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2007 03 01 CC Minutes, Special MINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN March 1, 2007 - 5:15 p.m. The City Council of the City of Baytown, Texas, met in special session on March 1, 2007, at 5:15 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Stephen H. DonCarlos – Mayor Scott Sheley - City Council Member, District 2 Brandon Capetillo - City Council Member, District 3 Don Murray - City Council Member, District 4 Sammy Mahan - City Council Member, District 6 Gary Jackson - City Manager Lorri Coody City Clerk Bob Leiper - Deputy City Manager Kelvin Knauf - Assistant City Manager Ignacio Ramirez - City Attorney Absent: Mercedes Renteria, III - City Council Member, District 1 and Lynn A. Caskey, II - City Council Member, District 5 CALL TO ORDER Mayor DonCarlos called the Special Session of Council to order at 5:15 p.m. with a quorum of Council present. BUSINESS ITEMS Proposed Ordinances Consider Proposed Ordinance authorizing the City Manager to execute an inter-local agreement with Harris County, Texas for election services for the May 12, 2007 election for Harris County voting precincts in the City of Baytown. Sheley entered at 5:18 p.m. City Manager Jackson explained that the Proposed Ordinance included in the packet authorizes the City Manager to execute an inter-local agreement with Harris County, Texas to provide election services in conducting the May 12, 2007 election for Harris County voting precincts in the City of Baytown. The services will include such items as follows:  The voting equipment and supplies for early voting by personal appearance and mail (EV) and for Election Day (ED).  The polling places for EV and ED, election personnel and will set up the polling places for EV and ED.  The County will be appointed the Early Voting Ballot Board and will employ staff to Page 2 of 4 Minutes of the Special Session Meeting— March 1, 2007 program and operate the automatic tabulating equipment.  The County will be responsible for the establishment and organization of the Central Counting Station (Election Code Sections 127.001 thru 127.006).  The County agrees to pay the election workers and the City will reimburse the County for same. During the last meeting, Council asked staff to find out if Early Voting dates and hours could be consistent between Harris and Chambers Counties, and if this possible, joint elections with the Counties were favorable options for the City. Ms. Coody, City Clerk, reported that consistent early voting hours and dates were possible. Mr. Jackson explained that under Section 3.003 of the Election Code, the Governor of the State shall order each election on a proposed constitutional amendment and the order shall be made by proclamation. Since the Governor has not issued his proclamation, a contingency clause has been added to the Ordinance that was submitted in the packet and the revised Ordinance provides authorizes the City Manager to execute an inter-local agreement with Harris County, Texas to provide election services in conducting the May 12, 2007 election for Harris County voting precincts in the City of Baytown provided that the State holds an election on May 12, 2007. Council Member Mahan moved to approve the Ordinance with the contingency option and not to exceed $30,000. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. Consider Proposed Ordinance authorizing the City Manager to execute an interlocal agreement with Chambers County, Texas for election services for the May 12, 2007 election for Chambers County voting precincts in the City of Baytown. City Manager Jackson explained that this Ordinance authorizes the City Manager to execute an agreement with Chambers County, Texas for election services for the May 12, 2007 election for Chambers County voting precincts in the City of Baytown. He explained that it too had been revised to include the contingency option. Ms. Coody reported that it is expected that the costs will be a little higher than they were in November 2006 due to the additional hours for the early voting to be consistent with Harris County but they should not exceed $5,000. Council Member Mahan moved to approve the Ordinance with the contingency option and not to exceed $5,000. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Page 3 of 4 Minutes of the Special Session Meeting— March 1, 2007 Nays: None The motion carried. Consider Proposed Ordinance granting a preservation easement to the Texas Historical Commission for the building located at 220 West Defee Street. Mr. Jackson gave background about the mural. He told Council that the City of Baytown does not own the mural, but the City does lease it. The City owns the building. He explained that since the City does not own the mural we cannot grant an easement to the mural, and we want to limit the amount of commitment to the grant and tried to do so. He told Council that the City does not have plans to sell the building but we do not know what the future holds. Therefore, Staff looked at other options for funding the preservation of the mural in lieu of the grant. The preservation easement does not need any action. No Motion was made on this Item. Consider Proposed Ordinance authorizing the City Manager to negotiate and execute a letter agreement with The Bay Area Heritage Society of Baytown, Texas, for the preservation of the mural entitled “Texas Progress” located at 220 W. Defee Street. Proposed Ordinance authorizes the City Manager to negotiate and execute a letter agreement with The Bay Area Heritage Society of Baytown Texas for the preservation of the mural entitled “Texas Progress” located at 220 W. Defee Street. The letter agreement will authorize the City to pay up to $4,200 in eligible hotel occupancy tax revenues to restore the mural originally created by artist Barse Miller. Funds under HOT are eligible because there are only a few of these murals left so it is a historical land mark. The funds of $4,200 could match the money that Mayor DonCarlos said a local business man will put up for the Historical Commission’s portion of the funds. The City would like to know the Historical Commissions artist so we can use the same Artist. Council Member Mahan moved to approve the Ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. Page 4 of 4 Minutes of the Special Session Meeting— March 1, 2007 ADJOURN Council Member Caskey moved to adjourn the meeting. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, and Sheley Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 5:37 p.m. ______________________________ Lorri Coody, City Clerk