2005 12 08 WS MinutesMINUTES OF THE WORK SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 8, 2005
The City Council of the City of Baytown, Texas, met in work session on December 8, 2005, at 5:15
p.m. in the Auditorium of the Baytown Community Center, Baytown, Texas, with the following in
attendance:
Ronnie Anderson
Brandon Capetillo
Sammy Mahan
Don Murray
Scott Sheley
Calvin Mundinger
Gary M. Jackson
Bob Leiper
Kelvin Knauf
Ignacio Ramirez, Sr.
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Deputy City Manager
Assistant City Manager /Interim City Clerk
City Attorney
The meeting was opened with a quorum present after which the following business was conducted:
Discuss a possible election for public safety- related sales tax(es) — Crime Control Prevention
District/Fire Control Prevention and Emergency Medical Services District
City Manager Jackson reminded Council of prior discussions during the budget work sessions earlier
in the year regarding a public safety sales tax. He said different components related to such a tax
include a Crime Control Prevention District (OCPD), similar to that which was previously in effect
from 1998 -2002. He said, however, if such a district were again created, while operating under the
same statute, it would be completely separate from the former. Different increments of the tax,
from 1 /a% to ' /s% could be imposed. Another type of district which Council has discussed is a Fire
Control Prevention and Emergency Medical Services District (FCPEMSD). The 1/% tax could also
be divided equally between two such districts.
Mr. Jackson noted that, if two such districts were approved by voters, at least $750,000 could be
realized for each of the first four years of operation, which would then be dedicated to that
particular district. Fie said that both districts would be approved for a five -year term which then
must be renewed by voters to continue beyond that time. Mr. Jackson stated that the OCPD has the
potential for a longer term after the first five -year term He said that it is possible to place these
questions on the May 2006 ballot if Council so desires. He said that, due to questions that arose in
2002 which may have caused the renewal of the CCPD to fail, the Public Safety Committee of the
Chamber of Commerce has been studying the issue and is working towards encouraging grass -roots
support in the community.
The different uses of the funds of the districts were discussed. The length of the terms and
specificity of how the funds would be used was addressed in relation to the defeat of the C CPD in
2002 and how to prevent such a defeat at the polls again, should the issues be placed on the May
ballot.
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Minutes of the Work Session — December 8, 2005
It was the consensus of Council present that before the deadline of March 13, Council should
thoroughly review the options regarding placing these issues on the May ballot. In addition, the
Public Safety Committee of the Chamber of Commerce should be included during these discussions.
The possibility of a countywide district usurping the 1/% sales tax without local control was briefly
discussed.
Receive and discuss a report on solid waste gross receipts tax payments due from Liberty
Waste Systems, Inc.
Mr. Jackson informed Council that a City ordinance exists which requires local waste haulers to
obtain a permit and pay a gross receipts tax to the City. If a company does not pay this tax, it can be
fined or ticketed by the Baytown Police Department and may not be issued a permit to operate
within the City. Currently, Liberty Waste Systems, Inc., a commercial waste hauler, is in arrears in
the payment of this tax in the amount of $35,202.15. Mr. Jackson stated that the City will not renew
the company's permit and will issue citations if the company is found to be operating in the City
without such permit.
Finance Director Rhonda Young reported that, while the company is not paying the gross receipts
tax to the City, it continues to pass the cost on to its customers. She said that staff has made
continued efforts to collect the tax payments with little or no success.
Means of collecting the tax payments, and the safety of the company's vehicles were discussed.
City Attorney Ramirez stated that the City can file suit against the company for nonpayment of the
taxes. If a judgment is rendered in the City's favor, the City could then attach the company's
property, including trucks and its site of operation, if owned by the company.
There was discussion regarding the need for competitors to take over the responsibilities of Liberty's
customers before a health risk should develop, whether or not the company's vehicles are operating
in a safe manner, and how best to protect the City from such non - payment problems in the future.
Discuss the process for possible amendment/ rewrite of the City Charter.
Mr. Jackson reminded Council of the many hours of hard work done by the Charter Review
Committee before the submittal of the Committee's final report earlier in the year. The
recommendation of the Committee was that the Charter be rewritten in its entirety. Because this
would be the equivalent of a new Charter, to do so would require the election of a Charter
Commission which would then draft the new Charter. Another election would then be required to
approve the new Charter.
Mr. Jackson said Council could also simply review the information submitted by the Comrittee to
determine if a new Charter is indeed necessary. If not, Council could prioritize some amendments
to the current Charter to be placed on a future ballot. He noted that doing so could further
complicate matters if amendments to interrelated sections were not all approved by the voters.
It was suggested that Dr. Joe Floyd, the chairman of the Curter Review Committee, address
Council regarding the reason the Committee made the recommendation to draft a new Charter.
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Minutes of the Work Session - December 8, 2005
Council Member Renteria arrived at 6:00 p.m
An amended Charter, as opposed to a new Charter, whether the May 2006 election date would be
too soon to place Charter amendments on the ballot, whether the ballot should also contain the
election of a Charter Commission, and a compromise of placing some of the more pressing
amendments on the May ballot and the election of a Charter Commission, were debated.
City Attorney Ramirez noted that state law limits Chatter elections to once every two years. Mr.
Jackson stated that an elected Commission is an independent body and would not be bound by any
direction of City Council. Mr. Ramirez said that the new Charter would be placed on the ballot with
or without the approval of City Council.
It was the consensus of Council that the issue be studied in depth in the coming months.
Appointments
Baytown Industrial Development Corporation Board. Council will discuss appointments to the
Corporation during the regular meeting.
Community Development Advisory Committee. Council will discuss appointments to the
Committee during the regular meeting.
Emergency Medical Services Advisory Committee. Council will discuss appointments to the
Committee during the regular meeting.
Adjoum.
There being no further business, Council Member Mahan moved adjournment. Council Member
Murray seconded the motion. The vote follows:
Aye: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley
MayarMundinger.
Nay: None.
The motion carried and the meeting adjourned at 6:23 p.m.
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Kelvin Knauf
Interim Cty rk
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