2012 08 23 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
August 23, 2012
The City Council of the City of Baytown, Texas met in a Regular Work Session
on Thursday, August 23, 2012, at 4:35 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 Mayor Pro Tem
Robert D. Leiper
Ron Bottoms
Kevin Troller
Ignacio Ramirez
Leticia Brysch
Roger Clifford
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Assistant Sergeant at Arms
Mayor Pro Tem Sheley convened the August 23, 2012, City Council Regular Work
Session with a quorum present at 4:35 P.M., all members were present with the exception
of Mayor DonCarlos and Council Member Hoskins who were both absent.
1. DISCUSSIONS
a. Discuss Elements of a Revised Noise Ordinance - Administration.
City Manager Leiper presented the agenda item and stated that this item continued the
discussion from a previous meeting to discuss revisions to the noise ordinance. He
recommended having the comments from the Friends of Cedar Bayou representative Ms.
Beverly Valentino and move forward with reviewing each item listed on the possible
noise ordinance revisions.
Ms. Beverly Valentino, Friends of Cedar Bayou Representative stated that they felt that a
noise ordinance is desperately needed and that the decibel levels from the City of La
Porte are more in line with what the group would like. She also wanted to know what the
City was going to do to enforce the ordinance. She stated that they felt that there is not a
peak level for the pipe yard, it is at least twelve (12) straight hours of noise at a
minimum, and feels that this is too much for their residential area. She stated that it
happens mostly at night. This has led to many of the residents not being able to rest,
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August 23, 2012
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particularly because of the emergency noise mechanisms which they feel should be
present but maybe in a different manner.
Council Member Capetillo inquired about the difference between the residential and non-
residential noise issue. City Manager Leiper stated the complaint is at the receiving
location and not by who generates it.
Council Member McCartney stated that he had reviewed the City of La Porte noise
ordinance and felt that this would be a good place to start. He stated that they need to
ensure that we have reasonable exclusions to existing industry.
Mayor Pro Tern Sheley stated that the rules of the Council for work session do not allow
for commentary from the public and requested that those present please allow the Council
to have the appropriate discussion and then at the appropriate time, Council would call
for comments from the public if it deemed it appropriate.
Council Member Capetillo stated that he did not want to write something on a number
that is not enforceable but wanted to have something practical and enforceable while
finding a balance between the residents and the surrounding industry. Additionally, he
stated that he wanted to be sure that the city could distinguish who was the source of the
noise.
Council Member Sain stated that he wished there was some mechanism by which the
City could work with the company to eliminate these types of noises voluntarily, but felt
that if the company did not do so voluntarily, we need to have something in place to bring
them into compliance. Additionally, he stated that some items that he felt companies
could consider were backup alarms that are quiet and maybe work on their work schedule
so that they do not work in the evenings.
City Manager Leiper stated that the City has continued to work with the company about
voluntary changes, but is now at a point where some regulations are needed in order to
bring them into compliance.
City Manager Leiper, at the request of the Mayor Pro Tem, began the review of the noise
ordinance chart. He began the discussion and stated that his understanding from a
possible consensus of Council was to use the 65 daytime /58 nighttime decibel and he
assumes the 70 /65decibel for non - commercial as a starting point. Mayor Pro Tern Sheley
stated that he's not in favor of that.
Council Member Renteria stated he did not feel that a beginning decibel level of 70
would be enforceable. City Manager Leiper stated that the part to work on right now is to
define the elements of the ordinance and then work on the enforcement portion. Council
Member Renteria inquired as to what decibel level the company felt was appropriate.
City Manager Leiper stated that a decibel level was never specified, but asked them to
make operation changes to help reduce the noise in which they made some changes, but
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August 23, 2012
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not enough. He also added that many of the changes that were agreed on have not been
done.
During further discussion, Council Member McCartney stated that the company did a
noise curtain and training for staff to quiet the noise during their operations and it seems
like the company has stopped doing these things.
Ms. Valentino stated that they are extremely concerned about the barge terminal and
recommended that a decision not be based on just the pipe yard, but for the whole city.
She further stated that ExxonMobil has been a good neighbor and no one has gotten any
complaints from this industry and would want other companies to follow suit.
Council Member Capetillo stated that some of the noise is coming from outside of the
city limits and recommended that the ordinance be enforceable to the ETJ also.
City Manager Leiper stated that for purposes and intent the definitions were to clarify the
purpose of what we are trying to do and adding the authority to extend into our ETJ. He
stated that in reference to Prohibited generally, legal language was inserted because there
would be criminal violations; he stated the in regards to the permissible noise levels, if
you have a level (70 and 65 are a starting point which was selected by him) it would be
the prima facie evidence that it is an unreasonable noise. He state that this would be set at
a residential property line and because there were no complaints on the non - residential,
he stated that the City has used the state's presumption decibel level of 85.
City Manager Leiper stated that the lack of sound measurements does not limit
prosecution, so if a police officer felt that a noise was unreasonable and he did not have
noise meter, he could still write a citation; however, we would then have the burden of
prosecution. Council Member Capetillo stated that there would need to be two
conditions: qualification and quantification. Council Member McCartney inquired if
Council decided to pass the La Porte's ordinance, how the City would enforce it. City
Manager Leiper stated that if the citation could only be prosecuted by noise level, then
the police department would try to have a certified noise meter and certified operator on
duty at all times. Additionally, it is important for the officer to have the ability to write a
ticket and defend it in court just as is done now with a complaint regarding a loud party.
Council Member Renteria stated that an officer could be designated for standby for noise
issues instead of having someone on duty all the time.
City Manager Leiper stated that the technical data describes what type of sound meters
and the standard they are tested to, which is industry standards, that qualifies that a
correct reading was taken. Council Member Capetillo stated that there are other devices
that are set out that have data logs, which could also be contracted out to possibly help
with monitoring noise issues. City Manager Leiper stated that the challenge with that
would be not being able to prove who was the source of the noise. Mayor Pro Tem
inquired about some of the cost associated with this item. Health Director, Mike Lester
stated that the small readers that the health department has now are $3,500 and the
certification is $1,000. He stated that the data logs are about $5,000 and some are up to
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August 23, 2012
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$8,000 in which have to be recalibrated every year at a cost of $700 to $1,000 per device.
Council Member Renteria inquired as to what type of reader does the City of La Porte use
and if these items had been discussed with TML. City Manager Leiper stated that they
have a hand held noise device that is similar to what we have now, but there enforcement
is a bit different and would also check with TML in regards to these items. Council
Member Sain stated that during the discussion of this topic with a member of council
from the City of La Porte, that La Porte had no enforcement because the citation was
against another government agency. Ron Bottoms, Deputy City Manager stated that the
noise ordinance is being enforced and tickets are being written; however, the Port of
Houston has contested the tickets through the mediation process which are now stuck in
the courts.
City Manager Leiper stated that the one of the ways to make a lower decibel workable is
to have a reasonable set of exceptions, such as: safety and emergency feature noises;
sounds from stadium events, parades, outdoor events sponsored by the City or
amphitheaters, cannons or gunfire during historical reenactments, pyrotechnic display;
erection, excavation, construction or demolitions to any building or structure including
tools and equipment with a specified decibel level and a specified timeframe; aircrafts or
railroad equipment in operation of the railroad rights -of -way with a specified decibel
level and a specified timeframe; mechanically powered machines or devices with a
specified decibel level and a specified timeframe; ac units with a specified decibel level;
operation of ordinary sounds and lawful of a motor vehicles; religious observance or
service; sounds during established park hours by park activities; and emptying or delivery
of trash dumpsters during specified hours.
Council Member Capetillo recommended adding when alarms are being tested and
inquired about the noise from the racetrack. It was recommended to include the racetrack
as an exception.
City Manager Leiper stated that staffs recommendation is to allow prosecution without
meter readings and suggested having a 65 decibel level during the day and 60 at night
which could always be revisited if it becomes a problem.
Mayor Pro Tem Sheley stated that this item should be looked at as a quality of life issue
for our citizens, because the industry is going to continue to grow all around and is going
to increase the level of noise so the impact of this ongoing noise on our citizens should be
considered. He recommended looking at other cities along the gulf coast such as Corpus
Christi and to consider the uniqueness of the City of Baytown.
Council Member McCartney stated that he felt some noise levels needed to be established
and make adjustments from there. Mayor Pro Tem Sheley stated that a consideration for
putting a noise level number should be done when the Council is complete as the Mayor
and Council Member Hoskins were not present.
During further discussion, Council Member Capetillo recommended adding a plus or
minus to the noise data instead of a specified number and Council Member Renteria
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August 23, 2012
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recommended using the states level of 85 decibels. City Manager Leiper stated that 85
decibels was pretty high.
Ms. Valentino stated that her concern for a plus or minus 15 would be if the number is at
85 decibels and inquired if there was anyway that an engineer could be consulted
regarding the noise issues related to industry. City Manager Leiper stated that in terms of
measuring noise, you don't need an acoustical engineer; there are certain certifications
that could work. Ms Valentino stated ExxonMobil is at 90 decibels and the employees
have to use double ear protection and 85 decibels was too high.
City Manager Leiner stated that staff has enough data to do four comers of a Baytown
ordinance and bring to Council follow -up cost on meters, research the racetrack, talk to
TML and do ambient readings around town.
2. ADJOURN
With there being no further business to discuss, Mayor Pro Tem Sheley adjourned
the August 23, 2012, City Council Regular Work Session at 5:41 P.M.