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2006 01 26 CC Minutes, Special MINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 26, 2006 4:30 p.m. The City Council of the City of Baytown, Texas, met in special session on January 26, 2006, at 4:30 p.m. in the Council Chamber of the City of Baytown with the following members present: Ronnie Anderson Council Member Brandon Capetillo Council Member Sammy Mahan Council Member Don Murray Council Member Mercedes Renteria III Council Member Scott Sheley Council Member Calvin Mundinger Mayor Gary M. Jackson City Manager Bob Leiper Deputy City Manager Kelvin Knauf Assistant City Manager Ignacio Ramirez, Sr. City Attorney Lorri Coody City Clerk The meeting was opened with a quorum present and the following business was conducted: The meeting started on item #3 at the suggestion of Mayor Mundinger with focus on item (3a) as follows: Discuss and take appropriate action to direct staff to take no further action for the May 2006 election on the following possible amendments to the City Charter: a. The addition of at-large City Council members. b. The selection and qualification for Municipal Judge. c. The staffing requirement in the Fire Department d. The mandated utilization of a web site or superseding technology Mayor Mundinger asked Randy Strong to give a presentation to the Council. Mr. Strong presented information regarding the pre-clearance process to the Department of Justice and the timeline involved in this process as well as other time constraints involved with adding at-large City Council members to the ballot for the May 2006 election. His explained that the process would take at least six months to a year to complete. He stated that there is not enough time to complete the process for a May 2006 election. Mayor Mundinger thanked Mr. Strong for his presentation and directed Council’s attention to item 4 on the agenda concerning a charter review committee and his support for periodic reviews of the Charter. He suggested that a review committee could handle issues such as the at-large question. A brief discussion was held about the Charter Review Commission as a standing committee to address items 3a thru 3d above. Council Member Murray made the motion to eliminate agenda items 3a through 3d from consideration of placing on the May 13, 2006 ballot. Council Member Renteria seconded. The vote follows: Page 2 of 5 Minutes of the Special Session – January 26, 2006 Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, Sheley Mayor Mundinger Nays: None Discuss and take appropriate action to direct staff to develop possible ballot language for the May 2006 election on the following possible amendments to the City Charter. a. The method of filling a vacancy on City Council. City Manager Jackson gave a summary of the current Charter provision, Council’s options for changing the Charter, and went over the handouts. He explained that State law allows for two uniform election dates which could complicate the holding of a timely election. The Mayor pointed out that option “D”, is clean, simple and effective. Discussions followed about item “D” concerning the new uniform elections dates, three-year terms, and two vacancies in an office as opposed to one vacancy. Council Member Capetillo was interested in option “B” because he felt it provided a tool to keep the Council in check. Discussion was had about the constraint of 30 or 60 days if no appointment was made and the problems of calling an election. The Mayor suggested we would not make a decision and Item 1a was tabled until the next agenda. Council Member Renteria left at 5:06 p.m. Discuss and take appropriate action to direct staff to develop possible ballot language for the May 2006 election on the following possible amendments to the City Charter. b. The provision under state law for executive sessions Mayor Mundinger has asked for a separate meeting on this item and that staff brief Council on State law for this item. This item will be set on the next agenda. Discuss and take appropriate action to direct staff to develop possible ballot language for the May 2006 election on the following possible amendments to the City Charter. c. The requirements to initiate referendum and initiative. Mayor Mundinger explained the current rules for referendum and initiative. The Mayor stated that a new percentage rate should be considered for referendums and initiatives of at least 51% of votes cast in last city-wide election. Council Member Sheley agreed. Council Member Sheley made the motion for 51% of votes of the last city-wide election as the requirements to initiate referendum and initiative. Council Member Ronnie Anderson seconded. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Calvin Mundinger Nays: None Page 3 of 5 Minutes of the Special Session – January 26, 2006 The motion carried. Bob Leiper explained that a city- wide election is different from a Mayoral election. Council Member Sheley amended his motion as follows: Council Member Sheley made the motion for 51% of votes of the last city-wide mayoral election as the requirements to initiate referendum and initiative. Council Member Anderson seconded the motion. Council Member Murray agrees. The vote follows. Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None The motion carried. Discuss and take appropriate action to direct staff to develop possible ballot language for the May 2006 election on the following possible amendments to the City Charter. d. The requirements to initiate recall of Council Members The Mayor explained that we need to be careful not to make the recall process too easy. He suggested a percentage of the registered voters rather than a percentage of votes cast in an election as long as the percentage is not too great. City Manager Gary Jackson referred Council to their packets and explained a 1994 survey from TML. The survey showed a comparison between cities using the different methods (registered voters vs. votes cast) and differing percentage rates. Discussions were held concerning the use of rates between 51% to 75% and applying the percentage rates on a single district level and on a city-wide level. Other options for distribution were discussed such as the percent as a mean or an average across each district or within a district and that the election year chosen for the percentage calculation must be a year when the election was contested. All agreed on the 75% of the votes cast at the last contested election that put the Council Member in office as the set requirement to initiate the recall. Council Member Murray made a motion that 75% of the votes cast at the last contested election that put the Council Member in office as the set requirement to initiate the recall. Council Member Mahan seconded the motion. Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None Council Member Anderson made a motion that 51% of the votes cast at the last contested election that put the Mayor in office as the set requirement to initiate the recall. Page 4 of 5 Minutes of the Special Session – January 26, 2006 Council Member Capetillo seconded the motion. Ayes: Council Members Anderson, Capetillo, Mahan, Murray Mayor Mundinger Nays: Council Member Sheley Discuss and take appropriate action to direct staff to develop possible ballot language for the May 2006 election on the following possible amendments to the City Charter. e. The compensation of the Mayor or City Council members. Mayor Mundinger asked for time to review the compensation survey. This item will be addressed at the next agenda. Discuss and receive direction from City Council on other possible Charter amendments for the May 2006 election to be place on an agenda for future meetings. Mayor Mundinger stated that the Charter had not been reviewed in 57 years and asked for Council input on items to be considered under this section. Council Member Sheley mentioned that TML states that other cities meet continuously on this issue to which Mayor Mundinger replied that the use of a Charter Review Committee would be helpful. Council Member Murray wanted to know if a Charter amendment is necessary to establish a Charter Review Committee or if Council could set policy. He also mentioned the housekeeping issues outlined by the Charter Review Committee and wanted to see these changes formalized as a Charter amendment. Council Member Sheley asked if we can change our fiscal year to January 1. Gary Jackson said yes but we would have to closely study this and take it into consideration as to the ramifications on taxes. Mayor Mundinger suggested we move on to item 4 to discuss periodic reviews of the Charter. Discuss and take appropriate action regarding the possible charter amendment concerning periodic review of the Charter. Mayor Mundinger stated having a Charter Review Committee is a good idea. Council would only need to determine how often the review needed to occur. Council Member Sheley believed it should be on an as needed basis with membership by districts serving two year terms. Discussion was held concerning Council’s authority to establish a standing charter review committee. It was determined that a standing committee could be established without a Charter amendment. The Mayor agreed it should be established as a standing Charter Review Committee. Council Member Sheley made the motion to create a standing Charter Review Committee for periodic reviews of the Charter. Council Member Capetillo seconded. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None Page 5 of 5 Minutes of the Special Session – January 26, 2006 Discuss and take appropriate action regarding the possible Charter amendment concerning term limits for the Mayor and City Council. Council Member Mahan made a motion that term limits will no longer be discussed. Council Member Capetillo seconded. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Mundinger Nays: None Discuss and take appropriate action regarding the possible Charter amendment concerning for the length of the term of City Council members. Mayor Mundinger asked that this item be tabled for discussion at the next agenda. He listed the following items from today’s agenda that will be set for discussion at a special session: Discuss and take appropriate action regarding the possible Charter amendment concerning for the length of the term of City Council members. Discuss and take appropriate action to direct staff to develop possible ballot language for the May 2006 election on the following possible amendments to the City Charter. a. The method of filling a vacancy on City Council. b. The provision under state law for executive sessions e. The compensation of the Mayor or City Council members. Discuss and receive direction from City Council on other possible Charter amendments for the May 2006 election, specifically Housekeeping items. Adjourn. Council Member Ronnie Anderson moved that the meeting adjourn. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Calvin Mundinger The motion carried. There being no further business, the meeting adjourned at 6:00 p.m. ______________________ Lorri Coody City Clerk