2004 06 10 WS MinutesMINUTES OF THE WORK SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
June 10, 2004
The City Council of the City of Baytown, Texas, met in work session on June 10, 2004, at 5:00
p.m. in the Council Chamber, Baytown, Texas, with the following in attendance:
Sammy Mahan
Don Murray
Mercedes Renteria III
Ronnie Anderson
Calvin Mundinger
Gary M. Jackson
Bob Leiper
Gary W. Smith
Absent was: Scott Sheley
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Assistant City Manager
City Clerk
Council Member
The meeting was opened with a quorum present after which the following business was
conducted:
Discuss "Rules and Procedures For Conducting Council Meetings."
Council Member Murray suggested the deletion of Council committees from Section 2. 1,
recognizing that all meetings will be held in compliance with the Texas Open Meetings Act.
Mayor Mundinger asked that Section 4.5 be amended to include the posting of agendas on the
City's website.
Council Member Anderson asked what punishment the Council could impose for misconduct
under Section 2.4. Mr. Jackson responded that the Council could censure one of its members.
Council Member Murray questioned whether the provisions in Sections 4.2, 4.3, and 4.4 that
allow a work session, special meeting or emergency meeting to be called on the request of the
City Manager, Mayor or a majority of the Council violate the Open Meetings Act. Mr. Jackson
noted that the Charter mandates the requirement of a majority of Council requesting the calling
of the meetings.
Mayor Mundinger suggested that Section 6.1(b) provide that three Council Members be able to
place an item on an agenda. Council Member Murray concurred with the suggestion.
Council Members Murray and Renteria and Mayor Mundinger urged changing Section 6.2(e)V
to allow persons who have signed to speak to City Council to pass their time to another person
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Minutes of the Work Session — June 10, 2004
who has signed to speak. Council Member Mahan suggested removing the similar restriction on
passing time in Section 6.2(e)II.
Mr. Jackson suggested the deletion of "and legality" from Section 7.2 relating to the City
Attorney's approval of ordinances and resolutions. Council Member Anderson suggested
inclusion of "the City Attorney's designee" or "Acting City Attorney" to the section in the event
of the City Attorney's absence.
Council Member Murray suggested that the rules as proposed be compared to the MDD rules.
Discuss the process for appointment of District 3 Council Member position.
Council Member Anderson related that District 3 constituents were calling, asking for a voice in
the process. Mayor Mundinger and Council Member Murray related similar calls.
Mayor Mundinger stated that seven applications had been received. The applicants are Kenneth
Mayo, Brandon Capetillo, Manuel Escontrias, Charles Shaffer, Tim Quinton, Lisa Urban and
Martha Barnett. The Charter gives the decision to City Council. District residents have
requested a voice in the decision. The residents of any district would likely want a voice in the
selection.
Council Member Renteria questioned how they would be given a voice. They can express their
concerns. Council, after receiving information from the citizens, votes its conscience.
Council Member Murray stated that the Council should find a nonconfrontational means for the
residents of District 3 to express their thoughts. The decision rests with City Council. The
process should reflect the consensus of District 3. There are good candidates. The position
should be filled within a month. The process used should build a team. A straw vote by the
residents could be used to determine the consensus of the District.
Council Member Anderson asked if a petition could serve the same purpose. Council Member
Murray responded that a petition would place the names in public and possibly cause acrimony.
Mayor Mundinger questioned the integrity of a straw election.
Council Member Renteria suggested a public forum and, during the forum, allow citizens to pose
questions to the applicants and to offer comments on the selection to Council.
Mayor Mundinger referred the concept of the straw poll to staff and stated that at the last
meeting the Council had discussed a forum in a question and answer format. A date should be
selected and time scheduled for the interviews of the applicants. Council Member Murray asked
that each candidate be asked the same series of questions. Mayor Mundinger suggested that each
Council Member prepare one question for the interview. Council Member Anderson reminded
Council to provide a means for District 3 residents to have input.
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Minutes of the Work Session — June 10, 2004
Mayor Mundinger and Council Members Murray, Anderson and Renteria expressed support for
a special meeting on June 22 to begin at 3 p.m. to interview the applicants. Mayor Mundinger
asked that the meeting be videotaped.
Discuss the Water Supply and Waste Disposal Agreement with Chambers County
Municipal Utility District No. 1 as it related to the policy for the provision of utility services
outside the city limits.
Mr. Jackson provided information on the build -out of Chambers County MUD 1. This is public
development within the extra territorial jurisdiction of the City and may become part of the City.
The first agreement with Chambers County MUD 1 was signed on March 4, 1996. The
development has occurred in stages. The new areas proposed for the provision of water are
Hunters Chase and Pine Meadows. Hunters Chase is also proposed for the provision of
wastewater service. The MUD plans to sell debt for the public improvements. If the City
annexes the area, the City will assume the debt. Mr. Jackson reviewed the development timeline
and agreement amendments. At the regular meeting an amendment to the agreement is proposed
that will incorporate all of the former plats and expressly provide which sections and
subdivisions are to be provided with water and/or wastewater.
Discuss appointments:
Mayor Pro Tem
Mayor Mundinger stated that it was Council's decision whether to consider the selection at this
meeting. The Council expressed its preference to wait until all of the Council Members were
present.
Council Representative to the Baytown/West Chambers County Economic
Development Foundation.
Mayor Mundinger stated that the appointment had been rotated between Districts 5 and 6.
Former Council Member Godwin most recently held the position. Therefore, it is appropriate to
consider appointment of the Council Member from District 5.
Adjourn.
There being no further business, Council Member Murray moved that the meeting adjourn.
Council Member Anderson seconded the motion. The vote follows:
Aye: Council Members Anderson, Mahan, Murray, and Renteria
Mayor Mundinger
Nay: None.
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Minutes of the Work Session — June 10, 2004
The motion carried and the meeting adjourned at 6:25 p.m.
Gary W.43mith
City CIerk