A, CONDUCT A SECOND PUBLIC HEARING.SO I NOW CALL ORDER THE SECOND PUBLIC HEARING, GIVEN ALL INTERESTED PERSONS THE RIGHT TO APPEAR AND BE HEARD ON THE NEED TO CONTINUE THE CITY'S JUVENILE CURFEW ORDINANCE, I WOULD NOW LIKE TO REQUEST THAT STAFF SUMMARIZE SUBJECT OF THIS PUBLIC HEARING, THE CHIEF THAT YOU, OKAY.
SO, UH, BASICALLY FROM OUR LAST UPDATE THAT WE GAVE ON THE, UH, THE FIRST PRESENTATION OF THIS, UH, TO THE SECOND, UH, WE STILL OR BELIEVE THAT THE CURFEW IN THE CITY OF BAYTOWN IS SOMETHING THAT WE THINK ABOUT.
THAT IS SOMETHING IS USED AND SUGGEST FROM THE BAYTOWN POLICE DEPARTMENT THAT IT IS A ENFORCEMENT TOOL THAT WE CONTINUE TO CONTINUE ON, UH, FOR THE NEXT FEW YEARS.
AND AS MY PRESENTATION LAST TIME INCLUDED ON THERE, WE HAVE TO COME BACK WITH THIS EVERY TWO OR THREE YEARS ASK FOR CONTINUATION OF THIS.
ANY QUESTIONS OR COMMENTS FOR THE CHIEF? ALRIGHT.
NO ONE, UH, DID, UH, SIGN UP TO SPEAK.
SO I NOW CLOSE A SECOND PUBLIC HEARING CONCERNING THE CONTINUATION OF CITY'S JUVENILE CURFEW ORDINANCE.
HOWEVER, I WILL MAKE ONE COMMENT.
SO I DO BELIEVE THAT THERE IS SOME PROPOSED LEGISLATION, UH, IN AUSTIN REGARDING, UM, I GUESS YOU FOR MUNICIPALITIES TO NOT HAVE THE ABILITY TO IMPOSE CURFEWS IN THEIR INCORPORATED AREAS.
SO WE'LL HAVE TO SEE WHAT THE OUTCOME OF THAT MAY BE.
AM I MISTAKEN? NO, YOU'RE CORRECT.
[00:10:01]
PASS, BUT YEAH, IT'S, YOU NEVER KNOW.[b. Consider an ordinance continuing the juvenile curfew ordinance found in Chapter 66 "Offenses," Article IV "Curfew for Minors" of the Code of Ordinances, Baytown, Texas.]
SO WE'LL MOVE ON TO ITEM, UH, FOUR B.CONSIDER ORDINANCE CONTINUING THE JUVENILE CURFEW ORDINANCE FOUND IN CHAPTER 66 OFFENSES, ARTICLE FOUR, CURFEW FOUR, MINORS OF THE CODE OF ORDINANCE, BAYTOWN, TEXAS.
I'M ASSUMING CHIEF YOU HAVE, OTHER THAN YOUR, I GUESS, YOUR RECOMMENDATION OF, OF, UM, THIS TO CONTINUE, CORRECT? YES, SIR.
SO I'D ENTERTAIN A MOTION FOR ITEM FOUR B.
MOTION TO APPROVE ITEM FOUR B.
ANY QUESTIONS OR COMMENTS? ALL THOSE IN FAVOR.
[a. Consider an ordinance authorizing the award of the Annual Mosquito Control Chemicals Contract to multiple vendors.]
HAVE ITEM FIVE A CONSIDER AN ORDINANCE AUTHORIZING THE AWARD OF THE ANNUAL MOSQUITO CONTROL CHEMICALS CONTRACT TO MULTIPLE VENDORS.GOOD EVENING, MAYOR AND COUNCIL.
UM, WE'VE DONE THIS A FEW TIMES IN THE PAST.
UM, THIS PROPOSED ORDINANCE, UH, AUTHORIZES THE AWARD OF THE MOSQUITO CONTROL CHEMICALS CONTRACT IN THE AMOUNT OF $187,000 FOR MOSQUITO CONTROL WITHIN THE CITY OF BAYTOWN.
BIDS WERE RECEIVED BY FOUR SUPPLIERS, AND THE BID OPENING OCCURRED ON MARCH THE SECOND, 2021 AT 2:00 PM 15 ITEMS WERE BID.
AND I NEED TO READ THE FOLLOWING 11 ITEMS. UM, AND THE VENDORS THAT WERE SELECTED FOR ITEM ONE, WE HAVE A READY TO USE PYRETHROID WITH A SYNERGIST OF FOUR TO 8%, AND THE VENDORS SELECTED IS TARGET SPECIALTY PRODUCTS.
ITEM TWO IS A PREMIXED ITEM PYRETHRIN WITH SYNERGIST OF FIVE TO 25%.
AND THE VENDOR SELECTED IS DCO, LLC.
ITEM 10 IS A FON, EW, INSECTICIDE 40.9%.
MALATHION VENDOR IS ALSO ACO, LLC, ITEM 12, BACK W-D-G-A-M 65 DASH 52 IS DACO, LLC.
ITEM 13 IS A FON, ULV INSECTICIDE, 96.5%.
THAT'S, UH, ALSO DACO IS THE VENDOR.
ITEM NUMBER 15 IS A PYRETHROID WITH A SYNERGIST OF THREE TO 15%.
ITEM THREE IS A CARRYING OIL FOR PYRETHROID MIX, AND THAT VENDOR IS CERIS.
ITEM EIGHT IS A BIOLOGICAL MOSQUITO, LARVICIDE, BTI LIQUID 8% MINIMUM.
ITEM FOUR IS A BIOLOGICAL MOSQUITO, LARVICIDE BRIQUETTES 200 PER CASE.
UH, VENDOR IS CLARK MOSQUITO PRODUCTS.
ITEM NINE IS A LIQUID LARVICIDE OIL, 10% MINERAL OIL.
CLARK MOSQUITO CONTROL PRODUCTS.
ITEM 14 IS A BIOLOGICAL MOSQUITO, LARVICIDE OCID 22.5%, UH, WITH CLARK MOSQUITO CONTROL AS THE VENDOR.
SO AS IN YEARS PAST, WE HAVE FOUR OF THE 15 ITEMS THAT WE BID ON, UH, HAVE REGULATED PRICING THAT'S SET BY THE MANUFACTURER.
AND BECAUSE OF THIS WE NEED COUNCIL'S ASSISTANCE TO DRAW YES OR BREAK THE TIES.
SO THIS IS, THIS WAS, THIS IS GONNA, IT'S A GOOD EXPERIENCE FOR YOU, RIGHT? BUT WE HAD BETTER, WE HAD JARS AND IT WAS LITTLE SCROLLS AND IT WAS VERY INTERESTING.
SO WE CONTINUE TO EVOLVE WITH THIS PROCESS.
THIS IS, I MEAN, I'LL HAVE TO ASK THIS QUESTION.
WHO CAME UP WITH THIS PROCESS? UH, I WOULD, NO, NOT THIS PROCESS, BUT IT, IT, IT EXISTED BEFORE BECAUSE I BELIEVE IT'S JUST BECAUSE OF THE, IF THERE, IF THERE'S A DRAW OR A TIE BECAUSE OF THE SET PRICING.
UM, WE HAVE TO HAVE AN UNBIASED, UM, SELECTION.
I, WE PULLED SCROLLS LAST TIME.
WE, WE WERE JUST BORED, I GUESS.
ALL RIGHT, WE'LL MOVE FORWARD.
WE'VE DONE IT A COUPLE TIMES, RIGHT? SO, SO ANYWAY, UH, SO WE HAVE TO BREAK THE TIES TO DETERMINE THE VENDOR FOR EACH OF THESE FOUR ITEMS. AND UH, CARLA HUMMEL, OUR CONTRACT ADMINISTRATOR FROM FINANCE AND THEN BRIANNA AS WELL, WILL NOW ASSIST WITH THE DRAWING AND THE BREAKING OF THE TIES.
SO CARLA HAS FOUR BAGS, FOUR PAPER BAGS.
IN EACH OF THOSE BAGS ARE PING PONG BALLS REPRESENTING EACH OF THE, EACH OF THE VENDORS THAT TIED.
AND SO THIS IS WHERE YOU GUYS COME IN.
WE NEED YOUR ASSISTANCE OBVIOUSLY TO TAKE ONE OF THE PING PONG BALLS OUT AND READ THE NAME OF THE VENDOR THAT YOU SELECTED AND THEN WE'LL RECORD THAT AND BREAK THE TIE.
SO WE NEED, YOU NEED FOUR PEOPLE TO DRAW.
WE'RE GONNA HAVE A DRAW TO SEE WHO DRAWS
WE HAVE ONE VOLUNTEER APPARENTLY I'LL DRAW.
OKAY, WELL CHARLES WANTS TO DO IT.
YEAH, I DO DO, I'VE DONE IT A COUPLE TIMES.
SO WE WE'LL HAVE, ALRIGHT, BEN COURT, JOHNSON AND LA I'VE BEEN THERE, DONE THAT.
MORE THAN WELCOME TO, I THINK, I THINK COUNCILMAN LESTER SHOULD START US OFF
HE'LL BE CONTESTED IF HE DID THAT.
OKAY, SO I KNOW, RIGHT? SO START IT OFF WILL, IF YOU WOULD PLEASE COUNCILMAN POWELL.
UH, WE'LL WE'LL BRING THE UH, BAG TO TO YOU.
AND UM, ALRIGHT MAN, THIS JUST SELECT, JUST SELECT YOU WANNA BE A COUNCILMAN.
THIS IS THE KIND OF STUFF YOU GET TO DO.
[00:15:01]
THIS IS NUMBER, YOU CAN'T LOOK RIGHT, THIS IN THE BAG, IT'S TAPED, RIGHT? THIS IS GONNA BE FOR ITEM NUMBER FIVE THAT YOU'RE SELECTING.DO YOU HAVE TO PRONOUNCE WHAT'S ON HERE? 'CAUSE SOME OF THE STUFF YOU WERE SAYING IT SHOULD, IT JUST SHOULD BE THE VENDOR, IT SHOULD BE THE VENDOR'S NAME.
I'LL HAVE TO DO THE HARD PART OF READING THAT.
JUST TO CONFIRM, SO ITEM NUMBER FIVE, THE MOSQUITO LARVICIDED GROWTH REGULATOR GRANULAR 21 DAY THE SELECTED VENDOR IS VICE.
OKAY, NOW WE'LL PROCEED TO COUNCILWOMAN BETTENCOURT, DID YOU WANT TO DRAW AND HELP US? OKAY, SO YOU'RE GONNA BE DRAWING FOR ITEM NUMBER SIX.
SO IF YOU WOULD DO THE SAME, UH, ONE PING PONG BALL AND THEN READ THE NAME OF THE YEP, THIS IS THERE.
SO JUST TO CONFIRM, ITEM NUMBER SIX, THE MOSQUITO LARVICIDE GROWTH REGULATOR, WSP 30 DAY VENDOR SELECTED AS VICE.
AND THEN WE HAVE ITEM NUMBER SEVEN.
READ THE NAME OF THE VENDOR SELECTED PLEASE.
THEY NEED TO BUY A LOTTERY TICKET.
JUST TO CONFIRM, ITEM NUMBER SEVEN, MOSQUITO LARVICIDE, A GROWTH REGULATOR LIQUID, 5% METRE, UH, SELECTIVE VENDORS RIS.
AND THEN FOR ITEM 11, COUNCIL, SEE IF I CAN BREAK THE STREET.
HOW MANY, HOW MANY, UH, PING PONG CALLS ARE IN THERE? WELL THERE SHOULD BE TWO IN THIS ITEM.
CLARK, CLARK MOSQUITO CONTROL.
JUST TO CONFIRM OUR ITEM 11, DUPLEX, G BACILLUS ENSIS 5.35% METRE, THE SELECTED VENDORS CLARK MOSQUITO CONTROL.
WELL, I'D LIKE TO, I'D LIKE TO THANK YOU MAYOR AND COUNCIL FOR HELPING US, UH, BREAK THE TIES.
UH, AT THIS TIME, STAFF RECOMMENDS APPROVAL OF THIS AGENDA ITEM AND ALL OF THE SELECTED VENDORS.
I THINK I HAVE ONE QUICK QUESTION.
WHEN YOU SAY A TIE, THAT MEANS EVERYONE CAME IN AT THE EXACT SAME NUMBER, NO ONE CHOSE TO GO 1 CENT UNDER? NO.
THAT, THAT PARTICULAR, THOSE PARTICULAR PRODUCTS ARE SET BY THE MANUFACTURER.
AND SO THE DISTRIBUTORS, THEY CAN'T, THEY CAN'T ALTER THAT.
THERE'S NO WAY TO DISTINGUISH IT.
IT'S SET PRICING BY THE MANUFACTURER.
I WAS THINKING LIKE THE PRICE IS RIGHT.
NO, THAT'S THE DIRECTOR INDICATED THAT'S THE MANUFACTURER SETS THE PRICE TO ALL THEIR VENDORS.
AND IF A VENDOR SWAYS ON THE PRICE, THEY LOSE THEIR DISTRIBUTORSHIP.
SO THAT'S WHY WE HAVE TO DO WHAT WE DO.
AND MAYOR, THERE WAS ONE YEAR THAT WE SELECTED THREE OR FOUR AND ALL THREE WERE DIFFERENT.
THE DRAW IT IS ALWAYS DIFFERENT FOR US.
SO, UM, ITEM FIVE A, SO THIS IS AWARDING AS DRAWN, UH, FOR I GUESS THE FOUR TIE.
UM, IS THERE ANY LANGUAGE I NEED TO SAY ON THIS? OR WE JUST ENTERTAIN A MOTION FOR THE, FOR THE THOSE THAT WERE SELECTED AND THAT WERE DRAWN AS THE BID WINNER.
SO I'D ENTERTAIN MOTION FOR ITEM FIVE, A MOVE TO APPROVE ITEM FIVE A SECOND.
ANY ADDITIONAL QUESTIONS OR COMMENTS? IF NOT, ALL THOSE IN FAVOR FOR ITEM FIVE A AS AS, UM, EITHER AWARDED OR DRAWN? UH, PLEASE SAY AYE.
[b. Consider an ordinance amending the Code of Ordinances, Baytown, Texas, by (i) amending certain sections within Chapter 98, "Utilities", (ii) amending certain sections within Chapter 109, "Engineering and Construction Standards, and (iii) amending certain sections within Chapter 110, "Floods".]
HAVE ITEM FIVE B.WE DO HAVE TWO INDIVIDUALS THAT SIGNED UP TO SPEAK, UM, ON THIS.
SO IT'S CONSIDERED ORDINANCE AMENDING THE CODE OF ORDINANCES BAYTOWN, TEXAS BY AMENDING CERTAIN SECTIONS WITHIN CHAPTER 98.
UTILITIES AMENDING CERTAIN SECTIONS WITHIN CHAPTER 1 0 9 ENGINEERING AND CONSTRUCTION STANDARDS AND AMENDING CERTAIN SECTIONS WITHIN CHAPTER 1 1 0 OF BLOODS.
IF YOU, IF YOU DON'T MIND, UM, I GUESS, UH, SERGEANT US OFF.
UH, WE DO HAVE TWO INDIVIDUALS.
IT LOOKS LIKE A WE, MICHAEL, RUSS AND I MARK HELMS. UM, ARE, ARE THEY HERE? OKAY.
I'M ASSUMING, UM, I'M NOT SURE IF YOU WANNA PRESENT FIRST AND THEN WE CAN GET THEIR COMMENTS OR SOMETIMES THEY SIGN UP AND JUST WANT TO JUST WAIT IF YOU LIKE.
UM, THE CITY MANAGERS REQUEST US TO TABLE MOST OF THIS ITEM.
WE'RE GONNA REDUCE IT DOWN TO, UH, ITEM 1 10 67.
AND ITEM, UH, ONE TEN ONE OH TWO.
I'LL GO OVER THE CHANGES REAL QUICK.
UM, THE ITEM 1, 10 67 IS TO AMEND THE DUTIES OF THE FLOODPLAIN ADMINISTRATOR TO EXTEND TO THE 500 YEARS, UM, UH, FLOODPLAIN, UH, FOR COMMUNITY DETERMINED, WHICH IS A COMPONENT OF THE NFIP.
WE HAVE SEVERAL AREAS AND ZONE A'S THAT SINCE WE HAVE ADOPTED THE 500 YEAR FLOODPLAIN AND THE A HUNDRED YEAR ARE SIMULATED THE SAME BECAUSE OF THE NEW REGULATIONS FROM HARRIS COUNTY.
UM, IT DOESN'T GIVE ME THE ABILITY TO DETERMINE THOSE AREAS THAT AREN'T DEFINED IN THE FLOODPLAIN MAPS.
SO THIS DEFINITION WOULD ALLOW ME TO DO THAT
[00:20:02]
ONE, UH, TEN ONE OH TWO, UM, IS TO HELP US ADDRESS SEVERAL SUBDIVISIONS THAT CAME IN THAT HAD LOANERS APPROVED IN OCTOBER AND THE NEW REGULATIONS STARTED JANUARY 1ST.AND THOSE HOMES ARE HAVING DIFFICULTY, UH, HOMEOWNERS HOME BUILDERS TRYING, HAVING DIFFICULTY BUILDING ON THOSE LOTS BECAUSE THEY WERE ELEVATED TO LESS THAN A FOOT FROM THE A HUNDRED YEAR FIVE OH YEAR FLOOD PLAN.
AND THIS ALLOWS THEM TO DO SLAP ON GRADE WITH SOME FILL UP TO THAT 500 YEAR FUG PLAN ELEVATION WITHOUT DOING PURE ON BEAM.
SO, UM, THOSE ARE THE MAIN, THOSE ARE REALLY TO ADDRESS SOME COMMUNITY, SOME DEVELOPMENT ISSUES.
SO, UM, DO YOU HAVE ANY QUESTIONS, MAYOR? YES SIR.
I'M GONNA MAKE A COMMENT THAT'S ONE 10 DASH 1 0 2 0.1 'CAUSE THERE'S A COUPLE OTHERS IN THAT GENERAL, WELL, THERE'S ONE 10.
SO AT LEAST IN THE ORDINANCE OR, OKAY.
BUT WHAT WE'RE GONNA ADDRESS TONIGHT IS THE ONE 10 DASH 1 0 2 0.1.
IT'S ONLY ITEM NINE OF THE AMENDMENTS.
SO IS THAT THE ONLY ONE WE'RE GONNA ADDRESS TONIGHT? THOSE TWO? YES SIR.
THERE WAS THE 1 1 10 DASH 67.5 AND 0.8 AND THEN ONE 10 DASH 1 0 2 0.1.
THAT'S WHAT WE'RE GONNA ADDRESS TONIGHT.
SO I'M NOT, DO Y'ALL HAVE THIS IN FRONT OF YOU? DO Y'ALL HAVE THIS AT YOUR PLACE? MM-HMM
ALRIGHT, SO JUST WANNA MAKE SURE YOU'RE CLEAR IN THE ORDINANCE.
SO IT WOULD BE ITEM NINE AND ITEM SIX OF THOSE AMENDED AMENDMENTS.
JUST WANNA MAKE SURE YOU KNOW WHAT YOU'RE LOOKING AT OR WHAT WE'RE AT LEAST ADDRESSING TONIGHT.
SO IS THERE ANY QUESTIONS OR COMMENTS REGARDING AT LEAST THESE TWO PARTICULAR SECTIONS FOR THIS EVENING THAT WE'LL ADDRESS? DO WE NEED TO MAKE ANY KIND OF MOTION, UH, MS. ATTORNEY, UM, ON THE OTHER ITEMS OR DO WE ONLY ADDRESS THESE TWO? YOU CAN JUST, UH, ADOPT MOVE TO ADOPT AN ORDINANCE APPROVING THOSE, THOSE TWO CHANGES THAT WILL ALSO INCLUDE 11 THROUGH SECTIONS, 11 THROUGH 14 OF THE ORDINANCE ARE THE STANDARD REPEAL SAVINGS CLAUSE AND THINGS OF THAT NATURE.
I'VE STILL GOT AN ISSUE, MARY, BECAUSE THE SECTION, THE PART NINE STATES ONE 10 DASH 1 0 2 SPECIFIC STANDARDS AND IT CO AND IT ENTAILS ALL OF THE POINTS IN SECTION ONE 10 DASH 1 0 2 AND NOT JUST THIS SPECIFIC ONE IF WE'RE GONNA GO INTO ALL THE OTHER STUFF OF THEM, I GOT LOTS OF QUESTIONS.
SO, BUT WE'LL DO ONE 10 DASH 1 0 2 0.1 OR DASH 0.1.
SO LET'S BE SPECIFIC ON WHAT WE'RE ADDRESSING TONIGHT.
ALRIGHT, JUST WANNA MAKE SURE.
ALRIGHT, SO I GUESS FOR NOW, LET'S, CAN I ENTERTAIN A MOTION AT LEAST FOR, UM, SO WE CAN DISCUSS, UH, AT LEAST AMENDMENT SIX, UH, 1 1 0 DASH 67 AND ITEM NUMBER NINE, AMENDING SECTION 1 1 0 DASH TWO DASH ONE.
IS THERE ANY, ANYTHING THAT STAFFS NEEDS, UH, TO, UM, COMMUNICATE TO US? IF NOT, THEN LET'S GET TO YOUR QUESTIONS.
THE, THE, THE MAIN QUESTION I HAD ON THE ONE 10 DASH 1 0 2 0.1 WAS TO GET CLARIFICATION.
THE WAY I READ THE, THE SPREADSHEET THAT WAS SENT OUT WAS I WAS CONCERNED THAT THE SLAB ON GRADE THAT WOULD BE BELOW THE 500 YEAR FLOW PLANE.
BUT, UH, FRANK EXPLAINED IT TO ME AND CLARIFIED THAT NO, THAT, AS YOU INDICATED, THAT HAVE TO BRING THE, THE GRADE UP AND THEN PUT THE SLAB ON THAT AND IT ALLOWS THE INDIVIDUAL HOME BUILDERS TO DO WHAT A DEVELOPER COULD DO FOR THE WHOLE THING.
'CAUSE THEY COULD BRING IT ALL THE WAY UP.
MADE SENSE ONCE FRANK EXPLAINED TO ME, BUT I WAS CONCERNED THAT IT, IT DIDN'T MAKE SENSE TO ME THAT WE WERE GONNA ALLOW THEM TO BUILD BELOW THE GRADE WHEN RIGHT WHEN WE HAD THAT IN THERE TO MAKE SURE THAT THEY DON'T FLOOD OUT.
BUT HE EXPLAINED IT, IT JUST GIVES AN INDIVIDUAL HOME BUILDER THE SAME ADVANTAGE, IF YOU WILL, AS, AS A WHOLE LOT DEVELOPER.
UM, THE OTHER CLARIFICATION, THE, THE 1 10 67 0.5 AND EIGHT, YOU AGAIN, WE ADDED THE 500 YEAR FLOODPLAIN TO, TO THEIR RESPONSIBILITIES, BUT WE DIDN'T GIVE 'EM THE AUTHORITY TO, TO DETERMINE THOSE.
UH, THOSE TWO I DON'T HAVE A PROBLEM WITH.
QUICK QUESTION I GUESS I HAVE IS, UM, SO THIS ALLOWS 'EM TO DO ONE FEET, IS THAT THE MAXIMUM THEY CAN DO? UM, THAT'S ALLOWED, THAT'S THE MAXIMUM ALLOWED JUST BY ORDINANCE.
RIGHT? WE CAN STILL INTERPRET FROM THERE.
THE CONCERN WE HAD IS MOST BUILDING, MOST HOUSES HAVE A FIVE FOOT SETBACK AND WE CURRENTLY HAVE, YOU HAVE THE SIX INCHES OF SLAB, UM, EXPOSED ANYWAY MM-HMM
SO THAT GIVES YOU SIX INCHES OF FILL WITHOUT CHANGING THE FLOOD.
THE, UH, DRAINAGE ON THE LOT, WHICH WAS THE FLOW BETWEEN THE HOUSES IS WHAT WE WERE TRYING TO ADDRESS WITH THAT.
ANY ADDITIONAL QUESTIONS OR COMMENTS, COUNSEL? IF NOT, THEN I WOULD ENTER.
[00:25:01]
COMMENTS.UH, WE HAVE, UH, MICHAEL RUS, DO YOU HAVE ANY COMMENTS OR ADDITIONAL THANK YOU.
MARK HELMS REPRESENTING DR HORTON.
UM, MICHAEL JUST CAME WITH ME TO HELP IF THERE WAS ANY QUESTIONS CONCERNING, UM, ENGINEERING OF THIS, ENGINEERING OF THE SECTION.
UM, BASICALLY WHAT WE'RE RUNNING INTO AND THE STAFF HAS BEEN VERY HELPFUL TRYING TO WORK WITH US, UM, TO GET US WHERE WE NEED TO BE.
BUT AT THE END OF THE DAY, WE'RE NOT A HUNDRED PERCENT SURE.
I DON'T BELIEVE THAT THESE, UM, THESE TWO ITEMS THAT YOU'RE DISCUSSING TONIGHT HAVING A NEGATIVE IMPACT ON US.
UM, BUT I JUST WANT TO BRING TO YOUR ATTENTION, UM, SOME THINGS THAT COULD OCCUR.
IF WE MAINTAIN THE STANCE OF A COASTAL 500 YEAR FLOODPLAIN VERSUS THE VARIANCE BETWEEN A 500 YEAR RIVERINE.
THERE IS A LARGE DISCREPANCY BETWEEN THOSE TWO THINGS.
AND IF WE MAINTAIN THE, THE STANCE THAT WE'RE AT TODAY, IT COULD PUT US IN A SITUATION WHERE WE'RE ACTUALLY BUILDING ON PIERS, UM, AND STILTS RIGHT NEXT TO A HOME THAT'S SLAB ON GRADE.
THE MOMENT WE DO THAT, THE HOME, THE HOME THAT'S SLAB ON GRADE IS WORTHLESS.
UH, THEY LOSE, THEY LOSE ALL THEIR VALUE.
UM, THAT MEANS THEIR VALUE OF THE 24 HOMES THAT ARE ALREADY IN THE NEIGHBORHOOD AND THE VALUE OF THE NEIGHBORHOOD THAT IS CLOSER TO THE COAST, ONE NEIGHBORHOOD OF ONE NEIGHBORHOOD OVER, UM, THAT'S GONNA CAUSE SOME SERIOUS CONCERNS FOR THOSE FOLKS THAT WERE, THAT, THAT OWN THOSE HOMES.
UM, AND IT PUTS US IN A SITUATION TO WHERE WE CAN BUILD THROUGH IT, UM, AND, AND, AND GO THROUGH THIS PROCESS.
BUT, AND I'VE, I UNDERSTAND THAT THERE'S SOME HOUSES THAT HAVE BEEN SHOWN TO US THAT YOU COULD DO WITH, WITH WALLS THAT ARE BREAKAWAY WALLS AND THINGS OF THAT NATURE, BUT THERE'S STILL A SERIOUS DIFFERENCE BETWEEN THOSE HOMES AND THE HOMES THAT ARE BUILT RIGHT NEXT, RIGHT NEXT DOOR.
THE OTHER THING IS, IS THERE'S SOME ORDINANCES, UM, WITHIN BAYTOWN ON THE CONSTRUCTION OF THE HOMES AND THE USAGE OF THE MATERIALS ON THE HOMES.
WE CAN'T MEET THE MATERIAL USAGE ORDINANCES, UM, IF WE DO BUILD ON STILTS.
SO THERE ARE SOME THINGS THERE THAT, THAT ARE, THAT KIND OF COMPETE AGAINST EACH OTHER AT THAT POINT.
SO LIKE I SAID, THE TEAM HAS BEEN VERY GOOD, UH, TO US AND THEY'VE LISTENED TO OUR CONCERNS.
UM, WE JUST WANTED TO BRING TO YOU TONIGHT SINCE THIS WAS ON THE AGENDA, THAT WE DO HAVE SOME REAL CONCERNS IN TERMS OF THE VALUE OF THE HOMES THAT ARE ALREADY IN THE NEIGHBORHOOD AND WHAT IS GOING TO HAPPEN ONCE WE START COMING IN AND BUILDING ON STILTS, IF THAT'S THE WAY WE'RE FORCED TO TO GO AT THIS POINT.
AND THE BIG DIFFERENCE IS THE DIFFERENCE BETWEEN COASTAL FLOODPLAIN 500 YEAR VERSUS RIVERINE.
AND SO, AND MICHAEL CAN EXPLAIN, UH, IN MORE GREATER DETAIL IF YOU WANT TO HEAR THE DIFFERENCES, UH, IN THAT.
BUT OTHERWISE, UM, I'M SURE ERWIN AND HIS TEAM CAN ALSO SHARE THAT INFORMATION WITH HIM.
COUNSEL, DOES ANYBODY WANTS TO HEAR THAT INFORMATION? I WOULD LIKE TO HEAR, I WOULD LIKE, ALRIGHT.
MICHAEL RUSS WITH LJA ENGINEERING.
SO WHAT YOU HAVE IS A SITUATION WHERE, YOU KNOW, YOUR NORMAL FLOODPLAIN IS, IS CAUSED BY YOUR, YOUR, YOUR DRAINAGE THAT GETS INTO YOUR, YOUR, UH, CREEKS, YOUR UM, BAYOU, THINGS OF THAT NATURE, CREATE A FLOODPLAIN AS YOU GET DOWN CLOSER TO THE COAST, YOU ALSO HAVE A SITUATION WHERE YOU MAY HAVE, UM, UH, HURRICANES OR OTHER TYPE SITUATION WHERE YOU'VE GOT, YOU KNOW, STORM SURGE THAT COMES IN AND THERE'S A, THERE'S A BREAK POINT WHERE ONE OVERTAKES THE OTHER DOWN IN THESE COASTAL COMMUNITIES.
UM, THE HIGHER OF THOSE TWO ALMOST ALWAYS IS GOING TO BE YOUR COASTAL SITUATION.
UM, BUT IT CREATES VERY DIFFICULT SITUATIONS TO TRY TO MAP WHAT THAT IS.
'CAUSE THERE'S SO MANY VARIABLES OF WHERE THAT WOULD COME INTO.
SO, UM, HARRIS COUNTY AND FEMA AND ALL THOSE OTHER AGENCIES DON'T, UM, THEY, THEY KIND OF START TO GET AWAY FROM A SPECIFIC, THIS IS THE ELEVATION, UH, AT THIS TIME OR WHATEVER.
AND IT IS A RANGE BASED ON WAVE ACTION BASED ON LOTS OF OTHER THINGS.
SO WHEN YOU START TO, YOU, YOU, YOU USE THE TERM 500 YEAR, YOU GOTTA BE VERY, VERY CAREFUL OF WHAT WHAT THAT MEANS.
AND I THINK WHERE WE'RE, WHERE WE'RE TRYING TO GET TO IS TO HAVE IT MORE, MORE DEFINED AS, YOU KNOW, THERE IS A 500 YEAR ELEVATION FROM THE RIVER RAIN SECTION, BUT WHEN YOU START TO GET DOWN CLOSER TO THE COAST, YOU DEFINE IT, YOU DEFINE THAT FLOODPLAIN DIFFERENTLY AND YOU GET AWAY FROM THE 500 YEAR TERM.
UM, HARRIS COUNTY HAS BEEN DEALING WITH THIS.
THIS IS NOT JUST A BAYTOWN PROBLEM, THIS IS SEVERAL COASTAL COMMUNITIES THAT ARE HAVING TO DEAL WITH THIS EXACT SAME THING.
AND SO THERE ISN'T REALLY A DEFINED ANSWER TO THIS JUST YET, BUT THAT IS THE SITUATION THAT WE'RE IN BECAUSE THERE ARE DRASTIC DIFFERENCES IN THOSE ELEVATIONS.
SO WHEN YOU JUST SAY 500 YEAR AND YOU DON'T FURTHER DEFINE IT, YOU END UP WITH THESE VERY BIG DISCREPANCIES THAT RESULT IN, UH, YOU KNOW, SOMETHING THAT WAS BUILT LAST YEAR MAYBE AT ONE ELEVATION AND THIS YEAR MIGHT BE SIX FEET HIGHER.
SO THAT'S THE, THAT'S THE DIFFERENCE OF WHAT WE'RE
[00:30:01]
IN RIGHT NOW AND TRYING TO UNDERSTAND AND HOW WE CAN KIND OF MOVE FORWARD, UH, STILL BUILDING HOMES THAT ARE, THAT ARE, THAT ARE SAFE, BUT TRYING TO DEFINE THEM A LITTLE BIT BETTER SO THAT EVERYBODY, UM, ON A LEVEL, LEVEL PLAYING FIELD AND DON'T JUST GET DINGED BY SOMETHING THAT CHANGED OVER OVERNIGHT.ANY OTHER, YES, I WOULD JUST LIKE TO HEAR STAFF'S, UM, PERSPECTIVE ON THAT ASSESSMENT.
UNFORTUNATELY I'VE HAD TO WORK WITH THIS FOR OVER 30 YEARS, SO, UM, IT IS A CHALLENGING AREA ON THE COASTAL AREA.
UM, I DID REACH OUT TO SOME OF MY FLIGHT CONTROL GROUP THAT'S ACTUALLY DOING THE REMAPPING AND THEY HAVE BEEN FOCUSED ON THE RIVERING SECTION AND HAVE NOT BEEN UPDATING THE COASTAL SECTION.
SO THAT'S FURTHER, UH, EXACERBATING THE PROBLEM.
UH, THAT'S ONE OF THE REASONS WHY THE DEFINITION CHANGE WAS REQUESTED TONIGHT.
SO I WOULD BE ABLE TO INTERPRET THOSE AREAS A LITTLE BETTER.
UM, WE ARE WORKING ON ANOTHER PLAN OF TRYING TO ADDRESS IT A LITTLE BIT BETTER.
UM, AND I'M TRYING TO USE MORE HISTORICAL INFORMATION, UH, 'CAUSE OBVIOUSLY IF I HEAR THAT COMMENT THAT IT HADN'T FLOODED THIS HIGH IN 20 YEARS OR IN THE LAST FOUR STORMS OR THE LAST THREE HURRICANES, UH, IT DOESN'T MAKE A LOT OF SENSE TO ELEVATE TO, UH, AN UNREASONABLE OR RE UNREACHABLE ELEVATION.
SO, UM, THAT'S WHAT I'M TRYING TO WORK ON TO ACTUALLY WHAT I'M LOOKING TO DO.
SO, SO DOES THE LANGUAGE THAT WAS PRESENTED TO US, IS, IS THAT GOING TO COVER THIS ISSUE OR DO WE NEED TO, TO HOLD OFF ON THIS UNTIL WE CAN GO BACK AND REVIEW IT A LITTLE FURTHER? I MEAN, I WAS KIND OF CURIOUS.
I DON'T REALLY KNOW MUCH ABOUT BUILDING AND, AND FACADES AND SLABS, BUT WHEN HE SAID THAT WE'RE TRYING TO AVOID BUILDING ON STILTS OR, OR BEAMS, I MEAN, I HAD A HOME WITHIN MY NEIGHBORHOOD THAT, YOU KNOW, WAS BUILDING ON STILTS, BUT THEY WERE HALTED BECAUSE THEY WEREN'T ALLOWED.
AND, UM, HE'S CLOSER TO THE WATER AND I BELIEVE IT IS A FLOODPLAIN OUT IN SOUTHWEST EDITION AND HE HAD A HALT HIS PRODUCTION AND AND INCLUDED A FACADE AROUND THERE BECAUSE THE PIERS WEREN'T, WERE NOT ALLOWED OR THE, THE STILTS.
SO I'M JUST KIND OF CONFUSED ABOUT THE DIFFERENCE AND, AND WHAT'S HOLDING US BACK ON THIS DECISION, IF ANYTHING? UM, WHAT'S HOLDING US BACK ON, ON THE DECISION ON THE MODELING IS THAT THE MODELS HAVEN'T BEEN UPDATED ON THE COASTAL AREAS IN A LONG TIME AND I'VE BEEN PUSHING FLOOD CONTROL TO FOCUS ON THOSE AND SO HAS PASADENA AND SO OTHER COASTAL COMMUNITIES.
WE ALL HAVE THE SAME ISSUE AND WE'VE BEEN TALKING.
SO, UH, THE DEFINITION ALLOWS ME TO, TO INTERPRET THOSE AREAS FOR THE 500 YEAR FLOODPLAIN SO WE CAN HIT THE NEW ORDINANCES AND TRY TO RESOLVE SOME OF THESE CONCERNS.
UH, WITHOUT THAT I, I HAVE TO GO WITH WHATEVER'S OUT THERE AND IF THERE ISN'T ONE, I HAVE TO DETERMINE SOMETHING FROM THE 500 YEAR.
'CAUSE I CAN DETERMINE A 500 YEAR FROM THE FLOOD PLAIN REGULATIONS.
IF I CAN'T DETERMINE A 500, I CAN DETERMINE A HUNDRED YEAR.
IF I CAN'T DETERMINE A 500 YEAR STORM RIGHT NOW.
BY, THAT'S WHAT I'M TRYING TO DO.
SO BY, BY APPROVING THIS LANGUAGE, THEN THAT GIVES YOU THAT LEEWAY TO FACILITATE WHETHER IT'S THE, THE COASTAL OR THE RIVER END? YES.
HAVE WE HAD ANY RESIDENTS HAVE THAT, THAT HAVE RUN INTO THIS ISSUE WHEN BUILDING? YES SIR.
AND THIS WOULD'VE HELPED HIM? YES, IT WOULD HAVE, YES.
ANY ADDITIONAL QUESTIONS? YES, SIR.
WE HAVE A NEIGHBOR THAT'S RUN INTO THE ISSUE AND IT WOULD'VE SIGNIFICANTLY HELPED HIM.
UM, FOUR FOOT DIFFERENCE IN GRADE BETWEEN HIS HOUSE AND HIS HORSE BARN.
YEAH, HE HAS TO BUILD A RAMP, GET HIS HORSES UP INTO HIS HORSE BARN.
IS THERE ANY ADDITIONAL QUESTIONS FOR STAFF? JUST, I GUESS ONE LAST QUESTION, SO PROBABLY NOT FOR STAFF, BUT DO THE, THE OTHER TWO GENTLEMEN THAT SPOKE, DO YOU GUYS AG AGREE THAT THAT APPROVING THIS WOULD, WOULD ALLOW THAT, THAT JUDGMENT AND FLEXIBILITY THAT WOULD BE HELPFUL OR NOT? I I, I DON'T BELIEVE THAT THIS HURTS, UH, APPROVING THIS HURTS US IN ANY WAY.
UM, THE ISSUE BECOMES, IT'S STILL FOR US.
AND HEY, WE'VE, WE'VE HAD GOOD RELATIONSHIP WITH IRWIN AND HIS TEAM, SO IT'S JUST NOT, UH, IT'S, AND HE'S IN A BAD SPOT BECAUSE IT'S NOT DEFINED, IT'S THE REASON WHY HARRIS COUNTY FLOOD CONTROL CAME IN AND SAID IGNORE COASTAL BECAUSE, AND THEY SENT A LETTER OUT TO EVERYONE BASICALLY SAYING THAT.
AND SO THAT'S THE REASON THAT OCCURRED.
BUT I MEAN, THIS DOES GIVE HIM SOME MORE AUTHORITY TO, TO MAKE THOSE DECISIONS SO IT CAN HELP SOME PEOPLE.
WE'RE JUST NOT A HUNDRED PERCENT SURE IT FULLY HELPS US AND THAT WE'RE NOT HAVING ANOTHER CONVERSATION IN A MONTH, SO.
[00:35:02]
OKAY.ANY OTHER ADDITIONAL QUESTIONS, CONCERNS? IF NOT, THEN I GUESS, UH, WE DO HAVE A, WE HAD A MOTION FOR DISCUSSION, SO WE KINDA MAKE THEM, DO WE NEED TO TAKE ACTION ON THAT? CAN WE TAKE ACTION ON THAT? YES, SIR.
SO WE HAVE A MOTION ON THE TABLE.
SO I GUESS UNLESS, SINCE THERE'S ANY QUESTIONS OR COMMENTS, ALL THOSE IN FAVOR OF THE TWO ITEMS AS PRESENTED THAT WE'RE ADDRESSING, PLEASE SAY AYE.
CERTAINLY WE HOPE THAT THINGS CAN GET FIGURED OUT.
[c. Consider an ordinance approving an Agreement for Consulting Services between Baytown Area Water Authority and Carollo Engineers, Inc., for the Impact Fee Study.]
SO NEXT WE HAVE ITEM FIVE C CONSIDERED ORDINANCE APPRO AN AGREEMENT FOR CONSULTING SERVICE BETWEEN BAYTOWN AREA WATER AUTHORITY AND CARILLO ENGINEERS INC.GOOD EVENING MAYOR AND COUNSEL.
THIS ITEM IS TO CONSIDER APPROVING A PROFESSIONAL SERVICES CONTRACT WITH COROLLA ENGINEERS TO CONDUCT AN IMPACT FEE STUDY FOR BWA.
UH, AN IMPACT FEE IS A ONE-TIME PAYMENT IMPOSED ON A PROPERTY DEVELOP DEVELOPER MEANT TO OFF OFFSET OFFSET THE FINANCIAL IMPACT NEW DEVELOPMENT PLACES ON PUBLIC INFRASTRUCTURE.
UH, THE CITY OF BAYTOWN CURRENTLY CHARGES WATER AND SEWER IMPACT FEES, UH, TO ENSURE THAT THE COST OF UTILITY UPGRADES IS SHARED BETWEEN EXISTING USERS AND NEW DEVELOPMENT.
UH, COROLLO HAS STARTED THE IMPACT FEE STUDY FOR THE CITY AND IS LOOKING AT IMPACT FEES VERSUS, UM, THOSE CHARGED BY PEER CITIES.
AND WHAT WE FOUND IS THAT, UH, BAYTOWN IS CHARGING FAR LESS FOR OUR WATER IMPACT FEES.
AND A BIG PART OF THIS REASON IS THAT THE CITY CANNOT INCLUDE THE WATER PRODUCTION COSTS RELATED TO GROWTH BECAUSE THOSE ARE WITHIN BYLAW.
AND SO, UM, SO THE RESULT IS THAT ALL THE EXISTING RATE PAYERS ARE PAYING FOR, UH, BA'S YOU KNOW, UH, INFRASTRUCTURE AND NEW DEVELOP IS, IS NOT PAYING FOR THAT INFRASTRUCTURE.
SO STAFF WOULD LIKE TO STUDY POTENTIAL BIO IMPACT FEES AND PRESENT THE FINDINGS TO THE BOW BOARD AND COUNCIL.
UH, THE SCOPE WILL WORK WOULD INCLUDE, WILL INCLUDE A BOW SPECIFIC LAND USE ASSUMPTION PLAN, UH, WHICH WILL ILLUSTRATE THE GROWTH PROJECTIONS AND EXISTING AND FUTURE CAPACITY NEEDS.
IT WOULD, UM, IDENTIFY BOW'S CAPITAL IMPROVEMENT PLAN PROJECTS THAT ARE ELIGIBLE FOR IMPACT FEE FUNDING.
IT WOULD IDENTIFY, UH, CAPACITY REQUIREMENTS TO MEET THE PROJECTED GROWTH OVER THE STUDY PERIOD AND IT WOULD SURVEY SIX PEER CITIES, UH, OR MUNICIPALITIES FOR, UM, COMPARISON OF WATER IMPACT FEES.
THE CONSULTANT WILL PRESENT THEIR FINDINGS TO, UH, THE BIO BOARD AND IF THE BOARD RECOMMENDS THAT WE PROCEED, RECOMMENDATIONS WOULD GO TO P AND Z FOR PUBLIC, UH, MEETINGS AND COUNSEL FOR FINAL APPROVAL.
BOW BOARD PASSED THIS ITEM YESTERDAY.
UH, STAFF RECOMMENDS APPROVAL OF THE CONTRACT WITH COROLLA IN THE AMOUNT OF $59,921.
SO I WOULD, UM, JUST ENTERTAIN A MOTION, UH, FOR ITEM FIVE C IS WRITTEN MOTION, MOTION TO APPROVE ITEM FIVE C, MOTION TO SECOND.
ANY QUESTIONS OR COMMENTS? I HAVE A, A QUESTION.
SO FRANK, YOU SAID EXISTING RATE PAYERS ARE PAYING ESSENTIALLY FOR BWA GROWTH? CORRECT.
SO IF THE IMPACT FEES ARE RAISED, ARE THE EXISTING RATE PAYERS GONNA EXPERIENCE A DECREASE IN THEIR RATE? MM-HMM
WE'RE CURRENTLY DOING A RATE STUDY, SO, UM, I I WOULD NOT IT WILL MITIGATE IT, IT IT WON'T DECREASE IT, BUT IT MITIGATES INCREASES.
I UNDERSTAND, BUT IF, IF, IF EXISTING RATE, SO SO THEY, THEY'LL STILL BE PAYING FOR IT, BUT BY NOT AS MUCH IS WHAT YOU'RE SAYING CORRECT.
OF THIS, A LOT OF THIS EVEN LOOKS AT FUTURE GROWTH.
SO IF YOU, IF YOU EVEN THINK OF LIKE A FUTURE BY EAST EXPANSION, YOU DON'T WANT A, AN EXISTING PERSON LIVING IN TOWN RIGHT NOW TO HAVE TO PAY FOR REALLY MOST OF THAT PROJECT.
YOU WANT NEW DEVELOPMENT PAYING FOR THAT.
SO, BUT THAT'S AN ADDED EXPENSE.
SO NOT CHARGING THAT TO CURRENT RATE PAYERS WOULDN'T LOWER THEIR RATES.
IT JUST DOESN'T INCREASE 'EM AS MUCH AS IT WOULD AND IF IT, IT PASSED TODAY, THAT JUST MEANS YOU CAN START COLLECTING IN THE FUTURE.
SO IT'S NOT LIKE YOU, YOU GET MONEY, YOU KNOW? YEAH, I UNDERSTAND THAT.
IT, IT'S SOMETHING THAT IT, IT WILL GROW OVER TIME.
AND IT HELPS DISTRIBUTE THE LOAD OF, YOU KNOW, THOSE
[00:40:01]
IMPROVEMENTS.WHAT'S THE TIMEFRAME ON THE, THE RATE STUDY WE'RE HAVING DONE? SO WE'RE, WE'RE GONNA HAVE IT DONE PRETTY QUICKLY.
UM, WE'RE WANTING TO BRING, UH, THOSE THIS SUMMER AND IN TIME TO, TO, UM, ADOPT AT THE SAME TIME AS THE BUDGET.
SO, UM, YOU, THE, THE ONE FOR THE CITY IS IN PROGRESS WE'RE, YOU KNOW, GETTING CLOSE TO COMPLETION ON THAT.
UH, WE JUST NOTED WHEN WE STARTED COMPARING THE WATER IMPACT FEES TO OTHER ENTITIES THAT, UH, BAYTOWN WAS FAR BELOW EVERYONE ELSE AND WE STARTED DIGGING INTO WHY THAT WAS.
SO IT WAS BECAUSE ALL THE COSTS OF BOW ARE NOT BEING INCLUDED IN, YOU KNOW, THE, UM, THE WATER IMPACT FEE FOR THE CITY.
SO IF WE COMPLETE THE RATE STUDY SOON BEFORE THE IMPACT FEE, THEY'RE GONNA BE DONE.
THEY'RE BE DONE, THEY WILL BE DONE TIME.
OKAY, SO THERE MOTION ON THE TABLE.
UM, ALL THOSE IN FAVOR OF ITEM FIVE C AS PRESENTED, PLEASE SAY AYE.
[6. PROPOSED RESOLUTIONS]
ITEM SIX A.CAN WE CONSIDER A, B AND C ON THIS TOGETHER? OKAY.
UNLESS COUNSEL HAS ANY QUESTIONS, I GUESS ON, ON INDIVIDUALLY ON, ON THESE ITEMS? WELL, I'M NOT GONNA HAVE QUESTIONS.
WE CAN STILL HAVE QUESTIONS, BUT WE CAN STILL TAKE UP MOTION.
DON'T WANNA DO THREE VOTES ON THE SAME THING.
UM, SO I ALSO ENTERTAIN A MOTION FOR ITEM TO CONSIDER ITEMS, UH, SIX A, B, AND C MOTION TO APPROVE SECOND SIX, A, B, AND C.
SO WE'LL TAKE A FIRST AS FAR AS OPERATION PAINTBRUSH PROGRAM GUIDELINES.
UH, UH, THE GUIDELINES THAT WE ARE LOOKING AT TONIGHT ARE THE GUIDELINES THAT, UH, FACILITATE THE HOUSING PROGRAMS WITH THE CDBG FUNDS.
UM, ALL OF THESE FUNDS ARE TO SUPPORT LOW TO MODERATE INCOME RESIDENTS INSIDE THE CITY OF BAYTOWN.
AND PARTICULARLY WITH ITEM A, THE PAINTBRUSH PROGRAM.
THE THINGS THAT WE ARE LOOKING TO DO ARE, AGAIN, CLEAN UP THE GUIDELINES THEMSELVES, UM, AND JUST GET SOME GENERAL LANGUAGE, UH, CLARIFIED.
AND THEN WE WANT TO EXPAND THE BOUNDARIES IN WHICH THE, THE PAINTBRUSH PROGRAM WILL, UH, BE APPLICABLE TO.
SO CURRENTLY THE NEIGHBORHOOD IMPROVEMENT PROGRAM IS, UH, OPERATING INSIDE OF THE PLY AREA, THE AREA IN RED ON YOUR MAP.
WHAT WE'RE LOOKING TO DO WITH THESE GUIDELINES IS TO EXTEND IT TO THE OLDER AREAS AS WELL BEING MIDDLETON AND ALSO THE WEST BAYTOWN AREA.
THE SECOND THING WITH THE PAINT BRUSH PROGRAM IS TO EXTEND THE LEAN THAT IS GOING TO BE ON, PLACED ON THE PROPERTY ONCE WE DO SET IMPROVEMENT.
CURRENTLY THERE IS A ONE YEAR LIEN THAT IS PLACED ON THE PROPERTY.
WE'RE LOOKING TO EXTEND THAT TO FIVE YEARS, WHICH IS CONSISTENT WITH ALL THE OTHER HOUSING PROGRAMS. AND THAT SUMMARIZES ITEM 80.
ANY QUESTIONS, COMMENTS ON THAT QUESTION? UH, YES MA'AM.
UM, I THINK, UM, THAT WAS SMART AND I KNOW I HAVE RESIDENTS WITHIN MY AREA THAT WERE IN THE PREVIOUS NIP WHO ARE HAPPY ABOUT THAT.
UM, IN REGARDS TO THE FIVE YEAR, UM, LIEN ON THAT.
UM, DO WE CONSIDER THIS AS, AS A COST? IS THAT WHY IT'S EXTENDING OR ARE WE JUST CLEANING IT UP? I MEAN, WHAT IS THE, UM, WHAT WOULD PROHIBIT US REALLY FROM KEEPING IT AT THE ONE YEAR? UM, AND THEN, UM, I, THAT'S MY FIRST QUESTION ON THAT.
SO THERE IS NOTHING PROHIBITING US FROM KEEPING IT AT THE ONE YEAR.
THE PAINTBRUSH PROGRAM HITS AT ABOUT $7,000 ON THE TOP END OF A PROJECT, UM, FOR A SINGLE FAMILY HOME.
AND THEN WE HAVE ANOTHER PROGRAM WHICH WE'LL TALK ABOUT THE SEWER LINE PROGRAM, WHICH HITS THAT ABOUT A THOUSAND DOLLARS OR SO.
SO AGAIN, WE'RE JUST TRYING TO MAKE SURE THAT THE VALUE THAT WE'RE PUTTING INTO THE HOME IS GOING TO MAINTAIN, UH, A LOW BE MAINTAINED FOR A LOW TO MODERATE RESIDENCE OVER A LONGER PERIOD OF TIME.
SO MY SECOND QUESTION, AND I KNOW I, I ASKED RICK ABOUT THIS AND WE JUST NEEDED I GUESS SOME, SOME CLARIFICATION AND CONFIRMATION FROM Y'ALL.
SO IF I HAVE A, A HOMEOWNER, UH, AND FOR WHATEVER REASON SHE PASSES AWAY WITHIN THIS FIVE YEAR, UM, BUT HER, YOU KNOW, KIDS OR WHOEVER IT IS THAT, UM, PICKS UP THE HOUSE OR, OR GETS THE INHERITANCE OF THE HOUSE, DOES THE LIEN GO WITH THE INHERITED FAMILY OR WOULD THEY HAVE TO DO THE WHOLE OKAY, YOU HAVE TO PAY THE LIEN UPON THE SALE OR UPON, UPON THE, UH, THE TRANSFER? HOW DOES THAT WORK?
[00:45:01]
THE LIEN STAYS WITH THE PROPERTY FOR THE PERIOD OF THE FIVE YEARS.SO EVEN IN THE EVENT OF DEATH, UM, THE LIEN STAYS ON THE PROPERTY IN EVENT THERE IS A TRANSFER, THEN THE LIEN WOULD HAVE TO BE PAID OFF AT THAT TIME IF THE FIVE YEAR PERIOD HAS NOT REACHED THIS FULL TERM.
SO TRANSFER MEANING, SO WITHIN THAT FIVE YEARS SHE PASSES AWAY MM-HMM
HER DAUGHTER, SHE TRANSFERS THE HOUSE TO HER DAUGHTER WITHOUT A SALE OR ANYTHING.
IT'S JUST ON A WILL THAT YOU GET MY HOME IF I PASS AWAY.
DOES THE LIEN HAVE TO BE PAID AT THAT TIME OR IS IT JUST IF THE HOME IS SOLD? I WOULD NEED TO CLARIFY THAT LANGUAGE FOR YOU.
I'M NOT SURE THE NUANCE OF IT.
I ASKED THIS QUESTION WHEN I MET WITH RICK.
UM, I AM OPPOSED TO THE FIVE YEAR, I LIKE THE ONE YEAR.
MY REASON FOR THAT IS CATA CATASTROPHE, HURRICANE FLOODS, SOMETHING HAPPENS, THE HOME IS NOT ABLE, OR THE HOMEOWNER DECIDES IT'S OUT OF MY PRICE RANGE TO REHABILITATE THE HOME.
IS THERE AN OPPORTUNITY TO HAVE THAT LIEN FORGIVEN SINCE THEY'RE NOT GOING TO BE THERE? AND THERE WAS BASICALLY AN ACT OF GOD THAT IS THE REASON FOR IT FROM WHAT I UNDERSTOOD.
WE WANT TO PUT THE FIVE YEAR, UM, TIME LIMIT ON IT BECAUSE OF PEOPLE FLIPPING HOMES.
I CAN UNDERSTAND THAT AND I CAN AGREE WITH IT, BUT IN THE CASE OF A CATASTROPHE, AN ACT OF GOD, IS THERE LANGUAGE THAT CAN BE WRITTEN INTO IT TO WHERE THE LIEN WILL BE FORGIVEN OR EVEN THERE, THERE IS A POSSIBILITY TO DO THAT.
UH, BUT I WOULD LIKE TO ALSO STATE THAT THE FIVE YEAR IS A FORGIVABLE LIEN, RIGHT? MM-HMM
SO YOU'RE, WHAT HAPPENS IS IT, IT ESSENTIALLY DEPRECIATES BY 20% EVERY YEAR MM-HMM
WITHIN THE THE TERM TERM PERIOD OF IT.
WE CAN WRITE IN THERE IN CASE OF CALAMITY, BUT THAT WOULD BE UP TO THE DISCRETION OF THE YEAH, I, I WOULD LIKE TO SEE THE CASE OF CALAMITY 5,000 MAY NOT SEEM A LOT TO MOST PEOPLE, 7,000 MAY NOT SEEM A LOT, BUT TO SOME PEOPLE IN SOME AREAS THAT COULD BE THE DIFFERENCE IN THAT COULD BE A WHOLE LOT TO THEM.
UM, FORGIVING IT IN CASE OF A CALAMITY AND ACT OF GOD, I WOULD BE IN FAVOR OF THAT AND I WOULD LIKE TO SEE IF WE COULD CONSIDER HAVING THAT LANGUAGE WRITTEN INTO IT.
HEY, HOW MANY PAINTBRUSH PROGRAM PROJECTS HAVE WE HAD IN THE LAST SEVERAL YEARS? UH, LET'S SEE, PROBABLY ABOUT THREE IN THE LAST THREE YEARS.
THREE IN THE LAST THREE YEARS.
WE DID, WE DID ONE LAST YEAR WITH THE LAST PROGRAM FUNDS AND I BELIEVE WE DID TWO THE YEAR BEFORE THAT.
SO, SO THREE IN THE LAST THREE YEARS, I WOULD ASSUME THAT I, I I GOTTA TELL YOU, I, I'M NOT REALLY FAMILIAR WITH THIS PROGRAM AND, UH, DIDN'T KNOW WHAT EXISTED.
SO DID THE THREE IN THREE YEARS MM-HMM
DID WE DO OUTREACH AND WE, DID WE SOLICIT THEM FOR THE MOST PART? OR DID OR DID THEY SEND IN, UH, AN APPLICATION? I MEAN, DO YOU KNOW THAT? YES SIR, WE DO, WE DO A MARKETING, UM, CAMPAIGN WITH ALL OF OUR PROGRAMS. OKAY.
UM, AND WE SEND IT OUT SPECIFICALLY TO THE NIP AGAIN.
SO THAT'S PART OF, PART OF THE CHALLENGE IS, IS THAT THE AREAS THAT WE'RE WORKING IN ARE HIGH RENT AREAS, AND WHEN YOU'RE DEALING WITH HIGH RENT AREAS, A RENTAL PROPERTY ISN'T ELIGIBLE.
SO IT'S HAS TO BE AN OWNER OCCUPIED LOW TO MODERATE INCOME HOMEOWNER.
SO YOU START NARROWING DOWN THE ELIGIBILITY FOR THE PROGRAM IN ITSELF.
THE THING, THE CAMPAIGNS THAT WE USUALLY TARGET, WE'RE TRYING TO CONCENTRATE BLOCK BY BLOCK GENERALLY.
SO WE'RE EXTENDING OUT A CAMPAIGN FOR ALL THESE STREETS OR STREETS SO THAT WE CAN HAVE A GREATER IMPACT WITHIN THE CLUSTER AS OPPOSED TO, YOU KNOW, PARTS.
I I WOULD JUST, I I GUESS FALL WITH THE TWO COMMENTS THAT HAVE BEEN MADE PROBABLY EVEN MORE SO, YOU KNOW, THIS IS CDBG MONEY, SO IT'S FEDERAL FUNDS.
I MEAN, FRANKLY IT AIN'T EVEN OUR MONEY.
SO, YOU KNOW, THESE ARE LOW INCOME AREAS.
I CAN TELL YOU THERE AIN'T, THERE'S A WHOLE LOT OF PROBLEMS. THERE'S A LOT OF GOOD PEOPLE, BUT THERE'S A WHOLE LOT OF PROBLEMS AND THERE AIN'T A WHOLE LOT OF FLIPPING GOING ON IN THESE AREAS.
SO I, I WOULD LIKE TO LEAVE IT AT, AT THE ONE YEAR LIEN AND I, I JUST DON'T NEED SEE A NEED IN ATTACHING A FIVE YEAR LIEN
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IN, IN LOW INCOME AREAS IN A PROJECT THAT FRANKLY WE HAVEN'T REALLY HAD ANY DEMAND FOR.I MEAN, IF THE DEMAND GETS TO A POINT WHERE IT'S OVERWHELMING, YOU KNOW, MAY MAYBE WE COULD CONSIDER CONSIDER IT THEN.
BUT YOU KNOW, LIKE I SAY, I, I I, I'M OF THE OPINION JUST TO LEAVE IT AT THE ONE YEAR.
SO, UM, I WAS ALSO GONNA SAY I I OPPOSE THE FIVE YEAR LIEN AND, AND, AND WOULD SUPPORT KEEPING IT AT ONE FOR THE EXACT SAME REASONS.
AND, UM, IF OUR INTENT IS REALLY TO, UM, UPGRADE AND BEAUTIFY THESE AREAS, UM, TO ME IT DOES NOT MATTER IF IT ENDS UP GETTING FLIPPED OR SOLD OR INHERITED A YEAR LATER.
OUR INTENT IS TO MAKE SURE THAT SOME OF THESE OLDER AREAS STAY UPDATED AND, AND LOOKING GOOD.
SO, UM, I'M FINE WITH THE ONE YEAR.
AND, AND I'M GONNA TAG ONTO THE QUESTION THREE, IN THREE YEARS, HOW MANY OF 'EM WERE FLIPPED WITHIN THE YEAR? UH, I, I DON'T BELIEVE THAT ANY OF THEM WERE FLIPPED.
WE HAD ONE THAT WAS REFINANCED.
SO WE'RE TRYING TO FIX THE PROBLEM.
I GUESS YOU ONE, ONE CAN LOOK AT IT THAT WAY.
WE WERE JUST TRYING TO MAKE IT CONSISTENT BEFORE IT HAPPENS.
AND, AND I AGREE WITH, WITH PREVENTION IS, IS KEY, BUT SOMETIMES WE REGULATE JUST BECAUSE WE CAN REGULATE AND I, I AGREE WITH MY, MY COLLEAGUES UP HERE, I THINK ONE YEAR IN A LOW COME IN LOW INCOME AREA THAT THAT'S GONNA BE SUFFICIENT.
IF WE START TO SEE THAT WE'RE HAVING THESE THREE OR FOUR A YEAR AND THEY'RE FLIPPING HALF OF 'EM EVERY YEAR, BRING IT BACK TO US, WE'LL FIX THAT.
I, I GUESS I HAVE A, JUST A QUESTION.
SO WITH THAT IN MIND, UM, I THINK WE SUPPORT THE ONE YEAR.
WITH THE ONE YEAR, I THINK THEN WE, WE CAN EXCUSE THE WHOLE CALAMITY AND, AND OTHER THINGS THAT MAY HAPPEN MM-HMM
UM, I JUST WANNA KIND OF SAY THAT THIS WAS BROUGHT TO US BEFORE, JUST WANNA REITERATE THAT THE PROGRAM WAS BROUGHT TO US WHEN IT WAS FIRST LAUNCHED, BUT I, I STILL FEEL THAT, UM, NOT ENOUGH PEOPLE KNOW ABOUT IT.
AND I BY EXTENDING THE NIP ZONE, I THINK HOPEFULLY WE'RE GONNA GET MORE OUTREACH FOR THAT AND UM, IF MAYBE WE CAN USE THAT FOR OURSELVES AND AS WE'RE TALKING TO RESIDENTS, UM, I JUST FEEL THAT WE JUST DIDN'T DO A GOOD JOB.
I, I KNOW I DIDN'T, UM, TALKING TO MY RESIDENTS ABOUT THIS AND SO WHEN IT WAS BROUGHT UP, UM, I APPRECIATE Y'ALL TAKING THE TIME TO REALLY INVESTIGATE WHETHER WE CAN EXTEND IT TO THE PREVIOUS NIP ZONES.
WHAT IS, WHAT DOES IT TAKE TO EXPAND IT TO ANOTHER AREA? UM, IS THAT LOOKED AT YEARLY OR HOW DOES THAT WORK? WE, WE USUALLY CHOOSE NIP AREAS EVERY TWO TO THREE YEARS.
SO WE WERE OVER HERE IN WEST BAYTOWN FOR THREE YEARS.
UM, WE WERE IN MIDDLETON MAYBE A YEAR AND A HALF OR SO.
SO IT, ONE, IT DEPENDS ON THE PARTICIPATION OF THE NEIGHBORHOOD AND THEN, UM, SECONDLY WE BRING IT BEFORE YOU OR BEFORE CDAC AND MAKE A RECOMMENDATION, RECOMME MAKE A RECOMMENDATION IN OUR BUDGET FOR WHAT THE NEW NIP IS GOING TO BE.
SO WE JUST ARRIVED IN, UH, IN THE PE AREA IN 2020, THEN OF COURSE COVID HIT, SO WE'RE HOPING TO RAMP UP SOME ACTIVITY IN THE PE AREA THIS COMING YEAR.
BUT CAN I, CAN I JUST CLARIFY MM-HMM
QUICKLY, MAYOR, BUT ALSO, JUST TO ANSWER HIS QUESTION, THESE AREAS ARE IN CDBG AREAS AND THEY, THEY HAVE TO BE IN THOSE AREAS AND THOSE AREAS, THERE'S SOME FEDERAL GUIDELINES AND SOME THRESHOLDS BASED ON, LIKE YOU SAID, THERE'S A HIGH RENTER HOUSEHOLD DEMOGRAPHIC, THERE'S LOW INCOME, I MEAN THERE'S CERTAIN STANDARDS LIKE THAT COUNCILMAN MM-HMM
SO, YOU KNOW, I KNOW THAT ALL OF MY DISTRICTS IS IN THE CDBG AREA AND I THINK A PORT GOOD PORTION OF HER IS, DO YOU KNOW OFF OFF THE TOP OF YOUR HEAD IF, IS THERE ANY OTHER CDBG AREAS IN, IN THREE OR FOUR OR FIVE OR SIX? YES.
WHAT WE HAVE IS, AND I DON'T HAVE THE MAP PREPARED TODAY, BUT I CAN SEND IT TO YOU ALL, UM, WHAT IS CALLED THE CDBG TARGET AREA.
MM-HMM
AND YOU'LL SEE THAT THE MAP, IT EXPANDS ACROSS ALL THE DISTRICTS.
UM, MOST OF THEM ARE CONCENTRATED SOUTH OF 1 46, BUT THEN YOU GET UP INTO THE, SOME OF THE NORTHERN SECTIONS AS WELL.
BUT IN THOSE PARTICULAR AREAS THAT ARE NORTH OF 1 46, THERE ARE ALSO FEWER RESIDENTS USUALLY IN THOSE AREAS.
SO THAT'S KIND OF THE CAVEAT ABOUT YOU.
CAN YOU PROVIDE US WITH A MAP TO COUNCIL? YES, SIR.
OKAY, ANY ADDITIONAL QUESTIONS OR COMMENTS ON, I GUESS ITEM A REGARDING THE OPERATION PAINTBRUSH PROGRAM GUIDELINES? OTHER THAN I BELIEVE THAT THERE, THERE WAS A CONSENSUS TO REMAIN AT ONE YEAR FROM WHAT I CAN TELL.
[00:55:01]
SO WE'LL MOVE ON TO ITEM, UM, B, CONSIDER RESOLUTION ADOPTING THE REVISED CDBG SEWER LINE REPAIR AND REPLACEMENT PROGRAM GUIDELINES.ANY QUESTIONS ON THAT FROM ANYBODY HERE? JUST COMMENT.
COMMENT, I, I LOVE TO SEE THE SEWER LINE REPLACEMENT PROGRAMS. AGAIN, THE CITY AS A WHOLE, THE SANITARY SEWER ISSUE IS STILL AN ISSUE.
EVEN THOUGH THE CITY'S DONE ABOUT AS MUCH AS IT CAN ON ITS SIDE AND CONTINUES TO IMPROVE, THE MORE WE CAN DO ON THE RESIDENTIAL SIDE OR ASSIST LOW INCOME FOLKS AND GETTING THEIR SEWER LINES REPAIRED, IT'S A WIN-WIN.
ANYTHING WE CAN DO TO ENHANCE, ENCOURAGE, PUSH THIS OUT, ESPECIALLY THOSE AREAS BECAUSE THEY'RE THE OLDER AREA.
OLDER AREAS AND THEY'RE THE ONES HAVING THE MOST PROBLEMS. YES SIR.
SO, SO ANYTHING WE CAN DO TO IMPROVE IT, I, I'M ALL FOR IT.
ANY ADDITIONAL, UH, QUESTION OR COMMENTS ON THE SEWER LINE REPAIR REPLACEMENT PROGRAM, IF NOT ON THE OWNER OCCUPIED HOUSING, REHAB, UH, PROGRAM? ANY QUESTIONS OR COMMENTS REGARDING THAT? OKAY, IF NOT, THEN I GUESS WITH, WITH THIS MOTION, UM, I'M ASSUMING, DO WE NEED TO MAKE AN AMENDMENT OR JUST WE DO NEED TO MAKE AN AMENDMENT.
SO I WOULD, UM, ENTERTAIN AN AMENDMENT, UH, REGARDING THE, UM, I GUESS KEEPING THE ONE YEAR, UM, LIMIT TERM MOTION TO AMEND TO KEEP THE ONE YEAR LIMIT TERM ON LIEN SIX A.
SECOND, MOTION TO SECOND AND QUESTION OR COMMENTS ON THE AMENDMENT.
IF NOT, WE'LL VOTE ON THE AMENDMENT FIRST.
SO ALL THOSE IN FAVOR OF THE AMENDMENT AS AS, UH, SPOKEN, PLEASE SAY AYE A AYE.
AND NOW WE'LL GO BACK TO OUR ORIGINAL MOTION FOR, UM, ALL, ALL THE THREE COLLECTIVE ITEMS ON THIS, WHICH IS A THROUGH C.
ALL THOSE, ALL THOSE IN FAVOR OF THOSE THREE ITEMS, PLEASE SAY AYE.
ALL THOSE OPPOSED? WE'LL MOVE ON TO ITEM SEVEN A, DISCUSS POSSIBLE AMENDMENTS
[a. Discuss possible amendments to Resolution No. 2236 adopted on March 28, 2013, to expand the rules to govern conduct of the City Council when acting in an official capacity.]
TO RESOLUTION 2, 2, 3, 6 ADOPTED MARCH 28TH, 2013 TO EXPAND THE RULES OF GOVERNING CONDUCT OF THE CITY COUNCIL WHEN, WHEN ACTING IN OFFICIAL CAPACITY.MS. HORNER, IN THE LAST CITY COUNCIL MEETING OR WORK SESSION, THE CITY COUNCIL DISCUSSED POSSIBLE AMENDMENTS TO THE, UH, RULES.
THERE WERE REALLY JUST ONE TO MAYBE JUST EXPAND THE RULES TO INCLUDE THE COUNCIL'S ACTIONS WHEN THEY'RE ACTING IN THE OFFICIAL CAPACITY.
SO, UH, BEFORE YOU THIS EVENING, THERE IS, UM, JUST THE TWO AMENDMENTS THAT WOULD CAUSE THAT TO HAPPEN.
ONE IS IN 1.2, WHICH IS TO EXPAND IT NOT ONLY TO THE COUNCIL CHAMBERS WHEN YOU'RE IN COUNCIL AND IN A MEETING, BUT ALSO IT SAYS BY THE MEMBERS OF THE CITY COUNCIL WHEN ACTING IN THEIR OFFICIAL CAPACITY.
THE OTHER CHANGE IS IN THE CONDUCT OF COUNCIL AND IT'S, UH, JUST IS PROPOSED, IS SAYS COUNCIL MEMBERS WILL CONDUCT BUSINESS OF THE CITY IN A REASONABLE, RESPECTFUL MANNER TO REFRAIN FROM INDULGING IN PERSONAL TEXT USING OFFENSIVE LANGUAGE AND MAKING DEROGATORY REMARKS.
SO THOSE WERE THE ONLY TWO CHANGES THAT I MADE.
I DID VISIT WITH COUNCILMAN PRESLEY AS WELL AS COUNCILMAN LESTER.
UM, AND IT'S UP FOR DISCUSSION.
WE HAVE TO DISCUSS IT ONCE IN A COUNCIL MEETING.
IT CAN'T BE VOTED ON UNTIL THE NEXT COUNCIL MEETING.
SO WITH THAT IN MIND, I GUESS, UM, SO I GUESS YOU, YOU, UH, YOU HAVE THE, UM, NEW LANGUAGE.
IF EVERYBODY'S COMFORTABLE WITH NEW LANGUAGE, THEN WE'LL JUST GONNA ADDRESS THIS ON A, ON A VOTE AT A LATER MEETING.
ARE YOU SATISFIED WITH THE LANGUAGE? I'M ASSUMING SO.
I'M BUSY WITH KAREN AND SHE INDICATED THERE WAS ALREADY LANGUAGE IN THE RULES.
'CAUSE MY CONCERN WAS WE ALSO NEED TO BE TREATING STAFF IN THE SAME MANNER.
SHE INDICATED THAT'S ALREADY IN THERE AND I'M GOOD WITH WHAT WE TALKED ABOUT.
OKAY, MR. PRESSLEY, YOU'RE GOOD? YES.
[8. 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.]
THIS.SO WE'LL MOVE ON TO ITEM, UH, EIGHT A CONSENT.
SO WE HAVE ITEM EIGHT A THROUGH, I THINK IT'S AYE.
SO I ENTER THE CONSENT AGENDA, A I MOTION, MOTION TO APPROVE CONSENT AGENDA ITEMS EIGHT A THROUGH I SECOND.
ALL THOSE IN FAVOR OF CONSENT AGENDA AS PRESENTED, PLEASE SAY AYE.
[a. Consider two (2) appointments to the Baytown Library Board.]
UH, WE HAVE ITEM NINE A CONSIDER TWO APPOINTMENTS TO THE BAYTOWN LIBRARY BOARD, MS. JACKSON? AYE MAYOR COUNSEL, UM, WE BRING FORWARD TWO APPLICANTS TODAY, MR. JERRY SCHAFER AND MS. LATOYA WASHINGTON FOR CONSIDERATION FOR APPOINTMENT FOUR TWO VACANCIES ON THE BAYTOWN LIBRARY BOARD, WHICH CONSISTS OF SEVEN QUALIFIED, UM, VOTERS AND RESIDENTS OF THE CITY OF BAYTOWN.UM, IF APPOINTED THE TERMS WOULD START IMMEDIATELY AND IT WOULD EXPIRE FEBRUARY 28TH, 2023.
OKAY MA'AM, UM, UH, CORRECT ME IF I'M WRONG, I THOUGHT WHEN I LOOKED AT THIS PACKET THERE WAS THREE APPLICANTS.
THERE WAS THREE AND ONE THE ONE WENT WRONG BE NO, UM, THE PROBLEM IS THAT SHE'S ALREADY ON TWO BOARDS.
ALRIGHT, THAT EXPLAINED, I JUST KNEW THAT THERE WAS THREE.
SO WE HAD SOME DECISIONS TO MAKE, BUT NOW WE DO NOT.
SO I GUESS I'D ENTERTAIN A MOTION FOR ITEM NINE A FOR THE TWO INDIVIDUALS THAT WERE, UM, THAT DID APPLY FOR THESE FOR THE BAYTOWN LIBRARY BOARD.
MOTION TO APPROVE ITEM, ITEM NINE, A SECOND.
ANY QUESTIONS OR COMMENTS? ALL THOSE IN FAVOR OF ITEM NINE A IS PRESENTED.
[10. 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.]
MANAGERS REPORT.UM, OUR THIRD AND FINAL CREW IS OFFER MCALLEN TO ASSIST IN THE IMMUNIZATION EFFORTS.
THERE WE EXTEND OUR APPRECIATION AND BEST WISHES FOR A SAFE JOURNEY TO
[01:00:01]
LIEUTENANT CHRIS CRANE EQUIPMENT OPERATOR JACOB GRIFFITH AND FIREFIGHTERS.JESUS MARTINEZ AND STEVEN BOX.
SO IT'S GREAT THAT THIS WILL BE THE FINAL CREW BY THE WAY THAT, THAT WE SEND THERE.
SO THEY'VE BEEN, THEY'VE RECEIVED NOTHING BUT KUDOS DOWN THERE AND COMPLIMENTS FOR THEIR CONDUCT AND PROFESSIONALISM.
UH, EQUIPMENT OPERATOR, BOB, UH, HEBERT AND FIREFIGHTER BRETT RAY, WERE ENJOYING A GAME OF PICKLEBALL IN ALVIN WHEN ANOTHER MAN, THEIR COLLAPSED WHILE A BYSTANDER CALLED 9 1 1.
BOB AND RAY SPRING INTO ACTION.
UH, APPLIED CHEST COMPRESSIONS, ZAPPED HIM WITH THE, UH, WITH THE DEFIBRILLATOR AND THE MAN, UH, CAME BACK AND STARTED BREATHING AGAIN.
IN FACT, HE WAS UP AND TALKING WHEN THE AMBULANCE ARRIVED.
UH, IT WAS FOUND LATER THAT HE HAD A 95% BLOCKAGE, A STENT WAS INSERTED AND LAST WEEKEND HE WENT HOME FROM THE HOSPITAL.
SO WE COMPLIMENT OUR FIREFIGHTERS FOR BEING IN ALVIN AND JUST HAPPENED TO BE THERE IN THE PICKLEBALL COURT.
HOW LUCKY IS THAT? IF YOU EVER HAVE A HEART ATTACK LIST, LET'S HOPE THAT YOU HAVE A COUPLE OF PARAMEDICS, UH, NEXT TO YOU PLAYING PICKLEBALL.
HATS OFF TO AMANDA PELL, A POLICE RECORD SUPERVISOR FOR SHOWING OFF HER CUSTOMER SERVICE SKILLS AND OUR CORE VALUE OF COLLABORATION.
THE HARRIS COUNTY DA'S OFFICE NOTED HER WILLINGNESS TO HELP THEM OUT OF A JAM AS THEY SOUGHT A 25-YEAR-OLD RECORD.
NOT ONLY DID AMANDA HELP OUT, BUT SHE STAYED AFTER HOURS TO DO THAT AND THEY WERE VERY COMPLIMENTARY.
CONGRATS, UH, GO OUT TO FA NUNAN OF OUR 9 1 1 CENTER.
SHE IS THIS YEAR'S SILENT HERO BY THE TEXAS CHAPTER OF THE NATIONAL EMERGENCY NUMBER ASSOCIATION.
SHE CAME TO US FROM COLUMBIA, GEORGIA IN 2019 AND SHE CONTINUES TO BE AN INVALUABLE PART OF OUR COMMUNICATIONS TEAM.
CHAMBERS COUNTY SHERIFF'S OFFICE HAD GREAT THINGS TO SAY ABOUT TWO OF OUR CANINE OFFICERS, BARRY CALVERT AND JEFFREY SPENCER.
THEY WENT ABOVE AND BEYOND NOT TOO LONG AGO IN HELPING CHAMBERS COUNTY IN A FUGITIVE SEARCH.
UH, THE CONDITIONS WERE RAINY, SOGGY, ROUGH TERRAIN, ALL THAT.
UH, BUT THEY PERSEVERED AND THEY STAYED THERE AND THEY HELPED OUT CHAMBERS COUNTY SHOWING OFF THEIR PROFESSIONALISM AND AGAIN, OUR CORE VALUE OF COLLABORATION.
JUST WANNA PUT A SHOUT OUT FOR, UH, IS SHE HERE? YES, HE IS FRANKIE LINDER.
FRANKIE IS GETTING A LOT OF KUDOS FOR HER WORK ON THE COMPREHENSIVE PLAN, DRAWING A LOT OF ATTENTION FROM PEOPLE INSIDE AND OUTSIDE THE ORGANIZATION AND WE JUST WANT TO TELL HER THANKS FOR ALL THE GREAT WORK SHE'S DOING WITH, WITH THAT PLAN AND KEEP UP THE GOOD WORK.
AS YOU KNOW, THAT'S A VERY CRITICAL PLAN FOR US AND WE DON'T DO THAT EVERY DAY.
SO IT HELPS TO HAVE A PROFESSIONAL LIKE FRANKIE AT THE HELM OF THAT AND GIVE IT UP FOR OFFICER JONATHAN GRANT FOR ACHIEVING HIS INTERMEDIATE PEACE OFFICER CERTIFICATE EFFECTIVE APRIL 20TH, THE MAYOR AND COUNCIL.
[11. EXECUTIVE SESSION]
NOW RECESS AND CONVENE AN EXECUTIVE SESSION PURSUANT TO SECTION 5 5 1 0.07, ONE OF THE TEXAS GOVERNMENT CODE TO SEEK THE ADVICE OF THE CITY'S ATTORNEY REGARDING ONE PENDING OR COMP, UH, CONTEMPLATED LITIGATION UPON THE CITY OF BAYTOWN AND SHORT TERM AND LONG TERM RENTAL AND GROUP HOUSING.SO I'LL RECONVENE OUR OPEN MEETING WITH THE BAYTOWN CITY COUNCIL AND ANNOUNCE THAT IN ACCORDANCE WITH SECTION 5 5 1 0.102 OF THE TEXAS GOVERNMENT CODE.
NO ACTION WAS TAKEN IN EXECUTIVE SESSION.
AND BEING THAT, UH, BAYTOWN CITY COUNCIL HAS ADDRESSED ALL POSTED AGENDA ITEMS, THIS MEETING IS NOW ADJOURNED.