2001 08 23 WS Minutesim
MINUTES OF THE WORK SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
August 23, 2001
The City Council of the City of Baytown, Texas, met in work session on August 23, 2001,
at 5:45 p.m. in the Council Chamber (moved from the Hullum Conference Room to
accommodate the public in attendance) of Baytown City Hall, 2401 Market Street,
Baytown, Texas, with the following in attendance:
Ronnie Anderson
Council Member
Coleman Godwin
Council Member
Calvin Mundinger
Council Member
Don Murray
Council Member
Mercedes Renteria III
Council Member
Scott Sheley
Council Member
Pete C. Alfaro Mayor
Monte Mercer City Manager
Ignacio Ramirez, Sr. City Attorney
Gary W. Smith City Clerk
The meeting was opened with a quorum present after which the following business was
conducted:
Discuss options and responses concerning TSP Development, Ltd permit process.
City Manager, Monte Mercer, reviewed the activities of other organizations in opposition
to the proposed landfill and the activities of the City and staff related to the proposed
landfill.
John Hightower, Olson & Olson, was introduced and discussed the issues related to the
proposed declaratory judgment action to determine whether seeking party status would be
a breach of the industrial district agreement. In response to questions posed, Mr.
Hightower related that he had reviewed the industrial district agreement with USX. He
opined that participation in the permit process related to the proposed landfill would not be
a breach of the industrial district agreement. He stated that adoption of an ordinance
regulating the landfill, or enforcement of such an ordinance, or annexation of the area
would be breach of the agreement. The City should be able to participate in the same
manner as a private citizen. Although there is concern because of the LaPorte case, the
facts are not the same. Mr. Hightower reviewed the background of his firm and his
experience as an attorney. If the City actively participates in the permit hearings, the
City's position will become more dangerous.
Page 2 of 2
Minutes of the Work Session — August 9, 2001
Consider appointments.
Reinvestment Zone Number One, City of Baytown, Board of Directors.
The list of nominees was updated. Jon Pfennig withdrew his name from consideration.
Rick Rice was not eligible for appointment. The nominees are Don Murray, Tom Gidley,
Will Dean, John Strausser, and Reggie Brewer. One appointment will be held until Lee
College, Goose Creek Consolidated Independent School District and Hams County make
their appointments.
Council Member Sheley questioned whether the appointments would be consistent with
prior practice, as one nomination was made after the deadline and one was omitted until
after the deadline.
Parks and Recreation Board.
Mayor Alfrm announced his appointment of Howard Hunt to replace Bill Gilbert. Ralph
Ugalde indicated that he could no longer some on the Board.
Local Law Enforcement Block Grant Advisory Board.
This item was not ready for consideration.
Board of Adjustment.
William Reineke, Mary Ann Tucker, Mike Wilson and Bobby Lintelman are each willing
to serve if reappointed. Jon Pfennig has asked not to be reappointed.
Adjourn.
Council Member Mundinger moved adjournment. Council Member Murray seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, Renteria and
Sheley
Mayor Alfaro
Nays: None.
There being no further business the meeting adjourned at 6:17 p.m.
Gdty W Smith, City Clerk