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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. Page 2 of 3 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. Page 3 of 3 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. u Kelvin Knauf Interim Cty rk rr