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