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2006 02 02 CC Minutes, Special MINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 2, 2006 5:30 p.m. The City Council of the City of Baytown, Texas, met in special session on February 2, 2006, at 5:30 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 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: Discuss and take appropriate action regarding the possible Charter amendment concerning the length of the term of the Mayor and City Council members. Deputy City Manager, Bob Leiper gave a summary of the memo prepared by Legal and went over the attached graph. City Attorney, Ignacio Ramirez went in-depth on two and three year terms and their effects on current terms. Discussion was had among Council on the pros and cons of three year terms. Mayor Mundinger suggested that Council accept three year terms and for staff to work on ballot language. Council Member Murray made the motion to accept three year terms and for staff to work on ballot language. Council Member Capetillo seconded. The vote follows: Ayes: Council Member Anderson, Capetillo, Mahan, Murray and Sheley Mayor Mundinger Nays: Council Member Renteria Discuss and take appropriate action regarding the possible charter amendment concerning the method of filling vacancies on City Council. Mayor Mundinger stated that in the event of the three year term lengths passing, we would need to amend the language to have a special election. He is concerned with how this would effect the election outcome. Deputy City Manager Leiper stated that the Constitution would prevail. He explained the options with Council. Council engaged in conversation concerning the public Page 2 of 3 Minutes of the Special Session – February 2, 2006 understanding of this issue and the various options presented. Council Member Anderson moved to accept option d as presented. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, Sheley Mayor Mundinger Nays: None Discuss and take appropriate action regarding the possible charter amendment concerning compliance with Sate Law regarding executive sessions. Deputy City Manager Leiper went over chart with Council. Mayor Mundinger believes it is a fairly clear consensus to go with executive sessions on the ballot. Discussion was had about public perception. Council Member Mahan stated that state law on this matter is strict and clearly spelled out. Deputy City Manager Leiper and Mayor Mundinger reminded Council that no decision is made in executive session. Discussion was had about executive session deliberations in regards to gifts and donations. City Attorney Ramirez explained. Mayor Mundinger stated that he feels the word deliberation explains it all and that an affidavit must be signed after each session. Additionally, City Attorney, Ignacio Ramirez stated that you must announce after each session as well. Council Member Murray still concerned about the vagueness of a couple items bringing a general consensus of mistrust. City Attorney Ramirez gave examples and recommended strict adherence to state law on the ballot language. Mayor Mundinger suggested staff prepare ballot language and bring back an expanded definition. Council Member Mahan made the motion for staff to prepare ballot language and bring back an expanded definition. Council Member Capetillo seconded. The vote follows: Ayes: Council Member Anderson, Capetillo, Mahan, Murray, Sheley and Renteria Mayor Mundinger Nays: None The motion carried. Discuss and take appropriate action regarding the possible Charter amendment concerning compensation for the Mayor and City Council. Mayor Mundinger stated he was very surprised at the level and regularity of compensation of the other cities in the survey. He asked about providing insurance and council members paying their portions, would this constitute compensation. City Attorney Ramirez stated that as proposed by the Mayor it would require more research. More discussion was had on providing insurance. Council asked Dr. Joe Floyd and Mr. Mike Beard what they found out on this issue in their meetings with the public. They stated that the general consensus is negative. Although, the perspective may be different if it were just medical insurance. Mr. Beard did state however that there was significant support for reimbursing of business expenses. Mr. Beard stated that Page 3 of 3 Minutes of the Special Session – February 2, 2006 insurance, compensation and business expense reimbursement really needed to be addressed separately. Council Member Mahan wanted to know how this was handled at Goose Creek and Lee College. Council Members Renteria and Murray voiced their dislike of this item. Council Member Mahan made a motion to drop compensation from further discussion. Council Member Renteria seconded. The vote follows: Ayes: Council Member Anderson, Capetillo, Mahan, Murray, Sheley and Renteria Mayor Mundinger Nays: None The motion carried. Council Member Capetillo would like to see a Council policy on expense reimbursement. Discuss and receive direction from City Council on other possible Charter amendments for the May 2006 election to be placed on an agenda for future meetings. Mayor Mundinger thinks we need to establish a Charter Review Committee. Council Member Murray wanted to know if this item refers to the housekeeping issues. Dr. Floyd stated that there is a catch all in the report that addressed some of these issues. City Attorney Ramirez stated that an amendment could be done to change only the gender and grammar issues, nothing substantive. Mayor Mundinger suggests this be continued at another meeting. Council Member Ronnie Anderson seconded. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley Mayor Calvin Mundinger Nays: None The motion carried. Adjourn. Council Member Renteria moved that the meeting adjourn. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Sheley and Renteria Mayor Calvin Mundinger The motion carried. There being no further business, the meeting adjourned at 6:20 p.m. ____________________ Lorri Coody City Clerk