2010 11 15 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN
November 15,2010
The City Council of the City of Baytown,Texas,met in a Special Meeting on Monday,
November 15,2010 at 5:04 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
Lynn Caskey Council Member
David McCartney Council Member
Terry Sain Council Member
Scott Sheley Council Member
Stephen DonCarlos Mayor
Garrison C.Brumback City Manager
Bob Leiper Deputy City Manager
Kevin Trailer Assistant City Manager
Ignacio Ramirez City Attorney
Leticia Garza City Clerk
Keith Dougherty Sergeant at Arms
Council Member Mercedes Renteria was absent from the November 15,2010,City
Council Special Meeting.
Mayor DonCarlos convened the November 15,2010,City Council Special Meeting with
a quorum present at 5:04 P.M.
1.PROPOSED RESOLUTIONS
a.Canvass November 2,2010,Special Election Returns -Administration.
Mayor Don Carlos presented the item to canvass the returns of the City of Baytown's
November 2,2010,Special Election.
City Manager,Garry Brumback stated that pursuant to Chapter 67 of the Texas Election
Code,the "canvass"is the name given to the official examination of the votes cast in an
election.Every general and/or special election held in Texas must be canvassed,per
Sections 67.001-67.002 of the Texas Election Code.The law imposes an unavoidable
duty on political subdivisions to canvass elections in an official meeting in order to
formally accept the results ofan election.
Page 2 of8 Minutes of the November 15,2010 City Council Special Meeting
This canvass will make the results of the November 02,2010,City of Baytown Special
Election final and official.These results include all Election Day,Early Voting by
Personal Appearance,Provisional,Overseas and Mail ballots.
Mayor DonCarlos began the canvass and stated that the Council shall conduct the
canvass of the City of Baytown Special Election held on November 02,2010.Through
the City Clerk,the Mayor delivered thesealed precinct returns to the members of
Council,as the City Council asthe canvassing authority.The Council shall prepare a
tabulation stating for and against Proposition No.1 the total number of votes received in
each precinct,the sum of the precinct totals tabulated,and the total number of voters for
each precinct who cast a ballot for or against Proposition No.1.
The City Clerk,at the request of the Mayor handed out the proposed tabulations by
precinct,which includes the total votes for and against the proposition and the total votes
cast to each member of Council.The Mayor read the following tabulations out loud:
CITY OF BAYTOWN CANVASS
NOVEMBER 2,2010 SPECIAL ELECTION
Race Tide
Proposition 1 (Harris County)
For
Against
Provisional (cast/counted/rejected)
Total
Proposition 1 (Chambers County)
For
Against
Provisional (cast/counted/rejected)
Total
Harris and Chambers Combined
For
Against
Provisional (cast/counted/rejected)
Total Votes Cast
Precinct
Precinct 05/11
For
Against
Total Votes Cast
Precinct 12
For
Against
Canvass Totals*
5,656
4,102
44/5/39
9,758
701
405
0/0
1,106
6357
4,507
44/5/39
10,864
Canvass Totals*
701
405
1,106
126
89
%
57.96%
42.04%
100%
63.38%
36.62%
100%
58.52%
41.48%
%
63.38%
36.62%
58.60%
41.40%
Page 3 of 8 Minutes of the November 15,2010 City Council Special Meeting
Under Votes
Total Votes Cast
Precinct 13
For
Against
Under Votes
Total Votes Cast
Precinct 28
For
Against
Under Votes
Total Votes Cast
Precinct 63
For
Against
Under Votes
Total Votes Cast
Precinct 560
For
Against
Under Votes
Total Votes Cast
Precinct 100
For
Against
Under Votes
Total Votes Cast
Precinct 102
For
Against
Under Votes
Total Votes Cast
Precinct 102
For
Against
Under Votes
Total Votes Cast
Precinct 103
For
Against
18
233
666
481
105
1,252
609
561
89
1,259
0
0
0
0
303
200
57
560
300
188
51
539
237
163
81
481
237
163
81
481
169
73
58.06%
41.94%
52.05%
47.95%
0
0
0
0
60.24%
39.76%
61.48%
38.52%
59.25%
40.75%
59.25%
40.75%
69.83%
30.17%
Page 4 of 8 Minutes of the November 15,2010 City Council Special Meeting
Under Votes
Total Votes Cast
Precinct 248
For
Against
Under Votes
Total Votes Cast
Precinct 249
For
Against
Under Votes
Total Votes Cast
Precinct 250
For
Against
Under Votes
Total Votes Cast
Precinct 386
For
Against
Under Votes
Total Votes Cast
Precinct 387
For
Against
Under Votes
Total Votes Cast
Precinct 414
For
Against
Under Votes
Total Votes Cast
Precinct 456
For
Against
Under Votes
Total Votes Cast
Precinct 532
For
Against
11
253
192
160
91
443
544
430
90
1064
0
0
0
0
310
194
48
552
0
0
0
0
804
588
86
1478
536
337
87
960
223
202
54.55%
45.45%
55.85%
44.15%
0.00%
0.00%
61.51%
38.49%
0.00%
0.00%
57.76%
42.42%
61.40%
38.60%
52.47%
47.53%
Page 5 of 8 Minutes of the November 15,2010 City Council Special Meeting
Under Votes
Total Votes Cast
Precinct 533
For
Against
Under Votes
Total Votes Cast
Precinct 739
For
Against
Under Votes
Total Votes Cast
Precinct 740
For
Against
Under Votes
Total Votes Cast
45
470
182
124
28
334
446
303
83
832
9
9
2
20
59.48%
40.52%
59.55%
40.45%
50.00%
50.00%
A motion was made by Council Member Sheley and seconded by Council Member
McCartney approving Resolution No.2104.The vote was as follows:
Ayes:Council Members:Caskey,Capetillo,McCartney,Sain,
Sheley,and Mayor DonCarlos
Nays:None
Mayor Don Carlos asked the City Manager for any concluding comments;City Manager
Brumback stated that at the time of the election,the total number of registered voters in
Harris County and within the city limits of Baytown was 30,228,with 10,790 ballots
being cast.This resulted in a 35.5%voter turnout.
In Chambers County,the total number of registered voters within the city limits of
Baytown was 4,414,with 1,730 ballots being cast.This resulted in a 39.19%voter
turnout.
With the two (2)counties combined,the City of Baytown had a total of 34,642 registered
voters,with 12,520 ballots being cast in this election,which results in an estimated
36.14%voter turnout.Mr.Brumback stated that this election showed an extraordinary
amount of voter participation and that the citizens of Baytown had definitely voiced their
opinionthrough their right to vote.
Mayor DonCarlos concluded the canvass and stated that he was delivering the precinct
returns,tally lists,and early voting precinct report used in our canvass to the City Clerk,
the general custodian of election records,who shall preserve them for the period for
Page 6 of 8 Minutes of the November 15,2010 City Council Special Meeting
preserving precinct election records and was available for review,if desired in the City
Clerk's Office in City Hall.
After a brief discussion regarding the need of a clarifying vote as it related to the
canvassing of the November 02,2010,Special Election,the Mayor,with the support of
the city attorney requested a clarification motion and vote to approve a Resolution
canvassing the City of Baytown November 02,2010 Special Election results.
A motion was made by Council Member Caskey and seconded by Council Member
Sheley approving Resolution No.2104.The vote was as follows:
Ayes:Council Members:Caskey,Capetillo,McCartney,Sain,
Sheley,and Mayor DonCarlos
Nays:None
The motion carried.
RESOLUTION NO.2104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,CANVASSING THE RETURNS OF THE
SPECIAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON
THE 2ND DAY OF NOVEMBER,2010,FOR THE PURPOSES OF
CONSIDERING AN INITIATIVE ORDINANCE LIMITING THE USE
OF TRAFFIC LAW PHOTO-MONITORING DEVICES WITHIN THE
CITY;FINDING THAT NOTICE OF THE SPECIAL ELECTION WAS
PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE
PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS;AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
2.PROPOSED ORDINANCES
a.Declare Results of the November 2,2010,SpecialElection -Administration.
Mayor Don Carlos presented the item to consider an ordinance declaring the results of the
Special Election held on November 02,2010,which submitted to the electors an initiative
ordinance,which limits the use of traffic law photo-monitoring devices within the City.
City Manager Brumback stated that Ordinance No.11,495 declares the results of the City
of Baytown Special Election held on November 02,2010,which submitted to the electors
a proposed initiative ordinance,which limits the use of traffic law photo-monitoring
devices within the City.This declaration is required pursuant to Section 96 of the Charter
and is consistent with Ordinance No.11,416,calling the Special Election.
Mr.Byron Schirmbeck registered to speak on item 2.a.
Page 7 of 8 Minutes of the November 15,2010 City Council Special Meeting
City Manager Brumback made a point of clarification stating that the election in Baytown
was different than that of Houston and that the results did not eliminate the red light
cameras,but modified their use.In other words,the City could post an officer at each of
the intersections where a red light camera is positioned and citations would continue to be
valid.The City Manager stated that the City would comply with the ordinance,and
maintain legal and financial responsibility for the well being and safety of the citizens.
A motion was made by Council Member Sheley and seconded by Council Member
MCCartney approving Ordinance No.11,495.The vote was as follows:
Ayes:Council Members:Caskey,Capetillo,McCartney,Sain,
Sheley,and Mayor DonCarlos
Nays:None
The motion carried.
ORDINANCE NO 11,495.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,DECLARING THE INITIATIVE ORDINANCE,
LIMITING THE USE OF TRAFFIC LAW PHOTO-MONITORING
DEVICES WITHIN THE CITY,ADOPTED;AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
b.Amend Initiative Ordinance -Legal.
Mayor Don Carlos presented the item to consider an ordinance amending Chapter 94
"Traffic and Vehicles,"Article VIII"Limits on Enforcement"of the Code of
Ordinances to clarify the initiative ordinance consistent with its stated purpose.
City Manager Brumback stated that Ordinance No.11,496 amends Chapter 94 "Traffic
and Vehicles,"Article VIII "Limits on Enforcement"of the Code of Ordinances to clarify
the initiative ordinance consistent with its stated purpose.
City Attorney Ignacio Ramirez stated that the ordinance clarifies a number of small
items,but the one of most importance is changing the definition of law enforcement
officer to that of peace officer;thus making the initiative ordinance enforceable
A motion was made by Council Member McCartney and seconded by Council Member
Caskey approving Ordinance No.11,496.The vote was as follows:
Ayes:Council Members:Caskey,Capetillo,McCartney,Sain,
Sheley,and Mayor DonCarlos
Nays:None
Page 8 of 8 Minutes of the November 15,2010 City Council Special Meeting
The motion carried.
ORDINANCENO.11,496
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS,AMENDING CHAPTER 94 "TRAFFIC AND
VEHICLES,"ARTICLE VIII "LIMITS ON ENFORCEMENT"OF THE
CODE OF ORDINANCES,BAYTOWN,TEXAS,TO CLARIFY AND
ADD CERTAIN DEFINITIONS TO ENACT THE WILL OF THE
VOTERS;PROVIDING A SAVINGS CLAUSE;AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
3.EXECUTIVE SESSION
a.Executive Session:American Traffic Solutions,et al.v.City of Bay town,ct
al.-Legal.
This item was not taken.
4.ADJOURN
A motion to adjourn was made by Council Member McCartney and secondedby Council
Member Capetillo.The vote was as follows:
Ayes:Council Members:Caskey,Capetillo,McCartney,Sain,
Sheley.and Mayor DonCarlos
Nays:None
The motion earned.
With there being no further business to discuss,Mayor DonCarlos adjourned the
November 15,2aL&jCit£-Council Special Meeting at 5:20 P.M.
Letieia
City.