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2010 08 24 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 24,2010 The City Council of the City of Baytown,Texas,met in a Special Meeting on Tuesday, August 24,2010,at 5:30 P.M.in the Council Chamber of the Baytown City Hall,2401 Market Street,Baytown,Texas with the following in attendance: Brandon Capetillo Council Member David McCartney Council Member Mercedes Renteria Council Member Terry Sain Council Member Scott Sheley Council Member Stephen H.DonCarlos Mayor Garrison C.Brumback City Manager Bob Leiper Deputy City Manager Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Leticia Garza City Clerk Keith Dougherty Sergeant at Arms Council Member Caskey was absent from the August 24,2010 City Council Special Meeting. Mayor DonCarlos convened the August 24,2010,City Council Special Meeting with a quorum present at 5:30 P.M. Pledge of Allegiance,Texas Pledge and Invocation was led by Council Member Sheley. Mayor DonCarlos gave a presentation related to the Red Light Camera and Public Hearing process.Mayor DonCarlos statedthat the options before Council for consideration is to adopt the petition immediately in ordinance form as submitted or to call for a Special Election to be held in November 2010,to subjectthe petition initiative ordinance to public vote.Furthermore,the Mayor stated that he is concerned with specific language within the initiative ordinance,and would not support its adoption as is, but instead would support taking the initiative ordinance to a vote in November. Page 2 of 9 Minutes of the August 24,2010 City Council Special Meeting 1.PUBLIC HEARING a.Conduct Public Hearing for Red Light Camera Program Initiative Petition - City Clerk. At 5:34 P.M.,Mayor DonCarlos opened the public hearing on the Proposed Initiative Ordinance,which amends Chapter 94 "Traffic and Vehicles"of the Code of Ordinances, Baytown,Texas,by adding Article VIII "Limits of Enforcement,"limitingthe use of traffic law photo-monitoring devices. Mr.Brumback stated that on August 12,2010,the Baytown City Clerk Certified the initiative petition as sufficient,meeting the requirements of the Baytown City Charter and the Texas Election Code and that notice of the public hearing was published in the Baytown Sun on August 17,2010.Mr.Brumback indicated that the notice given was in regards to the Baytown Red Light Camera Program. Will Heierman,Dave Robins,Randall Kallinen,Ron Laughner,Joy Laughner,Byron Schirmbeck,Sharon Smith,Christopher Hernandez,and Calvin Mundinger all registered to address Council regarding agenda item 1 .a. Mr.Will Heierman stated that he didn't think that the red light camera program enhanced public safety. Mr.Dave Robins requested an explanation of the objection to the ordinance specifics. Mayor DonCarlos stated that there is a reference to Section 220 of the Texas Penal Code that does not exist,and in his personal opinion,in order to enforce the ordinance,if adopted by Council;they would have to modify and make corrections.Mr.Robins stated that he is not in favor of the camera program,and that the public should be allowed to vote on this. Mr.Randall Kallinen stated that he is a civil rights lawyer,and that the City of Houston put forth the same argument related to Section 220 and that they have moved forward and placed the item on ballot for November.Mr.Kallinen suggested to Council that they accept the Proposed Ordinance as is,and not wait until November to vote on this. Mr.Ron Laughner stated that he received two (2)citations,one (1)while turning left and on the other when turning right as he was almost through it.He stated that with regards to the first citation,it was dismissed because the timing was not correct;the second citation was not dismissed and he was made to pay the citation.Mr.Laughner stated that he had asked the clerk about the consequences of not paying the fine,to which the clerk responded that while it does not go on his driving record,could not have jail time ortake defensive driving,he would not be able to renew his vehicle tags until he paid the fine. Mrs.Joy Laughner inquired whether or not all voters with a Baytown address would be allowed to vote,Mayor DonCarlos responded that only those registered voters that reside within the city limits of Baytown will be allowed to vote in the November Election and Page 3 of 9 Minutes of the August 24,2010 City Council Special Meeting that legally if a person lives outside of the city limits,even if they have a Baytown address,they can not vote. Mr.Byron Schirmbeck stated that in his analysis,last year accidents were higher at the red light camera locations than before,and encouraged Council to accept the initiative ordinance tonight. Council Member Capetillo stated that he recommends allowing the citizens to vote on this issue as he represents citizens from both perspectives on this issue. Mayor DonCarlos stated that he will be relying on the City of Baytown and Baytown Police Department statistics to determine if the camera system is making Baytown safer, and encourages others to look at all of the different statistics,information and data before making a decision regarding this item. Council Member McCartney stated that he concurs with Council Member Capetillo,and inquired about the contract with company as it relates to liabilities and recommended to take the issue to the voters. Council Member Sain stated that if Council made a decision to accept the Ordinance presented by Mr.Schirmbeck that will only be doing what the citizens who signed the petition wanted,and would not be hearing from all of Baytown citizens. Council Member Renteria inquired if the item can be tabled or suspended until the election.City Attorney,Ignacio Ramirez stated that Council can adopt the Ordinance now and there will not be an election in November;Council may order the election to go forward for November;or Council may electthat there is a need for more time to study the matter within the 60 days from the date that the City Clerk certified the petition.Mr. Ramirez stated that if the decision is that more time is needed,and it goes beyond tonight, the election would be in May. Council Member Renteria inquired about the citizens being allowed to vote on the camera system before being installed,and if any studies were done.Mr.Ramirez stated that Council can not order an election without a petition nor to vote on whether or not to adopt an ordinance.Council Member Sain stated that studies had to be done,in order to install the cameras.Mr.Schirmbeck stated that about ayear ago he requested an engineering study and was told it did not exist and sincethe contract was entered into about a week before the new law (TXDOT 707)began,the City was grandfathered,and exempted from doing so. Mr.Leiper stated that the initial camera was installed about a year before the law was passed and no traffic engineering study was done,but violation studies and temporary monitoring of different intersections weredone by the Baytown Police Department to determine where there were problems at those intersections.Mr.Leiper stated that the action Council took before the last legislative session action was implemented was the expansion of the contract for additional cameras with renewable periods.Mr.Leiper Page 4 of 9 Minutes of the August 24,2010 City Council Special Meeting indicated that the last legislative session new camera contracts that are implemented after a certain date required an engineering analysis in addition to the violation study and so studies and reports called VIMS weredone on all of the intersections.Chief Dougherty stated that the police department provided,at the request of Council,a list of intersections compiled with data from intersections that they received with the most calls regarding vehicle accidents to which included its severity.Chief Dougherty also indicated that Council chose from that list the intersections they felt were most advantageous to implement the red light camera program,and that thedifferences in the data is due to the different causes of each accident.Mr.Sheley stated that based on the information from thepolice department Council voted unanimously to extend the other cameras. Mayor DonCarlos requested that Chief Dougherty provide Council with data from the red light cameras that havebeen there for the last twelve months from the police department. Mr.Schirmbeck stated that his analysis were from the cameras that were up the longest that was submitted from the Baytown Police Department to TXDOT. Ms.Sharon Smith stated that she is against the red light cameras because she doesn't feel that the camera should judge how she drives and she tenses up when she gets to the light infear of getting a camera violation. Mr.Christopher Hernandez stated thatin 2008,he received a violation letter and thought nothing of it,after a number of weeks and the receipt of a number of violation notices, Mr.Hernandez noticed that he has acquired late fees for not paying his citation.Mr. Hernandez stated that he doesn't open any mail that he considers junk mail. Mr.Calvin Mundinger clarified to Council and Mr.Kallinen that the City of Houston is allowing the vote of a Charter Amendment,and not a referendum,which is a different set of rules.Mr.Mundinger also stated that he has data regarding the number of citations made on a monthly basis,which means that the drivers are being more educated and respectful of the red lights,and allows the allocation of law enforcement to delegate time to catching violent criminals.Mr.Mundinger asked the City Attorney whether the ordinance as written was enforceable;City Attorney Ramirez stated that as written the ordinance was not enforceable. At 6:34 P.M.,Mayor DonCarlos closed the public hearing. 2.PROPOSED ORDINANCES a.Consider Proposed Amendments to the Red Light Camera Program -City Clerk. Mayor DonCarlos presented the agenda item to propose an ordinance that amends Chapter 94 "Traffic and Vehicles"of the Code of Ordinances,Baytown,Texas,by adding Article VIII "Limits of Enforcement,"limiting the use of traffic law photo-monitoring devices. Page 5 of 9 Minutes of the August 24,2010 City Council Special Meeting A motion was made by Council Member Sheley,seconded by Council Member Renteria approving to adopt the proposed ordinance for discussion;Council Members Sheley and Renteria withdrew the motion. b.Call Special Election for November 02,2010 -City Clerk. Mayor DonCarlos presented the agenda item. Ordinance No.11,416 calls for a city-wide Special Election to be held on November 02, 2010,in accordance with Article X,Section 104 of the Baytown City Charter submitting to the electors a Proposed Initiative Ordinance which amends the Code of Ordinances of the City of Baytown,Texas,Chapter 94 "Traffic and Vehicles",adding Article VIII "Limits of Enforcement",limiting the use of traffic law photo-monitoring devices. City Attorney,Ignacio Ramirez read the proposed ordinance. Council Member Capetillo inquired that if the ordinance passes will this affect the dash board cameras on thepolice vehicles and the Mayor's reference to the section that supposedly does not exist.Mr.Ramirez stated that in his opinion,if he stepped into the shoes of a defense attorney,he would argue the point of the dash camera being used based on the definition in the ordinance,which is not clear.Mr.Ramirez stated the definition law enforcement is referenced to the Texas Code of Criminal Procedures Article 220 Subsection (1)thru (4),which there is no Article 220 in the Texas Code of Criminal Procedures therefore,that person does not exist and the City can't put a law enforcement officer at the red light camera,because it does not exist and we have peace officers which are defined differently.Mr.Schirmbeck stated that they adopted the language that was already passed from three (3)other cities in Ohio who still havedash cameras.Council Member Sain stated that he would like to see the proposed ordinance be brought back to Council cleaned up before it goes to the voters.Mr.Brumback stated that the proposed ordinance can only be modified after the vote. Council Member Renteria inquired about the decisions of thepolling locations.City Clerk,Leticia Garza stated that with this being a joint election with the counties,they determine the locations. Council Member Sheley recommended putting the election information in the news portion of the water bills. Ms.Sharon Smith recommended educating the citizens of the rules of the red light cameras if they are to be continued in service. A motion was made by Council Member Sheley,seconded by Council Member Renteria approving Ordinance 11,416.The vote was as follows: Page 6 of 9 Minutes of the August 24,2010 City Council Special Meeting Ayes:Council Members:Capetillo,McCartney,Renteria, Sheley,and Mayor DonCarlos Nays:Sain The motion carried. ORDINANCE NO.11,416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,ORDERING A SPECIAL ELECTION TO BE HELD ON THE2ND DAY OF NOVEMBER,2010,FOR THE PURPOSE OF VOTINGFOR OR AGAINST A PROPOSED INITIATIVE ORDINANCE,WHICH LIMITS THE USE OF TRAFFIC LAW PHOTO-MONITORING DEVICES WITHIN THE CITY; DESIGNATING THE MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS;ESTABLISHING THE CENTRAL COUNTING STATION;ESTABLISHING CERTAIN PROVISIONS RELATED THERETO;PROVIDING FORTHE POSTING AND PUBLICATION OF NOTICE;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos recommended voting on agenda items 2.c.and 2.d.together. c.Authorize the Negotiation of Joint Election Agreement with Harris County - City Clerk. Ordinance No.11,417 authorizes the City Manager to negotiate and executea Joint Election Agreement with Harris County for the Special Election to be held on November 02,2010,under terms and conditions deemed acceptable to the City Manager and the City Attorney. The services provided by the County under the agreement include: •The voting equipment and supplies for early voting by personal appearance and mail (EV)and for Election Day (ED). •The polling places for EV and ED,election personnel and will set up the polling places for EV and ED. •The County will be appointed the Early Voting Ballot Board and will employ staff to program and operate the automatic tabulating equipment. •The County will be responsible for the establishment and organization of the Central Counting Station (Election Code Sections 127.001 thru 127.006). •The County agrees to pay the election workers and the City will reimburse the County for same. Page 7 of 9 Minutes of the August 24,2010 City Council Special Meeting A motion was made by Council Member Capetillo,seconded by Council Member McCartney approving Ordinance No.11,417.The vote was as follows: Ayes:Council Members:Capetillo,McCartney,Renteria, Sheley,and Mayor DonCarlos Nays:Sain The motion carried. ORDINANCE NO.11,417 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A JOINT ELECTION AGREEMENT WITH HARRIS COUNTY FOR THE SPECIAL ELECTION TO BE HELD ON THE 2ND DAY OF NOVEMBER,2010;AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00);AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d.Authorize the Negotiation of JointElection Agreement with Chambers County -City Clerk. Ordinance No.11,418 authorizes the City Manager to negotiate and execute a Joint Election Agreement with Chambers County for the Special Election to be held on November 02,2010,under terms and conditions deemed acceptable to the City Manager and the City Attorney. The services to be provided by the County shall include: •The voting equipment and supplies for early voting by personal appearance and mail (EV)and for Election Day (ED). •The polling places for EV and ED,election personnel and will set up the polling places for EV and ED. •The County will be appointed the Early Voting Ballot Board and will employ staff to program and operate the automatic tabulating equipment. •The County will be responsible for the establishment and organization of the Central Counting Station (Election Code Sections 127.001 --127.006). •The County agrees to pay the election workers and the City will reimburse the County for same. Page 8 of 9 Minutes of the August 24,2010 City Council Special Meeting Ordinance No.11,418 authorizes the City to pay Chambers County an amount not to exceed $10,000 for such services. A motion was made by Council Member Capetillo,seconded by Council Member McCartney approving Ordinance No.11,418.The vote was as follows: Ayes:Council Members:Capetillo,McCartney,Renteria,Sain, Sheley,and Mayor DonCarlos Nays:None The motion carried. ORDINANCE NO.11,418 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A JOINT ELECTION AGREEMENT WITH CHAMBERS COUNTY FORTHE SPECIAL ELECTION TO BE HELD ON THE 2ND DAY OF NOVEMBER,2010;AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT NOT TO EXCEED TEN THOUSAND AND NO/100 DOLLARS ($10,000.00);AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3.MANAGER'S REPORT There was no report. 4.ADJOURN A motion was made by Council Member McCartney,seconded by Council Member Renteria adjourning the August 24,2010,City Council Special Meeting.The vote was as follows: Ayes:Council Members:Capetillo,McCartney,Renteria,Sain, Sheley and Mayor DonCarlos Nays:None The motion carried. Page 9 of 9 Minutesof the August 24,2010 City Council Special Meeting Mayor DonCarlos adjourned the City Council Special Meeting of August 24,2010 at 7:00 P.M. Leticia Garza,C City of Baytown