Feb 08, 2024 CITY COUNCIL WORK SESSION

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OKAY, READY

[ CITY OF BAYTOWN NOTICE OF MEETING CITY COUNCIL WORK SESSION THURSDAY, FEBRUARY 8, 2024 5:30 P.M. MOCKINGBIRD ROOM, COMMUNITY CENTER 2407 MARKET STREET, BAYTOWN, TEXAS 77520 AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM ]

ALL RIGHT, SO WE ARE NOW CALLING THIS, UM, CITY COUNCIL WORK SESSION TO ORDER.

TODAY IS THURSDAY, FEBRUARY THE EIGHTH, 2024.

UM, IT IS NOW 5:31 PM UH, WE ARE CURRENTLY IN THE TEAM ROOM, WHICH IS ACROSS FROM THE MOCKINGBIRD ROOM AT THE COMMUNITY CENTER.

WE DO HAVE A QUORUM.

UM, SO, UH, THE FIRST ITEM THAT WE HAVE UP ARE CITIZEN COMMENTS.

SO ARE THERE ANY COMMENTS AT ALL? OKAY, SO WE'RE GONNA TAKE A CUP, UH, UH,

[b. Receive and discuss a presentation by Paths Development, LLC regarding the rehabilitation of the Village at Baytown Apartments, an approximately 210-unit affordable rental housing complex, located at 4601 Village Lane, Baytown, Harris County, Texas.]

UM, SO ITEM TWO B IS TO RECEIVE AND DISCUSS A PRESENTATION BY PATH DEVELOPMENT LLC REGARDING THE REHABILITATION OF THE VILLAGE AT BAYTOWN APARTMENTS, AND APPROXIMATELY 210 UNIT AFFORDABLE RENTAL HOUSE COMPLEX, LOCATED AT 46 0 1 VILLAGE LANE IN BAYTOWN, UM, HARRIS COUNTY, TEXAS, UH, UH, MARTIN SCRIBNER PLANNING THE BILL OF SERVICES.

UM, I'M JUST GOING TO SORT OF INTRODUCE OUR, OUR APPLICANT FOR THIS ONE.

UM, SO, UM, ANNA WEISS FROM PAST DEVELOPMENT IS HERE TONIGHT TO, UH, DESCRIBE TO YOU GUYS WHAT, UM, THEY, THEY ARE LOOKING AT REHABBING A VILLAGE OF BAYTOWN APARTMENTS, WHICH IS OUT OFF OF, UH, BAKER ON THE NORTH SIDE OF BAKER, UH, JUST EAST OF THE HIGHWAY.

UH, IT IS 210 UNIT, UM, APARTMENT COMPLEX.

IT'S BEEN THERE SINCE THE EARLY SEVENTIES.

IT IS ANOTHER ONE OF OUR APARTMENT COMPLEXES THAT COULD USE SOME UPGRADING.

AND SO THEY ARE HERE TO, UM, KIND OF PREVIEW THEIR PROJECT AND WHAT THEY'RE PLANNING TO DO, UH, WITH YOU BECAUSE THEY'RE LOOKING FOR THE LOW INCOME HOUSING TAX CREDIT, WHICH YOU'VE SEEN ONE OF THOSE RECENTLY WHERE BASICALLY WHAT CITY, WHAT THEY'RE LOOKING FOR FROM CITY COUNCIL IS FOR A LETTER OF NO OBJECTION TO THEM MOVING FORWARD WITH THAT, THAT PROJECT.

SO, UM, WITH THAT, I'M GONNA GO AHEAD AND TURN IT OVER TO ANNA WEISS FROM PAST DEVELOPMENT.

AND, UM, ANNA, IF YOU CAN HEAR ME, I AM NOT SURE I HAVE ACCESS TO YOUR POWERPOINT.

IF YOU WANT TO SHARE IT ON YOUR SCREEN, WE CAN SEE IT FROM THERE.

ABSOLUTELY, YES.

THANK YOU.

LET ME KNOW, ARE YOU ABLE TO, ARE YOU ABLE TO SEE THIS RIGHT NOW? YES.

OKAY, TERRIFIC.

SO YOU SEE THE FULL, THE FULL SCREEN VILLAGE BASED ON PROPOSED PROJECT, CORRECT? YES.

YES.

YES.

THANK YOU.

UH, WELL, THANK YOU VERY MUCH FOR THAT INTRODUCTION.

UM, YOU KNOW, WE'RE REALLY GLAD TO BE AND OUR PLANT FOR VILLAGE BASED SOUTH.

UM, AGAIN, MY NAME IS ANNA WEISS.

I'M THE SENIOR VICE PRESIDENT OF DEVELOPMENT AT TABS DEVELOPMENT.

UM, AND WE WILL GO INTO MORE DETAIL, BUT WE DID ACQUIRE VILLAGE AT BAYTOWN IN EARLY 2023, AND WE HAVE PLANS TO PUT LOW INCOME HOUSING TAX CREDITS ON THE PROJECT SO THAT WE CAN DO A VERY SUBSTANTIAL RENOVATION THAT IS CURRENTLY ESTIMATED ABOUT $11.9 MILLION.

UM, AND IN ORDER TO DO THAT, WE WOULD NEED THE RESOLUTION OF NO OBJECTION.

SO, UM, TO BEGIN A LITTLE BIT OF BACKGROUND ABOUT PAT.

UH, WE WERE ORIGINALLY FOUNDED BACK IN 2004, AND SINCE THEN WE HAVE ACQUIRED AND DEVELOPED, UH, MORE THAN 90,000 APARTMENTS OVER, I THINK IT'S ABOUT 95 PROPERTIES.

UM, WE ARE AN AFFORDABLE HOUSING DEVELOPMENT COMPANY OR AN AFFORDABLE HOUSING COMPANY THAT HAS MULTIPLE, UH, MULTIPLE AFFILIATES.

WE'RE VERTICALLY INTEGRATED.

SO IN ADDITION TO THE DEVELOPMENT TEAM ON WHICH I SIT, WE ALSO HAVE, UM, A PROPERTY MANAGEMENT TEAM AND AFFILIATE CONSTRUCTION COMPANY, AS WELL AS THE SECURITY AND SAFETY COMPANY AND MAINTENANCE TEAM.

UH, BACK IN MAY, WE WERE ACTUALLY ACQUIRED BY THE DEAN, WHICH IS A SUBSIDIARY OF TIAA.

UM, AND AS PART OF THAT ACQUISITION, THEY REBRANDED US AS PATS.

UM, THEY, THEY ENDED UP PURCHASING THE MAJORITY OF OUR PORTFOLIO AS WELL, AS WELL AS THE MAJORITY OF OUR PIPELINE PROJECTS, INCLUDING THIS ONE.

UM, ON THE UPPER RIGHT HAND CORNER, YOU CAN SEE SOME EXAMPLES OF SOME NEW AFFORDABLE HOUSING THAT WE HAVE COMPLETED, AS WELL AS SOME EXAMPLES BEFORE AND AFTER RENOVATIONS OF PROJECTS THAT WE HAVE PREVIOUSLY ACQUIRED AND TURNED AROUND.

SO JUST TO SITUATE YOU, I'M SURE YOU'RE ALL VERY FAMILIAR, UM, BUT VILLAGE OF BAYTOWN IS IN THE UPPER LEFT HAND CORNER OF THIS MAP, UH, OUTLINED AND RED, UH, THIS IS ADJACENT TO BAYTOWN SOCCER PARK.

IT'S ABOUT FOUR MILES FROM DOWNTOWN, HALF A MILE FROM FOOD TOWN, HAS GOOD PARK

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THE PROPERTY IS COMPRISED OF 210 APARTMENTS.

IT WAS ORIGINALLY CONSTRUCTED BACK IN 1971, AND IT UNDERWENT, UH, UH, REHAB, A SIGNIFICANT REHAB AROUND 2000, 2001.

UM, IT HAS 28 BUILDINGS ON THIS 10.5 ACRE SITES.

25 OF THOSE BUILDINGS ARE RESIDENTIAL BUILDINGS.

AND THE OTHER THREE OUTBUILDINGS ARE LAUNDRY FACILITIES AS WELL AS OUR, UH, MALE FACILITIES, OUR MANAGEMENT OFFICE AND COMMUNITY, UH, COMMUNITY LOUNGE ON THE SITE.

WE HAVE SEVERAL, UM, AMENITIES RIGHT NOW.

WE HAVE THE COMMUNITY ROOM.

WE HAVE A PLAYGROUND, A SWIMMING POOL, AND AGAIN, THOSE LAUNDRY FACILITIES, UH, THROUGHOUT THE PROPERTY AND 190 OF THESE 210 APARTMENTS ARE UNDER A PROJECT BASED SECTION EIGHT, UH, CONTRACT THAT'S ADMINISTERED BY HUD.

AND THE OTHER 20 UNITS THAT ARE NOT PART OF THAT CONTRACT ARE SET AT 50% OR ARE SET TO BE AFFORDABLE FOR FAMILIES EARNING 50% OF AREA MEDIAN INCOME.

AND BELOW THIS RIGHT HERE IS JUST A BRIEF OVERVIEW OF THE UNIT BREAKDOWN.

SO WE HAVE 51 BEDROOMS, 92 BEDROOMS, 53 BEDROOMS, AND 24 BEDROOMS BRINGING UP TO THE 210 UNIT TOTAL.

AND ON THIS SLIDE, WE JUST GET A LITTLE BIT MORE DETAIL.

SO YOU CAN SEE THE BREAKDOWN BETWEEN THOSE 190 PROJECT BASED SECTION EIGHT CAP UNITS.

UM, THOSE ARE THE TOP FOUR LINES, AND THEN THE ADDITIONAL 20 UNITS THAT ARE CURRENTLY AT 50% OF AREA MEETING INCOME AND BELOW.

SO WE WANTED TO, UH, START OUT BY GIVING SOME CONTEXT HERE WHERE, UH, WHEN WE ACQUIRED VILLAGE AT BAYTOWN IN EARLY 2023, UM, YOU KNOW, WHAT YOU CAN SEE HERE ARE SOME OF THE EXAMPLES OF CONDITIONS THAT WE ENCOUNTERED.

UM, YOU KNOW, THIS IS A PROPERTY THAT REALLY REQUIRES A VERY SIGNIFICANT RENOVATION TO BRING IT UP TO A QUALITY STANDARD.

UM, WE HAVE, UH, OUR PLAN WILL BE TO DO A TENANT IN PLACE REHAB.

OUR GOAL IS ALWAYS TO MINIMIZE DISRUPTION TO RESIDENTS, WHILE ALSO MAKING SURE THAT WE HAVE A GOOD LONG TERM OUTCOME.

WE'RE ABLE TO DO THE WORK THAT'S NECESSARY AND SET UP THE PROPERTY AND THE COMMUNITY, UH, FOR LOG TERM.

OUR GOAL HERE WILL BE TO DO, UM, VERY SIGNIFICANT IN UNIT UPGRADES AS ALL EXTERIOR WORK, SITE WORK AND OPERATING A COMMUNITY FACILITY.

AND WE'LL ALSO BE INTRODUCING SOME NEW SERVICES AND AMENITIES THAT WE'LL GET INTO.

BUT THOSE DO INCLUDE THE RESIDENCE SERVICES.

UH, THE ADDITION OF A SIGNIFICANT NUMBER, MORE THAN 200 NEW SECURITY CAMERAS WITH 24 7 MONITORING, UH, THREE WIFI PROPERTY.

AND WE'LL BE BRINGING THIS INTO THE A DA COMPLIANCE.

SO ON THE RIGHT HERE ARE JUST LARGER PHOTOS THAT I HAD SHOWN EARLIER.

WE HAVE A LONG HISTORY OF, UM, ACQUIRING DEEPLY DISTRESSED PROPERTIES OR PROPERTIES THAT HAVE HAD A LONG HISTORY OF DISINVESTMENT, AND THEN DOING THESE 10 IN PLACE REHABS TO TURN THEM AROUND AND TO MAKE SURE THAT THEY ARE ASSETS TO THEIR COMMUNITIES.

SO THESE ARE SOME EXAMPLES OF THE DE BEFORE PICTURES, AND THEN THE AFTER PHOTOS FROM SOME PRIOR PAST CONSTRUCTION PROJECTS AT VILLAGE OF BAYTOWN.

UH, FOR OUR IN UNIT, UH, UPGRADES, YOU'LL BE INSTALLING ALL NEW KITCHEN CABINETS, NEW BATHROOM VANITIES, ALL NEW APPLIANCES WILL BE ENERGY STAR CERTIFIED, UH, NEW FLOORING THROUGHOUT NEW SINKS, NEW TOILETS, BATH FITTERS, UH, NEW DOORS THROUGHOUT THE PROPERTY.

THOSE ARE IN UNIT DOORS AND UNIT ENTRY DOORS.

WE'LL ALSO BE PUTTING IN NEW ENERGY, EFFICIENT LIGHT FIXTURES AND UPGRADING HEATING AND THE AIR CONDITIONING UNITS, UM, AS NEEDED.

ALL UNITS WILL GET A FRESH COAT OF PAINT, AND WE WILL ALSO BE MAKING SURE THAT, THAT WE, YOU KNOW, THOSE 5% OF UNITS WILL BE MADE ACCEPTABLE ON THE LEFT.

HERE ARE SOME EXAMPLES OF SUPPOSED, WE HAVE, UH, PROJECTS FROM FLORIDA THAT SHOW SOME OF THE, UH, THE AFTER, UH, THE AFTER PHOTOS AFTER THE RENOVATION FOR THE EXTERIOR.

WE WILL BE ALSO INSTALLING ALL NEW WINDOWS THROUGHOUT THE PROPERTY, PUTTING NEW ROOF ON ALL OF THESE BUILDINGS, AND IMPROVING THE SIGNAGE AT THE PROPERTY, REPAIRING PA, CAVING, STRIPING, REPAIRING CONCRETE WORK AS NECESSARY.

UM, IN THE MANAGEMENT OFFICE, THE MAINTENANCE ROOM, THE LAUNDRY ROOM, WE'LL BE PUTTING IN NEW FLOORING,

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AND AGAIN, A ADDRESSING THE HVAC ISSUES.

WE'LL ALSO BE PUTTING IN A, UM, AN UPGRADE PLAYGROUND AREA AND UPGRADING THE NAIL ROOMS. I MENTIONED SOME NEW FEATURES THAT WE'LL BE INTRODUCING.

UM, WE WILL BE PARTNERING WITH A GROUP THAT, UM, FOCUSES ON RESIDENTS SOCIAL SERVICES.

THEY DELIVER MOST OF THESE SERVICES DIGITALLY SO THAT THEY CAN MEET RESIDENTS WHERE THEY'RE AT ON THEIR OWN TIMING.

THEY HAVE DIFFERENT MODULES, UM, THAT THEN WORK THROUGH REFERRALS WITH PROPERTY MANAGEMENT STAFF, BUT THEY FOCUS VERY MUCH ON FINANCIAL LITERACY, CONTINUING EDUCATION, HEALTH, NUTRITION, EMPLOYMENT, AND THEN COMPUTER AND TECHNOLOGY TRAINING.

OF COURSE, WE'RE ALSO, AS PART OF THE RENOVATION, GOING TO BE INSTALLING WIFI THROUGHOUT THE PROPERTY.

AND WHEN I SAY THROUGHOUT THE PROPERTY, I MEAN ACTUALLY IN ALL UNITS, AND THAT WILL BE FREE TO RESIDENCE.

SO RESIDENTS WILL NO LONGER HAVE TO PAY FOR THEIR INTERNET SERVICE.

THEY WILL BE ABLE TO GET IT THROUGH THE PROPERTY AS PART OF THEIR BASE RENT.

WE'LL ALSO BE HAVING WIFI IN THE COMMUNITY ROOM.

WE'LL BE ADDING A BUSINESS CENTER AS WELL THAT'LL HAVE, UM, UH, YOU KNOW, A COMPUTER STATION, UH, IN PLACE FOR PEOPLE WHO, YOU KNOW, DON'T HAVE THEIR OWN PERIOD OF TIME AND THROUGH THEIR ONLINE WORK, UM, OR LEARN, YOU KNOW, LEARN THROUGH SOME OF THE SERVICES THAT ARE BEING PROVIDED.

AND OUR GOAL WITH ALL OF THIS IS TO, AGAIN, AND IMPROVE COMMUNITY ENGAGEMENT AT THE PROPERTY, IMPROVE SOCIAL CONFUSION THROUGH THESE SERVICES AND THE OPPORTUNITIES THAT THEY POSSESS AS PART OF THE PROPERTY TURNAROUND STRATEGY.

WE UNDERSTAND THE POINT OF SAFETY AND SECURITY.

UH, THEY SAID WE DO HAVE AN AFFILIATE COMPANY, UM, THAT IS WORKING WITH US ON THIS.

SO AS PART OF THE RENOVATION, WE WILL BE INSTALLING MORE THAN 200 CAMERAS THROUGHOUT THE PROPERTY, AND THOSE WILL BE MONITORED 24 7 BY OUR AFFILIATE RELIANT SAFETY, SO THAT THEY CAN PROVIDE REAL TIME FEEDBACK.

UH, IN THE UPPER RIGHT HAND CORNER HERE, YOU CAN SEE JUST AN EXAMPLE OF, UM, SOME OF THE, THE PLANNING THAT WE DO.

THIS IS NOT BEING ANOTHER PROJECT, BUT YOU CAN SEE HOW WE'RE MAKING SURE THAT WE GET THE CAMERA ANGLES THAT WE NEED SO THAT WE HAVE PROPER COVERAGE FOR THE PROPERTY.

AND THIS ALLOWS US TO THEN COLLABORATE WITH LOCAL LAW ENFORCEMENT, UM, AS NECESSARY.

WHEN WE DO THIS AND WE DOCUMENT, WE'RE ABLE TO IDENTIFY AND ROOT OUT THAT ACCESS AT THE PROPERTY.

AND OUR GOAL IS TO REDUCE CALLS TO THE PROPERTY IN A LONG TERM.

UH, WE ARE ALSO, UH, LOOKING AT THE ACCESS OVERALL TO THE PROPERTY.

SO WE WILL BE MAKING IMPROVEMENTS TO THE FENCING AND INSTALLING A SECURITY GATE.

AND ALL OF OUR GOAL, THIS IS TO INCREASE THE SAFETY ABILITY BASED TOWN AS WELL AS THE SURROUNDING AREAS SO THAT CURRENT AND FUTURE RESIDENTS CAN FEEL SAFE AT HOME.

UM, AND IN ORDER TO DO ALL OF THIS WORK, UH, WE DO NEED TO FINANCE THAT REHAB, THAT SUBSTANTIAL REHAB WITH NEARLY $12 MILLION, UH, THROUGH THE, UH, THROUGH SECURING AND HOUSING TAX CREDITS.

AND AS PART OF THAT PROCESS, UH, IN ORDER TO MEET OUR FINANCING TIMELINE AND OUR DEADLINES, WE WILL NEED A RESOLUTION OF NO OBJECTION.

WE'RE HOPING THAT THAT IS SOMETHING THAT, UH, WE CAN ATTEND, UH, WITH YOUR, WITH YOUR SUPPORT.

SO THANK YOU VERY MUCH AND WE'RE HAPPY TO ANSWER QUESTIONS.

WE DO HAVE A FEW FOLKS, BOTH IN MANAGEMENT AND OUR SAFETY AND SECURITY COMPANY, AS WELL AS OUR DEVELOPMENT TEAM ON THE LINE, IF THERE ARE MORE SPECIFIC QUESTIONS THAT YOU HAVE.

THANK YOU SO MUCH FOR THE PRESENTATION.

SO ARE THERE ANY QUESTIONS FOR STAFF OR FOR PAST DEVELOPMENT FROM COUNCIL? NO.

SO THANK YOU SO MUCH FOR BRINGING THIS FORWARD.

UH, FOR, FOR COUNSEL'S REFERENCE, WE WILL BE, UM, PLACING THIS ON THE AGENDA FOR, UH, FEBRUARY 22ND FOR THAT LETTER OF NO OBJECTION.

SO YOU'LL, YOU'LL SEE THIS AGAIN, UM, A, A MUCH MORE, UH, ABBREVIATED VERSION OF THAT ONE.

OKAY.

THANK YOU.

THANK YOU.

UM, SO WE'LL, WE'LL

[a. Ethics guidelines and procedures presentation.]

UM, MR. CITY ATTORNEY, THANK YOU, MAYOR PROM COUNSEL SCOTT LAMONT CITY, THE ATTORNEY, WE WANTED TO SPEAK TO YOU ALL TODAY ABOUT, UH, OUR ETHICS COMPLAINT PROCEDURES, UH, AND TO REVIEW

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UH, ONE OF THE THINGS WE WANT TO BRING TO YOUR ATTENTION IS THAT, UH, THIS BANDING, UH, THE ETHICS COMMISSION, IF THAT'S THE, UH, DECISION, THE WILL OF COUNSEL WILL NOT IMPACT, UH, THE FLOW OF ETHICS COMPLAINTS.

UH, IT'S IMPORTANT TO REMEMBER THAT THE ETHICS COMMISSION IS AND HAS ALWAYS BEEN ADVISORY IN NATURE.

THEY CAN RECOMMEND ACTION TO COUNCIL, BUT CANNOT TAKE ACTION THEMSELVES.

THEY CAN RECOMMEND ACTION TO COUNCIL FOR COMPLAINTS THAT RELATE TO THE CITY MANAGER, MUNICIPAL COURT JUDGE, THE ASSOCIATE MUNICIPAL COURT JUDGES, OR ANY OTHER CITY OFFICIAL WHO IS NOT AN EMPLOYEE.

SO THAT WOULD BE OUR APPOINTED REPRESENTATIVES, UH, FOLKS WHO SERVE ON OUR BOARDS, COMMITTEES, COMMISSIONS, AND SO FORTH.

THE ETHICS COMMISSION CAN ALSO RECOMMEND ACTION TO THE CITY MANAGER FOR ANY VIOLATIONS THAT MIGHT RELATE TO CITY EMPLOYEES, UH, OTHER THAN THE, UH, MUNICIPAL COURT JUDGE.

OF COURSE, THE RECOMMENDATIONS THAT THE COMMISSION CAN MAKE TO, UH, COUNCIL OR TO THE CITY MANAGER WOULD BE FOR, UH, IN FIVE AREAS.

FIRST, UH, THE LOWEST RECOMMENDATION WOULD BE A LETTER OF NOTIFICATION, WHICH WOULD, UH, RELATE TO, UH, SOMETHING THAT MIGHT BE A VIOLATION, BUT IT WAS CLEARLY UNINTENTIONAL, AND IT WOULD TELL THE PERSON THAT THESE ARE HOW YOU CAN AVOID, UH, A SIMILAR MISTAKE IN THE FUTURE.

THE NEXT STEP UP WOULD BE A LETTER OF ADMONITION.

THIS IS, UH, USED FOR SOMETHING THAT'S A LITTLE BIT MORE SUBSTANTIAL, UH, ALTHOUGH IT MIGHT STILL BE AN UNINTENTIONAL VIOLATION OF THE ETHICS POLICY.

THE NEXT LEVEL WOULD BE A LETTER OF REPRIMAND.

THIS WOULD BE FOR, UH, MORE SERIOUS VIOLATIONS, UM, VIOLATIONS THAT MAY HAVE BEEN FOUND TO BE, UH, UH, INTENTIONAL.

THE NEXT LEVEL WOULD BE, UH, A RECOMMENDATION TO REMOVE THE PERSON FROM OFFICE OR TO SUSPEND THE PERSON FROM OFFICE, UH, FOR A SERIOUS VIOLATION.

UH, AND THEN THE LAST LEVEL WOULD BE TO RECOMMEND A LETTER OF CENSURE.

A LETTER OF CENSURE WOULD BE, UH, A PUBLIC ADMONITION OF THE, UH, APPOINTED PERSON, UH, OF THE OFFICIAL OR THE, UH, EMPLOYEE, UH, AND FOR ELECTED OFFICIALS.

UH, A RECOMMENDATION TO HOLD A RECALL ELECTION AT ALL TIMES.

THE POWER TO MAKE DECISIONS ARE VESTED WITH THE CITY COUNCIL OR THE CITY MANAGER.

WITH RESPECT TO THE CITY COUNCIL, YOU HAVE THE SPECIFIC AUTHORITY TO APPOINT AND REMOVE THE CITY MANAGER OR THE MUNICIPAL COURT JUDGE, UH, THE ASSOCIATE MUNICIPAL COURT JUDGES, AND, UH, ALL OF OUR, UH, APPOINTED OFFICIALS.

YOU HAVE THE POWER TO INQUIRE INTO, UH, THE CONDUCT OF CITY OFFICIALS AND, UH, CITY DEPARTMENTS, UH, GENERALLY THE WORKINGS OF THE GOVERNMENT.

YOU HAVE THE POWER TO ESTABLISH ANY BOARDS OR COMMISSIONS OR TO DISBAND ANY BOARDS OR COMMISSIONS THAT ARE NOT OTHERWISE, UH, REQUIRED BY STATE LAW OR FEDERAL LAW.

AND YOU HAVE THE POWER TO JUDGE THE ELECTION AND JUDGE THE QUALIFICATIONS OF THE ELECTED MEMBERS OF THIS BODY.

SIMILAR POWERS REP, UH, RESTS WITH THE CITY MANAGER, UH, WHO HAS THE POWER TO APPOINT AND TO REMOVE ALL CITY EMPLOYEES OTHER THAN THE MUNICIPAL COURT JUDGMENT.

SO THE KEY POINTS WE'D LIKE TO, UH, LEAVE YOU WITH TODAY, UH, IS TO REMEMBER THAT THE CITY COUNCIL HAS AND REMAINS TO HAVE, UH, THE POWER TO HEAR ETHICS COMPLAINTS.

UH, YOU'VE DELEGATED SOME OF THAT AUTHORITY TO THE COMMISSION, BUT YOU ALWAYS HAVE THE POWER TO, TO TAKE IT BACK.

AND THE ULTIMATE DECISION MAKING ADDRESS WITH YOU, UH, OR THE CITY MANAGER DEPENDING ON WHO THE INDIVIDUAL IS.

CITY COUNCIL HAS THE POWER TO DISCIPLINE CITY OFFICIALS, THE CITY MANAGER IN THIS COURT, JUDGE, THE ASSOCIATE JUDGES OR OTHER CITY OFFICIALS WHO ARE NOT EMPLOYEES OF THE CITY FOR ANY TYPE OF ETHICAL LAPSES.

CITY MANAGER HAS THE POWER TO HEAR ETHICS COMPLAINTS INVOLVING CITY EMPLOYEES.

HE HAS THE POWER TO DISCIPLINE STAFF FOR ANY ETHICAL VIOLATIONS.

AND BEYOND THAT, IF ANY SORT OF ETHICAL LAPSES

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UH, WE ALSO HAVE A STATE ETHICS COMMISSION THAT PROVIDES GUIDANCE TO US.

UH, THEY'RE ACTUALLY THE ONES WHO CREATED THE FORM 1295 THAT YOU SEE REGULARLY WHEN WE ARE PRESENTING CONTRACTS TO YOU FOR DECISION.

ETHICS REMAINS A PRIORITY IN BAYTOWN WITH OR WITHOUT THE ETHICS COMMISSION.

THE CODE OF ETHICS, WHICH IS FOUND IN ARTICLE EIGHT OF THE CODE OF ORDINANCE OF THE CITY, WILL REMAIN IN PLACE.

OF COURSE, YOU HAVE THE AUTHORITY TO CREATE ANY POLICIES TO AMEND THE ORDINANCES, TO CREATE PROCEDURES FOR US, TO CREATE FORMS, TO DELEGATE POWERS TO DIFFERENT DEPARTMENTS, DIFFERENT STAFFING MEMBERS.

UM, AND ONE OF THE THINGS THAT WE WOULD LIKE FOR YOU ALL TO CONSIDER AS YOU DELIBERATE TODAY IS WHETHER THERE'S A DEPARTMENT YOU WOULD LIKE TO DESIGNATE TO CREATE AN INTAKE FORM FOR ANY SORT OF ETHICS COMPLAINTS AND A DEPARTMENT TO ACCEPT, UH, ADMINISTRATIVE RESPONSIBILITY FOR PROCESSING THOSE COMPLAINTS.

TODAY'S DISCUSSION, UH, FOR THE COUNCIL MEMBER YOURSELVES, WOULD BE, UH, ON THE LEVEL OF POLICY, GUIDANCE, PROCEDURES YOU'D LIKE TO SEE IN PLACE, ANY FORMS THAT MIGHT BE NECESSARY, AND HOW THOSE FORMS WOULD BE SUBMITTED AND PROCESSED.

AND FOLLOWING THE DISCUSSION, UH, WE'D LIKE FOR YOU TO DIRECT US THE STAFF, UH, ON, UH, PROCEDURES YOU'D LIKE TO SEE COME BACK.

WE CAN DRAFT THOSE FOR YOU, BRING THEM BACK BASED ON THE FEEDBACK WE GET TODAY.

SO THAT'S ALL I HAVE.

ALRIGHT, THANK YOU, SCOTT.

UM, SO I, I THINK IS, ARE YOUNG WANTING, UM, SOME SORT OF DIRECTION RIGHT NOW ON THOSE TWO KEY ITEMS? WHAT DEPARTMENT AND, UM, OR, AND WHO WILL FORMULATE THE FORMS, THE INTAKE FORMS? JUST ACTUALLY THAT'S SOMETHING FOR US TO AN OPEN DISCUSSION RIGHT NOW.

OKAY.

UM, IF COUNSEL SO CHOOSES, IF THERE'S ANY FOLLOW UP QUESTIONS THAT WE CAN BRING TO YOU IF YOU WANT TO DISCUSS DESIGNATING A DEPARTMENT, UM, HOWEVER Y'ALL WOULD LIKE TO HANDLE IT, JUST WE WANTED THE COUNCIL AND THE CITIZENS TO KNOW THAT THERE ARE ALREADY PROCESSES IN PLACE THAT CAN HANDLE THIS.

UH, AN ADDITIONAL COMMISSION IS NOT NECESSARY, UH, TO HAVE ONE MORE PROCESS OF THINGS.

IT CAN BE HANDLED INTERNALLY AND, UH, FOR ANYTHING THAT'S A, UM, UH, A CRIMINAL PIECE, THERE'S ALREADY ANOTHER PROCESS IN PLACE TO HANDLE THAT AS WELL.

SO THANK YOU.

SO THAT DEFINITELY IS NOT A HINDRANCE IN TERMS OF HAVING, UH, A SEPARATE ETHICS ADVISORY COMMISSION.

SO I'M OPENING IT UP FOR ANY QUESTIONS OR COMMENTS OR MAYOR.

YES, MA'AM.

OH, I WAS JUST WONDERING IF SOMEONE HAD A, AN ETHICS COMPLAINT TOMORROW, WHO IN THE CITY WOULD THEY GO TO? I KNOW THAT, UM, THE PRESENTATION IS ASKING FOR US TO MAYBE TALK ABOUT WHAT DEPARTMENT OR WHAT PROCEDURES YOU WOULD WANT US TO, YOU KNOW, GIVE THE INPUT.

BUT IF IT WAS TOMORROW AND WE DON'T, WE DON'T HAVE A DISCUSSION IN PLACE, WHERE WOULD THAT GO? UM, I WILL LOOK TO MY TEAM FOR THAT.

I DON'T HAVE AN ANSWER FOR YOU.

IT DOES WITH ME.

IT DOES.

OKAY.

AND I WOULD ALSO ADD, IT WOULDN'T BE, UH, UNUSUAL OR IMPROPER, UH, FOR MY DEPARTMENT TO RECEIVE A COMPLAINT, CITY MANAGER'S, UH, OFFICE TO RECEIVE A COMPLAINT.

BUT I THINK ANDREW'S RIGHT AT SOME POINT WE FUNNEL THOSE HER REGARDLESS.

YEAH, I THINK WE SHOULD HAVE, UM, A WRITTEN LIKE TIERED STEP OF TO, TO LET PEOPLE KNOW HOW IT WORKS.

NOT, WELL, I MIGHT CALL THE LAWYER OR I MIGHT CALL THE THE CITY CLERK OR MAYBE THE CITY MANAGER.

OKAY.

MAKE SURE EVERYBODY USES THE SAME PROCEDURE.

MM-HMM .

YES, MA'AM.

DO YOU HAVE A FORM YOU USE RIGHT NOW? HERE'S ONE ONLINE.

THERE IS ONE ONLINE.

OKAY.

I HAVE A QUESTION JUST IN ITS CURRENT FORM WITH THE ETHICS COMMISSION.

I MEAN, HOW MANY TIMES HAS IT BEEN CALLED UPON? DO YOU KNOW? ZERO SINCE I'VE BEEN HERE.

AND I UNDERSTAND THERE HAS NOT BEEN A, A COMPLAINT THROUGH THE ETHICS COMMISSION FOR MANY YEARS.

OKAY.

AS FAR AS THE QUESTIONS THAT WERE ASKED ABOUT, UM, I MEAN, WHO WOULD WE LIKE TO CREATE AN INTAKE FORM? IT SOUNDS LIKE MAYBE ONE ALREADY EXISTS, RIGHT? JUST Y'ALL.

I GUESS THE POINT IS THAT Y'ALL UNDERSTAND THAT Y'ALL HAVE THE POWER TO DESIGNATE IT

[00:25:01]

AND WE CAN COME BACK TO YOU AND LET YOU KNOW THAT IT'S COMPLETE AND READY.

AND HERE IS THE, THE FINE PROCESS.

I WANT TO PIGGYBACK ON WHAT MY COLLEAGUES SAID.

I, I WOULD LIKE TO SEE A PROCESS IN PLACE WHERE WE CAN COMMUNICATE THAT TO OUR CONSTITUENTS TO WHERE THEY COULD EXACTLY GO TO, TO, UM, TO, UH, VOICE THEIR CONCERNS, UM, OF ETHICS, PERCEIVED ETHICS VIOLATIONS.

SO, UM, YEAH, SOMETHING THAT WE IN STONE A PROCESS FOR THAT, THAT, UM, EACH ONE OF OUR FOLLOWED OKAY.

WHETHER IT BE THROUGH POLICE CHIEF SHERIFF'S OFFICE.

OKAY.

I REALLY APPRECIATED THE PRESENTATION BECAUSE, UM, IT, IT REALLY OUTLINED EXACTLY WHAT THE POINT IS AND I JUST APPRECIATE EVERYBODY THAT HAD ANYTHING TO DO WITH PUTTING THAT TOGETHER.

SO, GOOD JOB.

GOOD JOB.

.

MR. LESTER.

YOU DID ALL .

THANK YOU.

WELL, I THINK REALLY, REALLY THE DISCUSSION, I'LL PUT IT BACK ON CAROLYN, ANGIE, AND, AND YEAH, THE DISCUSSION NEEDS TO GO BACK AROUND.

DO, DO WE WANT TO KEEP A SEPARATE COMMISSION TO DO THIS OR DO WE WANT TO TAKE THE RESPONSIBILITY ON COUNCIL? ULTIMATELY IT COMES TO COUNCIL.

THAT'S CORRECT.

UM, SO, UM, SO THAT'S KIND OF PART OF THE DISCUSSION WE NEED TO HAVE.

DO WE WANT TO ELIMINATE THE COMMISSION AS A, AS A INTERMEDIARY STEP AND JUST HAVE THE COMPLAINTS FILED WITH THE PROPER PROCESS AND PAPERWORK PROCEDURES AND THEN IT EITHER COMES TO US OR IT GOES TO THIS GENTLEMAN IF IT'S STAFF.

UM, I FOR ONE, AGREE WITH THAT POSITION THAT WE NEED TO HAVE A PROPER PAPERWORK IN PLACE.

WE NEED TO HAVE PROPER PROCEDURES IN PLACE.

IT NEEDS TO BE WELL PUBLICIZED.

BUT THEN ONCE IT GOES THROUGH THAT, THEN IT EITHER COMES TO US IF IT'S NON-EMPLOYEE OR IT GOES TO HIM IF IT IS AN EMPLOYEE AND, AND TAKE, I HATE TO SAY IT, TAKE OUT THAT MIDDLEMAN, THE COMMISSION I WAS HERE WHEN IT WAS FIRST CREATED AND IT WAS A POLITICAL ISSUE IS WHY THEY CREATED THE, THE COMMISSION.

UH, HONESTLY, IT WAS TO TAKE THE HEAT OFF OF COUNCIL.

OH.

SO THE COUNCIL DIDN'T, IN MY OPINION, DIDN'T HAVE THE FORTITUDE TO STAND UP AT THAT TIME.

AND I'M, I KNOW THOSE COUNCIL MEMBERS AND, AND THEY HAD GOOD REASONS.

UM, BUT I, I THINK IT HAS MORE OF AN IMPACT IF IT COMES TO US OR TO HIM AND THEN, AND THEN WE STILL REGULATE IT.

'CAUSE IT JUST GETS DILUTED IF IT GOES THROUGH ANOTHER INTERMEDIARY.

RIGHT.

UH, AND, AND WE DID GO THROUGH THAT AS PART OF THE, UM, BOARDS AND COMMISSION REVIEW MM-HMM .

UH, COMMITTEE, UM, THE BIG BINDER, IF Y'ALL REMEMBER .

AND, UM, PART OF OUR RECOMMENDATION WAS TO DISSOLVE THE ADVISORY COMMITTEE.

SHOULD, UM, Y'ALL DECIDE, AND I BELIEVE IT'S ON TONIGHT'S AGENDA, BUT, UM, SHOULD Y'ALL DECIDE THAT, AH, LET'S KEEP IT, THERE WAS A RECOMMENDATION OF REVISING IT BECAUSE RIGHT NOW IT'S CURRENTLY ALL CLERGY, UM, THAT WOULD SIT ON THE COMMISSION.

BUT, UM, I, I FOR ONE FEEL THAT TAKING OUT THAT MIDDLE PERSON, KNOWING THAT WE HAVE THESE STEPS IN MIND, UM, ALREADY THEY'RE IN PLACE, UM, SOMETHING THAT WE CAN FOLLOW.

UM, SO I, I THINK WHAT I'M HEARING IS A CONSENSUS TO GO AHEAD AND, AND KEEP IT AS, UM, TAKE TAKING THAT OUT.

ALTHOUGH WE'RE NOT MAKING A DECISION TONIGHT, BUT WE ARE, UM, OR AT LEAST IN HERE RIGHT NOW, , BUT, UM, WE ARE, I HAVE MY HAND UP.

YES.

I KNOW IT WEREN'T SITTING AWKWARDLY.

SO I KNOW .

OH, WHEN YOU'RE DONE.

YES.

OH NO, I WAS JUST GONNA END WITH THAT, WITH THE FACT THAT, YOU KNOW, WE'LL GO AHEAD WITH THE PROCESSES THAT ARE RECOMMENDED.

YEAH.

I JUST WANTED TO, TO BE ABLE TO TELL ALL OF THE COUNCIL HERE AND THE STAFF THAT, UM, BEING ON THE AD HOC COMMITTEE WITH MY COLLEAGUES AND BEING ABLE TO DIG THROUGH THE HISTORY AND LEARN A LITTLE BIT ABOUT, UM, THE ETHICS COMMITTEE, IT REALLY OPENED MY EYES TO IT BEING A MIDDLEMAN THAT APPARENTLY WASN'T USED.

AND, AND I THINK IT'S IMPORTANT TO SAY ONE OF THE CLERGY THAT WAS ON THERE, I KNOW PERSONALLY HASN'T LIVED IN BAYTOWN FOR OVER 10 YEARS.

THE ETHICS COM COMMISSION, I GUESS IS WHAT IT WAS CALLED, OR COMMITTEE HASN'T EVEN MET IN OVER 10 YEARS.

I MEAN, IT WAS OVER 10 YEARS.

YEAH, IT WAS OVER 10 YEARS.

AND, AND, UM, JUST KNOWING THAT THAT CLERGYMAN HASN'T, UM, HE HASN'T SERVED THE CHURCH IN BAYTOWN AND HE HASN'T BEEN LIVING HERE WITH HIS FAMILY IN OVER 10 YEARS.

IT JUST REALLY SHOWED THAT IT WAS, IT WAS A PLACEHOLDER MM-HMM .

AND SO I HOPE THAT, UM, WE ALL TAKE THAT INTO CONSIDERATION BECAUSE IF WE WANT TO HAVE AN ETHICS COMMITTEE THAT TRULY SERVES ITS PURPOSE AND UM, AND MAKES THE, THE TOWNSPEOPLE, I GUESS, AND FEEL LIKE THEY HAVE SOMEWHERE TO TRULY GO, THAT'S GONNA BE HEARD THAT WE TAKE OUT THAT MIDDLE, THAT MIDDLE PIECE.

[00:30:01]

ANY FURTHER QUESTIONS ON THE ITEM? NO.

OKAY.

I'M SEEING AS WE'VE ADDRESSED ALL OF OUR POSTED AGENDA ITEMS, WE ARE NOW ADJOURNED.