2013 01 10 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
January 10, 2013
The City Council of the City of Baytown, Texas met in a Regular Work Session
on Thursday, January 10, 2013, 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
Robert Hoskins
David McCartney
Mercedes Renteria
Terry Sain
Scott Sheley
Stephen DonCarlos
Robert D. Leiper
Ron Bottoms
Kevin Troller
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the January 10, 2013, City Council Regular Work Session with a
quorum present at 5:30 P.M., all members were present with the exception of Council Member
Brandon Capetillo who arrived at 5:32 P.M., Council Member Scott Sheley who arrived at 5:33
P.M. and Mayor Pro Tern Terry Sain who arrived at 5:35 P.M.
1. DISCUSSIONS
a. Discuss possible amendments to the noise ordinance codified as Chapter 34
"Environment," Article VII "Noise," Division 1 "Generally" of the Code of Ordinances,
Baytown, Texas.
Mayor DonCarlos stated that while speakers are not allowed at work sessions, lie would allow
one representative of the group five minutes to speak on this item.
Mayor DonCarlos presented the item and stated that this item allows for continued discussions
that were started in recent work sessions and continued in the December 13th regular council
meeting. He stated that he felt it was important to take the first step regarding the noise which
was approving the ordinance and if it didn't work to explore other options. Mayor DonCarlos
stated that he is concerned about the decibel limits around 58 because it has been proven
that nearly anything violates that noise level.
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January 10, 2013
Page 2 of 3
City Manager Leiper stated that the only change to the text of the draft ordinance from last
December was a lower limit (40 dB (A)) of the baseline for the impulse noise, which was a
concern that the ordinance didn't provide. He stated by establishing a lower baseline limit of 40
dB (A) the lowest impulse that would meet the criteria for a violation would be 55 dB (A). City
Manager Leiper stated that the intent is to have a 90 day education period and that the equipment
would be purchased based on the direction in which Council decides to proceed.
Council Member McCartney stated that because the industry is growing in Districts 5 and 6,
which would increase the baseline noise and could negatively impact the residents in the area, he
recommended that there should be a maximum threshhold to help with baseline creep.
During further discussion, City Manager Leiper asked Mr. Charlie Canatella, Plant Manager for
TMK IPSCO, that if the 65 by night and 75 by day would be unreasonable for a maximum cap
limit. Mr. Canatella stated that those maximum limits were doable.
In regards to violations of the noise complaints, Council Member Hoskins inquired if each
violation would serve as an independent stand -alone infraction. City Manager Leiper stated
that each violation is stand -alone and would be dealt with as such.
Ms. Beverly Valentino, Representative of Friends of Cedar Bayou commended City Manager
Leiper for his presentation regarding the noise ordinance to the Chambers County
Commissioners Court. She stated that there was a concern about how to identify the noise maker.
City Manager Leiper stated that the health or the police department would have to determine
where the noise was coming from because the meter detects the noise, but that all resources
would be considered. Council Member Hoskins stated that there is technology that would allow
the identification of the noise source.
Council Member Sheley inquired if whether the police department would be aggressive in
combating noise issues. Chief Dougherty stated that the police department would continue to
enforce the noise ordinance as always, and would have to go to the location of the noise to
identify the source.
City Manager Leiper stated that he did not anticipate that this noise ordinance would impact a
loud muffler or loud radio any more than it is now and there are other items that would take
precedent over noise complaints. He stated that the intent of this ordinance is to cover
unreasonable noises and not a noise ordinance where you would never hear noise again.
Council Member Hoskins stated that regulatory agencies change the rules regarding industry all
the time which is common to them.
Ms. Valentino inquired if it was possible to share the data with the Friends of Cedar Bayou and
to have a dialogue regarding what was acceptable. City Manager Leiper stated that the data could
be available as it would be complaint driven.
Mr. Charlie Canatella stated that up to this point the company has spent an estimated $400,000 in
noise abatement and is concerned that if there's a moving target as it relates to the noise
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January 10, 2013
Page 3 of 3
ordinance, then they would not be able to remain in compliance. Council Member McCartney
asked Mr. Canatella what noise abatements have been done, because he does not see a change in
the noise level and that he hears the most noise when the pipes are moved and dropped Mr.
Canatella stated that they have built another bum with plans of planting shrubs on top of it and
have lowered the slopes of the racks as well. Mr. Canatella stated that this week they didn't run,
but have gotten more complaints than in the past which is confusing.
2. ADJOURN
With there being no further business to discuss, Mayor DonCarlos adjourned the January 10,
2013, City Council Regular Work Session at 6:15 P.M.