2017 02 23 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
FEBRUARY 23, 2017
The City Council of the City of Baytown, Texas met in a Regular Work Session on February 23,
2017 at 5:33 P M., in the Hullum Conference Room of the Baytown City Hall, 2401 Market
Street Baytown Texas with the following in attendance
Laura Alvarado
Council Member
Robert Hoskins
Council Member
Charles Johnson
Council Member
David McCartney
Council Member
Terry Sam
Council Member
Stephen DonCarlos Mayor
Rick Davis
City Manager
Ignacio Ramirez
City Attorney
Leticia Brysch
City Clerk
Keith Dougherty
Sergeant at Aims
Mayor DonCarlos convened the February 23 2017 City Council Regular Work Session with a
quorum present at 5.33 P M. all members were present with the exception of Council Member
Presley who was absent
DISCUSSIONS
a Discuss an ordinance authorizing a master equity lease agreement, a maintenance
agreement, and other related documents with Enterprise Fleet Management, Inc., and its
associate, affiliate, and subsidiary companies for the leasing of seventeen (17) vehicles for
the Police Department through The Interlocal Purchasing System
City Manager Davis introduced the item and stated that staff has shared information regarding
this lease in the past, and since there have been some changes since then was brought back for a
quick update
Police Chief, Keith Dougherty stated that this item was brought to the Council to start looking at
a change in philosophy by moving the police unmarked vehicles from being a capital expense to
a recurring expense through the leasing of said vehicles, instead of buying them He stated that
one reason being is that leasing these vehicles allows the Police Department to get more vehicles
at one time rather than what is gained from a capital purchase Cluef Dougherty stated that there
were some legal concerns with the lease agreement even though other agencies have and are
using it Assistant City Attorney Deame King noted that the concerns were related to indemnity
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February 23 2017
Page 2 of 6
requirements, which are illegal under the Texas Constitution, but noted that the Legal
Department will continue to work with their attorneys to iron out these issues
Chief Dougherty stated that there was also an accounting concern that came up with the lease
agreement and because of such the lease agreement will have to be incorporated through the
budget process for next year therefore the Police Department will go ahead and purchase those
vehicles that were budgeted for in this year's budget Finance Director Wade Nickerson
explained that the issue with the lease agreement is truly an accounting issue that requires that
the city record the value or total cost of those vehicles versus just the amount of the lease
payment. Mr Nickerson further noted that the city cannot afford to expend that total cost of 17
vehicles in the current budget because there was only five (5) to (6) budgeted for purchase
therefore staff will continue to pursue the lease agreement route within the budget process and
go ahead and purchase those vehicles that are currently in the budget
Council Member McCartney inquired of the financial impact of leasing versus buying the
vehicles Chief Dougherty noted in response to the question that, in the first four (4) years there
are some cost savings, but on the back half of the lease, the City will be expending a little bit
more monies Mr Nickerson noted that depending on the type of vehicle and its value when
actually entering into a lease agreement with the other party will help better define those
numbers, therefore, it's hard to tie down these numbers for Council's consideration as there are
many unknowns Cluef Dougherty noted that the change in paradigm will allow the Police
Department to lease 16 vehicles at one time for the same amount that it purchases a few per year
which helps maximize our fleet at a much faster rate with a better value
Discuss sponsorship opportunities for Keep Baytown Beautiful (KBB)
City Manager Davis presented the item and stated that Keep Baytown Beautiful (KBB) has
requested that they be released from their current contract with the City, citing that they don't
have enough resources in order to fulfill the obligations stipulated in the agreement He stated
that for the most part, their board of directors has deteriorated, along with its volunteer base, and
they don't have the necessary resources to meet their obligations
City Manager Davis further stated that currently, staff is not aware of what they are going to do
specifically; however, what KBB would like is to ask for a grant from the City He stated that
KBB was advised that if Council wanted to entertain the possibility of a grant they would need
to prepare a presentation for the Council outlining what they are bringing and what they
proposed to do in return for the grant. City Manager Davis noted that the KBB voiced some
frustration at the City for not being able to assume the trash -off event responsibilities and were
pretty adamant that the City take over those responsibilities immediately He stated that the City
has a number of recycling and trash events already planned and have a pretty full calendar and
because of such staff cannot accommodate any additional events due to the limitation in time
given and the state of limited resources at hand in which the organization of a trash -off event
takes three (3) to four (4) months of planning City Manager Davis stated that he notified the
KBB representative, Mr Tungstall that the City is not cancelling nor eliminating the trash -off
event because this is not a City event but that of KBB, therefore it is their decision whether or
not they cancel or eliminate said event
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February 23. 2017
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City Manager Davis stated that they did have a number of great ideas that they could undertake
with the grant but they would need to come and present their ideas to the Council in order to
move forward He stated that after this year, he'd encourage the KBB to use an existing CDBG
grant opportunity as many of their ideas would cater to CDBG demographics Council Member
Alvarado inquired if KBB still received funding from Exxon City Manager Davis responded to
Council Member Alvarado s inquiry by stating that Exxon used to provide monies but that they
did not now
Health Department Director Mike Lester noted that in response the KBB not being able to hold
the trash off in April, staff has scheduled a similar event to take place in the second week of
May, which will be a little bit more scaled down due to the limitation on time and resources
Council Member McCartney inquired as to how much money has the City given KBB City
Manager Davis stated that currently the City has not given KBB any monies of the approved
$15,000 because they do not want to accept the money with the obligations as they have not
means of complying with them
City Manager Davis stated that his recommendation to Council was to terminate the agreement
with KBB He also recommended that KBB prepare a presentation to brig back to the Council
at a future work session regarding their request for a grant and other favors and considerations
such as, continuing to support two members to attend the Keep Texas Beautiful Annual
Conference The consensus of Council was that they would consider the presentation, but were
not in support of paying for the two members to attend the annual conference or the giving
monies without any deliverables or accountability
Mayor DonCarlos noted that it was a shame that what was once a really good organization has
declined so quickly in the last two years
Mr Lester noted that the $15,000 given to KBB via the agreement was the amount needed to
cover the cost of the litter events that were at one time done by the Health Department. Council
Member Alvarado stated that if KBB is interested in getting CDBG monies which have very
strict requirements and accounting why wouldn t they expect the same type of accountability
when receiving monies from the Council Council Member Alvarado further noted that CDBG is
a reimbursable program and wondered in KBB had the monies necessary to expend up front and
then wait for reimbursements City Manager Davis stated that he was not sure if KBB knew of
all the details and intricacies of a CDBG grant
During further discussion, City Manager Davis noted that KBB wanted the City to sponsor a
gold membership to their Oak Tree Foundation Assistant City Manager Troller noted that Mr
Tungstall had communicated to him a number of small events and Utter abatement projects
many of which were with local schools or small neighborhoods that were doable He further
noted that the City could support these types of events within its existing operations and budget
Council agreed to hear a presentation from the KBB at the next work session to include a plan
for the organization moving forward to include what they want to do in the community and a
proposed budget
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Febnmy23 2017
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C Receive and discuss the quarterly substandard structures report
Planning and Community Development Services Director Tiffany Foster presented the Council
with a written report of the quarterly substandard structures report She noted that about eight (8)
months ago a full time employee was assigned to dedicate himself to dealing with the
substandard building program, to provide results of the activity of what was taken to the
Municipal Court had increased, along with repairs to homes With regards to the report she
stated that the last thing highlighted is that when speaking of the substandard program it is not
only for those buildings that are taken through the court to demolish but also deals with working
with the owners to undertake and complete repairs which is more of a case management duty
City Building Official Scott Williams, noted that because of the complexity of dealing with
repairs, staff tries to limit the case load to 35 40 active cases at any given time. In response to a
question from Council Member McCartney Mr Williams stated that currently the City is seeing
more demolition of substandard structures than repairs
Mayor DonCarlos asked if there were any CDBG monies available to assist citizens in making
repairs to their homes, as he had a citizen who was elderly and on a fixed income that cannot live
in her home as her roof is in dire need of repair Mrs. Foster stated that the City has a Housing
and Rehab Program which requires that the home be owner -occupied, therefore the applicant
has to live in the home She further stated that if a home owner cannot live in the home because
of special circumstances the City works with those individuals and asked that the citizen in
question by directed to her office particularly June Tyler, CDBG Program Manager or herself,
and they would make sure to help her with this item
City Manager Davis stated that the Planning Department will give its next report in three months
d. Discuss the feasibility of obtaining an ISO rating of 1
City Manager Davis introduced the item and stated that since his employment with the City, the
Council has voiced its desire to achieve the ISO rating of I with the Fire Department He stated
that since coming on board there have been several investments made that staff thinks may bode
well for another application for ISO I He stated that Cluef Bill Baylis would walk Council
through a preliminary examination of the potential for attaining an ISO 1 rating and after said
presentation he hoped to receive fresh feedback from the Council as it related to moving forward
in pursuing some funding for a consultant that would walk us through the ISO I application
process
Chief Baylis stated that the ISO sets the insurance rating and the lower the rating a city has the
lower the insurance rates will be for its residents and businesses He stated that the big thing
about ISO is that it's a really big attractant to businesses because if they know the city has an
ISO rating of 1, they receive a lower insurance rate, which will bring more businesses into the
city He stated that the City's Fire Department has been working toward this goal for a number of
years and in 2015, the City's ISO rating went from a three (3) to a two (2) which saved the
citizens about 8% on their insurance and about 2% on commercial Chief Baylis stated that at
that time our score was an 86.8 and in order to move to a rating of 1 the city will need a score of
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February 23 2017
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90 or better He further stated that it was his belief that with the improvements that have been
done in the last few years will propel us to a rating of 1
During further discussion Cluef Baylis noted that the ISO score is separated out into three
components, one is the Fire Department the second is communications and the third is the water
systems He stated that the new 911 Joint Communications Center helps meet any entena for the
ISO communications system component He noted that the water supply component deals with
fire hydrants which are handled and maintained by the Public Works Department in which
Public Works feels that they have everything in place and necessary to meet the ISO criteria for a
rating of 1 as all of their maintenance and inspections are well documented Lastly, he stated that
the Fire Department carnes the biggest cost burden for the ISO rating score and while costly, has
invested in the new drill tower, the new facilities and training, the new ladder truck and staffing
and are now at a point where it can reap the rewards
Chief Baylis stated that by going from a rating of 2 to 1, it will be a bigger incentive for the
industrial and commercial people, but will also be beneficial to the residents He stated that the
biggest benefit is when the city can say that we are an ISO I to a business and they will
understand that their insurance rates will be lower versus if they go to LaPorte or Mount Belviue
where they have a three (3) or a four (4) Chief Baylsis stated that he felt the City was at an ISO
1 rating and he would like to have Mike Peach come out and do a review of everything that the
city has and complete an audit to tell us where we me in the sconng and if we are short of the 90
points, what we can do to get us to that point He stated that Mr Peach would assist with the
audit, help schedule the ISO team review and assist the City through the ISO inspection He also
noted that Mr Peach stated he could get the ISO inspectors out to inspect our facilities about six
(6) months from the time that he completes his audit
City Manager Davis stated that staff has not identified a funding source for this agreement
which would be about $50,000 and noted that staff is planning on requesting this funding from
the Baytown Fire Control, Prevention and EMS District ( FCPEMSD) at their next quarterly
meeting, as they feel that this is an expenditure well within its wheelhouse
During further discussion a request was made that staff move forward in the process and see
how much the FCPEMSD could fund for this initiative, in order work on the ISO I rating this
year and not have to wait for next year's budget Council Member Sam stated that if FCPEMSD
could not pay for the $50,000, that a request should be made to the Baytown Municipal
Development District to use as an economic development tool
Chief Blake stated that he believes that if an agreement is approved in the next few weeks, he
can get Mr Peach to come and do his audit around April 26th and can have the ISO visit
scheduled for sometime in June or July, with a final result around mid to late July He noted that
Mr Peach is highly recommended and experienced in this field
City Manager Davis stated for clarity that the consensus from Council is for staff to move
forward and (1) look for a funding source for this agreement and (2) put the agreement on a
future agenda for Council's consideration
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February 23 2017
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e Discuss any or all of the agenda items on the City Council Regular Meeting Agenda
for February 23 2017, which is attached below
City Manager Davis advised the Council that item 4.b regarding a resolution authorizing a grant
application to the FY2018 JAG Grant program through the Houston Galveston Area Council (H
GAC) on behalf of the Police Department will not be considered this evening, as the Police
Department has withdrawn its application
ADJOURN
With there being no further business to discuss Mayor DonCarlos adjourned the February 23
2017, City Council Regular Work Session at 6 17 P M
yam,
Leticia Brysch City Clbtk
City of Baytown t