2017 10 12 WS Minutes MINUTES OF THE REGULAR WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
October 12, 2017
The City Council of the City of Baytown, Texas met in a Regular Work Session on October 12,
2017, at 5:30 P.M., in the Hullum Conference Room of the Baytown City Hall, 2401 Market
Street, Baytown,Texas with the following in attendance:
Laura Alvarado Council Member
Robert Hoskins Council Member
Charles Johnson Council Member
David McCartney Council Member
Chris Presley Council Member
Terry Sain Council Member
Stephen DonCarlos Mayor
Rick Davis City Manager
Ignacio Ramirez City Attorney
Leticia Brysch City Clerk
Mayor DonCarlos convened the October 12, 2017, City Council Regular Work Session with a
quorum present at 5:30 P.M., all members were present.
1. DISCUSSIONS
a. Present an update regarding the City of Baytown recovery efforts for Hurricane
Harvey.
City Manager Davis presented the agenda item and stated that the staff would be present the
Council with a final update of the City's response and recovery related to Hurricane Harvey.
Public Works Director, Frank Simoneaux presented the council with a map identifying the status
of the City's debris collection. He stated that the City completed the first pass throughout the
City, but there were still some homes in isolated spots that were not been serviced yet. He stated
that the City started its final debris removal pass on Monday, October 9th. He noted that the
contractor would lead the final pass and that Public Work's crews returned to their regular duties,
but still provides support with debris removal on the weekend. He further stated that he spoke
with the debris contractors,who identified November 2nd as their completion date.
Mr. Simoneaux stated that Council would start to see that homes were going to continue to
generate debris throughout their construction process, which would be handled by Public Works
moving forward. He further stated that notices were going to go out to the residents to let them
know that Public Works would continue to pick up their debris even after the contractor leaves,
but that it would be a process.
City Council Regular Work Session Minutes
October 12,2017
Page 2 of 5
Mayor DonCarlos asked if the City was going to conduct run-throughs of the neighborhoods in
order to ensure that the debris is collected. Mr. Simoneaux noted that Public Works was going
back to its once a month brush pickup, but was instituting some run-throughs of the most
affected areas and a debris pick-up based on call—ins, which was going to be a continuous and
ongoing process until further notice.
Assistant City Manager Troller noted that in normal remodeling circumstances it would be the
responsibility of the contractors and/or the residents to handle their own debris.
Deputy City Manager Bottoms noted that staff did stress to the contractor that they need to wrap
up their debris pick up by the November 2nd deadline. He noted that there were still some major
areas having debris issues,but for the most part, there were a lot of areas that look very good. He
further noted that the debris monitor has kept track of their time and also thinks that November
2nd is a good deadline. Additionally, he stated that the City is aware that it will have to continue
to provide services to the residents for their debris removal needs, and it would be handled in
house.
Deputy City Manager Bottoms, in response to a question from Council Member Hoskins noted
that staff is addressing damage to the City's infrastructure, to include curbs and sidewalks,based
on the reports from staff.
Mayor DonCarlos inquired if the FEMA reimbursement for debris removal ended when the
debris removal contractor leaves or is there was a way to monitor the debris removal handled by
staff.
In response to Mayor DonCarlos's inquiry, Finance Director, Wade Nickerson stated that
generally it has a time frame of 30 to 60 days. Mr. Nickerson further stated that many times the
reimbursements are tied to when the contractor leaves, but they are changing some of the rules
for this event and giving the City an opportunity to capture some of the staff time and labor
related to debris pickup. He noted that this new information was received earlier in the day, so
staff is still processing the applications and how it is going to move forward as it relates to debris
removal. He stated that there was an item on the agenda to approve a Grant Agreement for
expedited FEMA funding through the Department of Public Safety and the Texas Division of
Emergency Management (TDEM) in order to get reimbursed from FEMA for some of the
advanced funding. He stated that staff already submitted about $ 2 million in category A for
debris removal and about $580,000 related to emergency response expenditures. He further
stated that once Council approves said agreement, TDEM would have all the information they
need in order to refund 40% of the City's submitted expenses within days. Additionally, he
stated that FEMA is in the City completing inspections and FEMA has assigned the City with its
own project manager that's working with staff on the project worksheets.
Mayor DonCarlos asked what would be the process for the City to pick up and dispose of
Hurricane Harvey related debris in order for that to be reimbursed by FEMA. Mr. Nickerson
stated that in order to receive reimbursement from FEMA, the monitor would have to see the
debris pickup and the delivery to the landfill. He further noted that the only thing the City would
City Council Regular Work Session Minutes
October 12,2017
Page 3 of 5
be able to get reimbursed would be the actual cost of labor as once the debris contractor and
monitor leave, the debris reimbursements also go away. Additionally, he noted that this system
could change but at such time did not.
City Manager Davis noted that there would be a number of scenarios to pop up as it relates to
debris, and staff will remain vigilant and respond as they come up, as the City will we are not
going to leave people high and dry during this recovery.
Mayor DonCarlos stated that the Council has been very pleased with the work, as well as, the
speed of the recovery and further asked that staff extend Council's thanks to the Public Works
staff for doing an outstanding job.
b. Discuss the possible formation of a subcommittee of Council to review and
recommend changes regarding the City of Baytown building policies, regulations and codes
with an emphasis on the Neighborhood Empowerment Zone area.
Council Member Presley stated that he, along with Council Members McCartney and Alvarado
wanted to discuss the creation of a committee that will review the building codes and policies in
the Neighborhood Empowerment Zone. He stated that in his opinion the processes and codes in
place are difficult to put into place in the older areas of Baytown that continue to be challenged.
He noted that old buildings are more expensive to rebuild and bring to code, which many times
leave them to rote and eventually be torn down. He stated that in speaking to other building
professionals there may be room for improvement in the process. He that he believed that such a
review would be welcome by all, especially staff, who at times is in a precarious position to bend
a rule or building code, because what you do for one (1) you have to do for all. He also noted
that staff at times is put in a position where they can only use the tools that they have at their
disposal.
Council Member Presley stated that the concept is to form a committee, not of lay people, but
with some technical experts to review the process to see if there's any room for improvement and
if so, can be submitted to council as recommendations that may or may not be adopted. He stated
that Council has a lot of trust in the Mayor, which is hopefully reciprocated and council members
will be given the opportunity to review these codes. He noted that this committee is not a knock
on the staff, but they have to follow things by the book and it would be good to have an outside
point of view to look at these areas with fresh eyes. Additionally, he further stated he wanted to
see these older areas of town redeveloped and not have to jump through a bunch of unnecessary
hoops to get there.
Mayor DonCarlos requested clarification on the type of committee being requested, as what has
been presented is committee with subject matter experts of outside people and no laypeople,
while the item on the agenda talks about a subcommittee of council members. Council Member
Presley stated that frankly, he didn't want this committee to be compromised solely by council
members, but that he wanted to be a part of the committee because he had a good perspective of
both sides as he had a lot to offer, in which there was no one more qualified to be on this
committee. He further noted that in addition to himself, he would like to see architects,
engineers and others.
City Council Regular Work Session Minutes
October 12,2017
Page 4 of 5
Council Member Sain asked how people would be appointed to this committee.
Mayor DonCarlos stated that he would not recommend the additional of any member of Council
that has property in the Neighborhood Empowerment Zone on the committee as it would be
perceived as a conflict of interest and further noted that Council Members Presley, McCartney
and Alvarado would be welcomed to give their input to the committee, but he did not believe it
would be proper for them to be voting members. Additionally, he noted that from his
understanding staff is well along in its review of the City's building codes.
Planning and Community Development Director, Tiffany Foster stated that staff is reviewing the
2009 International Property Codes, which includes the Fire Codes, the existing Building Codes
and the Regular Building Code. She noted that staff intends to bring Council the updates for
these codes by the end of the year, in order for them to adopt the 2015 International Property
Codes. Mrs. Foster in response to a question from Council Member McCartney stated that the
adoption of the 2015 codes do not necessarily make the building codes more stringent.
Council Member Presley stated that from his perspective the existing building code is not always
implemented to the degree that it could be in the City of Baytown and that's a long standing fact.
He noted that Council places a lot of faith in him (the Mayor), and it was his hope that the Mayor
would have the same belief and trust in them to know that there may be more instances for
improvement. He further noted that they would not have brought the item forward for
consideration if they didn't truly believe that there were opportunities for improvement in this
process.
Mayor DonCarlos asked Mrs. Foster how a newly appointed subcommittee would impact staff's
ongoing review process. Mrs. Foster stated that there's not a committee reviewing the codes,
staff is reviewing the implementation of the 2015 International Building Codes and noted that the
City has a committee in place that has an engineer, architect, etc., and it's the Construction Board
of Appeals. She further noted that this board has the capability to look at these codes, variances
for specific properties, buildings, and issues. Mayor DonCarlos asked if he could give the
Construction Board of Appeals the task of specifically reviewing the building codes associated
with the Neighborhood Empowerment Zone. Mrs. Foster noted that this board already exists and
could undertake that noted task if it is the desire of the Council. Council Member Presley noted
that this board does exist, but they very rarely given the ability to exercise that authority and
further noted that the Construction Boards of Appeals in other cities are given much more
authority than what is given in Baytown.
Council Member Alvarado stated that her interest is not only the redevelopment of existing
buildings, but also the building of new ones. She stated that in beginning the process for the
master plan for West Baytown there are a lot of areas with empty slab, so she wanted to look at
the codes that would help attract builders that are going to have to build from the ground up.
Mayor DonCarlos asked how many positions were on the Construction Board of Appeals. Mrs.
Foster stated that there are seven (7) positions on this board and no member of staff sits on it.
City Council Regular Work Session Minutes
October 12,2017
Page 5 of 5
City Clerk, Leticia Brysch noted that this board convenes as needed and currently has two (2)
vacancies: for a master plumber and an architect. She further noted that this board has a
journeyman plumber, general contractor, an engineer and two (2) at-large positions.
Mayor DonCarlos stated that he would like to review this board and consider putting together a
hybrid of this committee with others, but keeping it at about five (5) people to review these
specific codes. He stated that he would come back to the Council with an option, but in the
meantime requested that council members be working on their input and suggestions to submit to
this committee for review.
Council Member Presley stated that just for the records, he doesn't have undeveloped property in
the empowerment zone and is interested only in correcting this problem for future developers.
c. Discuss any or all of the agenda items on the City Council Regular Meeting Agenda
for October 12, 2017, which is attached below.
City Clerk, Leticia Brysch stated that item 4.a. on the regular agenda was removed from
consideration and no action is required on this item. She also noted that the executive session
will be taken out of order and will be taken before item 3.a. related to the tank farm.
2. ADJOURN
With there being no further business to discuss, Mayor DonCarlos adjourned the October 12,
2017, City Council Regular Work Session at 5:59 P.M.
dP/ILA J101-14 `...ip: Ar
Leticia Brysch, City Cl! ;y --" s
City of Baytown o�s