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2011 05 23 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 23, 2011 The City Council of the City of Baytown, Texas, met in a Special Meeting on Monday, May 23, 2011, at 11:00 A.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 Mayor Pro Tem Kevin Troller Assistant City Manager Ignacio Ramirez City Attorney Leticia Brysch City Clerk Mayor Pro Tem McCartney convened the May 23, 2011, City Council Special Meeting with a quorum present at 11:00 A.M., all members were present with the exception of Council Members Renteria, Sain, and Sheley and Mayor DonCarlos. 1. REPORTS a. Canvass the May 14, 2011, General and Special Elections - City Clerk. Mayor Pro Tem McCartney presented the agenda item to canvass the returns of the City of Baytown General and Special Elections held on May 14, 2011. Mayor Pro Tem McCartney stated that in compliance with state law, he was receiving the final election results in a sealed envelope from the City Clerk. He also stated that the City Clerk was distributing a copy of said results for their review. Mayor Pro Tem, read the precinct by precinct returns of the General and Special Election, which included the election of council members for Districts Four (4), Five (5) and Six (6), as well as Proposition No. 1, calling for the recall of Council Member Scott Sheley in Council District Two (2). Mayor Pro Tem McCartney stated that the votes were as follows: Precinct Canvass Totals for Citv of Bavtown Pronosition Precinct # Yes No Under Votes Total Votes Cast 99 56 125 181 100 15 21 36 248 92 60 2 154 Total 163 206 1 2 1 371 Precinct Canvass Totals for Council District 4 Precinct # David Lee Terry Sain Under Votes Total Votes Cast 12 16 22 1 39 28 25 124 2 151 414 4 3 2 9 456 32 52 2 86 Total 77 201 7 285 Precinct Canvass Totals for Council District 5 Precinct # Robert Hoskins Lynn Caskey IIII Under Votes Total Votes Cast 05111 61 32 7 100 12 1 2 3 386 23 5 28 414 143 14 6 163 532 1 0 7 1 Total 229 53 13 295 Precinct Canvass Totals for Council District 6 Precinct # Sammy Mahan David McCartney Under Votes Total Votes Cast 05111 1 0 1 12 4 19 23 99 1 0 1 100 7 45 4 56 249 129 159 7 295 414 25 8 33 532 58 65 123 Total 225 296 11 532 City Clerk Brysch stated that as there were there were no votes to cast in precincts 63 and 250, as there were registered voters in these areas and were thus not listed in the canvass results read out loud, but were included in the official canvass records. Mayor Pro Tem McCartney stated that the canvass paperwork was being returned to the City Clerk as record of the formal canvass results, which would be maintained for 22 months per the record retention set by the Texas State Library and Archives Commission. Lastly, Mayor Pro Tern McCartney stated that the canvass records would be available to the public in the City Clerk's Office through the Public Information Request Process. Mayor Pro Tem McCartney stated that the votes for the City of Baytown May 14, 2011 General and Special Election were now canvassed per state law. 2. PROPOSED RESOLUTIONS a. Consider Declaring the Results of the May 14, 2011, General and Special Elections - City Clerk. Mayor Pro Tem McCartney presented the agenda item and stated that Resolution No. 2136 declares the results of the City of Baytown General and Special Elections held on May 14, 2011. With no further discussion on this item, a motion was made by Council Member Lynn Caskey and seconded by Council Member Brandon Capetillo approving Resolution No. 2136 declaring the results of the City of Baytown General and Special Election held on May 14, 2011. The vote was as follows: Ayes: Mayor Pro Tem McCartney, Council Member Brandon Capetillo, and Council Member Lynn Caskey Nays: None Other: Council Members Mercedes Renteria (absent), Terry Sain (absent), and Scott Sheley (absent) and Mayor Stephen DonCarlos (absent) Approved RESOLUTION NO. 2136 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 14TH DAY OF MAY, 2011, FOR THE PURPOSES OF ELECTING COUNCIL MEMBERS FOR COUNCIL DISTRICTS FOUR (4), FIVE (5) AND SIX (6) OF THE CITY OF BAYTOWN; CANVASSING THE RETURNS OF THE SPECIAL ELECTION HELD WITHIN THE CITY OF BAYTOWN ON THE 14TH DAY OF MAY, 2011, FOR THE PURPOSE OF CONSIDERING WHETHER SCOTT SHELEY SHOULD BE REMOVED FROM THE OFFICE OF COUNCIL MEMBER, DISTRICT TWO (2); FINDING THAT NOTICE OF THE MUNICIPAL 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. 3. ADJOURN With no further business, a motion was made by Council Member Lynn Caskey and seconded by Council Member Brandon Capetillo adjourning the May 23, 2011, City Council Special Meeting. The vote was as follows: Ayes: Mayor Pro Tern McCartney, Council Member Brandon Capetillo, and Council Member Lynn Caskey Nays: None Other: Council Members Mercedes Renteria (absent), Terry Sam (absent), and Scott Sheley (absent) and Mayor Stephen DonCarlos (absent) Approved Mayor Pro Tern McCartney adjourned the May 23, 2011, City Council Special Meeting