2012 08 09 WS MinutesMINUTES OF THE REGULAR WORK SESSION OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
August 09, 2012
The City Council of the City of Baytown, Texas met in a Regular Work Session
on Thursday, August 09, 2012, at 4:48 P.M., in the Council Chamber of the Baytown
City Hall, 2401 Market Street, Baytown, Texas with the following in attendance:
Brandon Capetillo
Council Member
Robert Hoskins
Council Member
David McCartney
Council Member
Mercedes Renteria
Council Member
Terry Sain
Council Member
Stephen DonCarlos Mayor
Robert D. Leiper
Ron Bottoms
Kevin Troller
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
City Manager
Deputy City Manager
Assistant City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the August 09, 2012, City Council Regular Work Session
with a quorum present at 4:48 P.M., all members were present with the exception of
Council Member Hoskins who arrived at 4:53 P.M. and Council Member Renteria who
arrived at 5:01 P.M. and Council Member Sheley who was absent.
1. DISCUSSIONS
a. Discuss a Tree Preservation Ordinance - Planning and Development
Services.
City Manager Leiper presented the agenda item and stated that the intent of this item was
to present some elements for a potential tree preservation ordinance and he introduce
Planning and Development Services Director, Kelly Carpenter to provide more
information.
Ms. Carpenter stated that the information being presented was not in a draft form, but
instead was a list of items that could be incorporated into a tree preservation ordinance.
She stated that the primary concerns for local jurisdictions in regards to tree preservation
are the application, the preservation standards, tree protection, the flexibility, the utilities,
the diversity, the approved species of trees, the clearing of the land, and the fills.
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August 09, 2012
Page 2 of 7
Ms. Carpenter stated that in regards to the application, if it should apply to all new
development, building additions, new or expanded parking lots, expanded portions of old
lots, or to the ETJ. During further discussion, the council members had various opinions
on the application of said standards to just the city limits or including the ETJ. Council
Member McCartney asked if there were examples from other cities with similar trees
ordinances already in place and recommended using those as guidelines. Ms. Carpenter
stated that there were examples of tree ordinances and staff would provide Council with a
matrix with those options at a follow -up discussion.
Mayor DonCarlos stated that he recommends an ordinance that does not stifle
development, but allows development with mitigation elements to help replace the trees
that have to be removed. Additionally, Mayor DonCarlos stated that in regards to
subdivisions, he recommended an ordinance that encourages the saving of trees instead of
the current practice of clear cutting everything, as well as, have developers' plant trees in
their new developments.
Ms. Carpenter stated that she believed the consensus from Council was to bring a
selection of tree ordinances form other cities and allow the Council the ability to look
over them and choose the elements that is more suitable for the City of Baytown.
In regards to standards, Ms. Carpenter stated that the definition of a historical tree needed
to be defined; there may be a need to create a credit system for development and building
standards, and a need for exceptions. Mayor DonCarlos stated that pipelines were a
perfect example of exceptions, these provide for an opportunity to replace the trees that
are cut down because of the pipeline and have them planted in other areas of the city.
Council Member Sain suggested that the City adhere to the same guidelines when streets
are being put in. During the discussion it was mentioned that those putting in pipelines
are required to move some of those trees. Ms. Carpenter stated that an exception could
reference a distinction between those trees that are required to be cut down and those that
are not.
During further discussion of the standards, Mr. Carpenter provided an example of a tree
survey and stated that they are expensive to do, but they do help if Council wanted to
know what the current tree situation in the city is before moving forward. She also stated
that a tree preservation plan is developed based on the data from the survey, because it is
hard to evaluate tree preservation plan if you don't know what you have to begin with.
Additionally, Ms. Carpenter stated that these surveys are done by an arborist or a
horticulturalist.
Council Member Capetillo stated that he is not necessarily in favor of a tree survey, and
inquired if there is currently a permit regarding the preservation or cutting down of trees
needed for developers? Ms. Carpenter stated that at this time there is not a permit in
regards to the preservation or cutting down of trees. Council Member Capetillo
recommended having the developer go through a permitting process so they can decide
what they are going to cut and what they are going to preserve instead of the survey.
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August 09, 2012
Page 3 of 7
In regards to the protection, Ms Carpenter stated that a tree may need to be classified by
the diameter, as well as, if it is considered historic. Council Member Capetillo inquired
how a protected tree that is not in good health can be determined without having to pay
additional costs. Ms. Carpenter stated that the decision is usually made by an arborist,
and further stated that the State of Texas has a grant that assist cities with the funding for
one. During further discussion, Ms. Carpenter stated that some of some prohibited actions
in tree ordinances were as follows:
• No heavy equipment prior to permitting;
• No activity in root zone of protected trees;
• No objects attached to protected tree;
• Require protective fencing 50 ft. of protected tree;
• No topping or pruning leading to the death of trees; and
• No development without appropriate tree preservation activities
Ms. Carpenter stated that she would move forward with the Council's direction and
review other tree preservation ordinances from around the state and report back to the
Council with some examples for their review.
b. Discuss Insurance Services Office (ISO) Ratings in Baytown - City
Management.
City Manager Leiper presented the agenda item to discuss Insurance Services Office
(ISO) ratings in Baytown and introduced Fire Chief Shon Blake so that he could present
an overview of the City's ISO rating, the current system in place and opportunities to
increase the City's rating, as well as, their benefits and cost associated.
Chief Blake stated that the ISO establishes an appropriate fire insurance premium for
residential and commercial properties and provides reliable information to insurance
companies and business owners about a city's fire protection services. He stated that the
public protection class (PPC) evaluates the public fire protection of a community by
using the Fire Suppression Rating Schedule (FSRS) from one (1) to ten (10), with the ten
(10) being the worst and one (1) being the best, in which the City of Baytown if currently
at a three (3).
Chief Blake stated that from a fire department stand point, the PPC helps to plan and
budget for facilities, equipment, training, and staffing needs. He stated that the FSRS
measures the major elements of the community's fire protection system and it develops
the numerical grading system.
Chief Blake stated that in January 2006, the City went from a four (4) grading to a three
(3) grading with an overall score of 76.88, which saved the City's homeowners
approximately 3% on residential fire insurance premiums and 9% on commercial. He
City Council Regular Work Session Minutes
August 09, 2012
Page 4 of 7
stated that it's more beneficial for commercial when the grade went from the four (4) to
the three (3) and more beneficial for residential when the grade goes from three (3) to two
(2)•
Chief Blake stated that there is significant savings when the ISO grade moves from a
three (3) grade to a two (2) with the largest savings for the homeowners which are an 8%
savings in insurance premiums and a 2% savings for commercial premiums. Council
Member McCartney stated that the homeowners insurance is about $2,000 and up and
based on the replacement of the house; not the value of the house itself.
Chief Blake stated that in 2006, an analysis showed that in order for the City to obtain an
ISO of two (2), it would need to get total credits within the range of 80 to 89.99. He
stated that the 2007 -2012 bond package would help maintain the City's ISO Class (3)
status, which includes Fire Station 6 and 7.
Chief Blake further stated that a ladder company and a four (4) story drill tower would be
an improvement of 6.71 points giving the City of Baytown a total point score 83.59. He
stated that the estimated costs for the ladder truck would be about $1 million which is
scheduled to be ordered in FY 14/15; delivered with the first payment made in FY 15/16;
and final payment made in FY 16/17. He stated that the cost for the drill tower would be
close to $1.5 million without the props, and no burning would be allowed in the tower
until such time as there are props available. He further stated that the timeline for the drill
tower would be to engineer it in FY 13/14; start construction in FY 14/15; and the
completion and use of tower by FY 15/16.
Chief Blake stated that the improvements he mentioned would be funded through the
FCPEMSD through sales tax and is already slated to happen. He stated that the timeline
could be quicker if the sales tax continues to get better. Additionally, Chief Blake stated
that the recurring cost out of the general fund would be roughly $1.2 million for staffing.
Chief Blake stated that the staffing plan would be to staff the aerial with an Equipment
Operator in FY 12/13; add a Fire Lieutenant in FY 13/14; complete staffing in FY 14/15;
and continue utilizing current apparatus and increase of staffing until the purchase of new
ladder truck would provide credit towards an ISO Class 2 in FY 15/16.
City Manager Leiper stated that the plan Chief Blake presented was in the Chiefs budget
this year, but that he (City Manager Leiper) did not include the drivers in this year's
proposed budget. He further stated that we have to look at the City as a whole and be able
to meet the needs of other departments within the city, and felt that the City could not
afford to build Station 7 and the drill tower together. City Manager Leiper stated that in
order to fund both, it would take a six (6) or seven (7) cent tax rate increase which would
be the absolute highest in the state of Texas.
Council Member Capetillo inquired if the City was to negotiate a contract with Harris
County in regards to Fire Station 7 or any other funds generated towards it, would that be
additional revenue that could offset some of the expense. City Manager Leiper stated that
the money is not funding designated, but would go into the general fund that assists with
City Council Regular Work Session Minutes
August 09, 2012
Page 5 of 7
everything that the City does. Council Member McCartney proposed making the training
facility an industrial fire facility to help offset some of the cost associated with it.
Mayor DonCarlos inquired of the training facility's progress. City Manager Leiper stated
that bids are expected within a few months on Phase I which is the classroom (1) burn
building with basic infrastructure. He also stated that the FCPEMSD has matured and
more money has been set aside for the fire field. He stated that state law does not allow
the City to bond on revenue from FCPEMSD or CCPD and that the City could only
anticipate one year of revenue at a time.
Mayor DonCarlos stated that the better our fire protection is, the safer our citizens are
going to be, but moving forward with this item should be done in a fiscally responsible
manner. He further stated that the recurring $1.2 million in staffing cost was a concern
and he was not willing to add that cost to the current budget. Lastly, he stated that if times
progressed as expected than the ladder truck would move up the schedule.
Council Member Hoskins inquired if the City could receive partial credit for training
facilities that are in close proximity to us, and if the City could take advantage of that
through mutual aid. Chief Blake stated that the City would take advantage of the mutual
aid and he would verify if a partial credit was available for a training facility being in
close proximity. City Manager Leiper stated that in 2006, the City tried to get credit for
using ExxonMobil's tower, but it did not meet the standards for credit.
Council Member Sain stated that in regards to the staffing credit, when the City would
achieve enough for that ISO. Chief Blake stated that the City would receive partial credit
by staffing the 75 ft. quint with one person on it. City Manager Leiper stated that an
application must be submitted in order to change an ISO rating, which is done every two
or three years.
City Manager Leiper stated that the year 2015 would be the earliest we are looking for a
fully staff aerial and that lots of factors would need to be considered for next year's
budget which includes a compensation study.
C. Discuss Cost Estimates for a Fire /EMS Merger - City Council.
City Manager Leiper presented the agenda item to discuss cost estimates for a City of
Baytown Fire/EMS merger. He stated that the City has twenty - two (22) current
employees in Health and EMS and the plan is predicated with eleven (11) of them going
to fire school each year, and that on the effective date of the merger any future openings
would be hired as a firefighter /paramedic.
He stated that there were no requirements for a current paramedic to go to fire school or a
firefighter to go to paramedic school. City Manager Leiper stated that there would not be
promotional advancement plan for a paramedic who chose to not go to fire school, but
they would be eligible for merit and across the board raises. He also stated that there
would not be a market system created for a civil service paramedic. City Manager Leiper
City Council Regular Work Session Minutes
August 09, 2012
Page 6 of 7
stated that if a paramedic chose to go the fire school they would receive an additional
$400 a month for paramedic /firefighter.
Mayor DonCarlos inquired about what would happen to the current EMS Supervisor,
Dana Dalbey. City Manager Leiper stated that Dana would be paid at the Assistant Chief
level in the fire department and that paramedic supervisors would be paid at the Battalion
Chief level; however, if he went to fire school he would receive an additional $400 a
month, but he is not required to.
Additionally, City Manager Leiper stated that a lot more work needs to be done regarding
this plan; such as, an amendment to the Collective Bargaining Contract, which would
have to be completed before any of these changes could take place.
City Manager Leiper presented the Council with an estimated cost to the Fire/EMS
Merger Plan; the cost are listed below:
Fire biased FMS - transition 11 paramedics to firefighters per year
Year 1: Eleven Members
Transitional
Zeta
Recurring
costs
Total
Fire Truining
S27.500
$52,221
Penknutl pmtective cquipllyleru
S35.200
$2.000
Overtirtrc f r fire OWUling Tra'
S17.424
$2,343
EMS lasperv6or pay ad'um; nI
S36,162
Conunccsion Fees
52.343
Z`amunfliquipffictu
$ 13.000
$3,60
ring apparel
S3 60U
certification Pa 12 fire rs with aramedics license
I Total
S7 200
S190364
Axwm Pa y (fwcfWucrm rid' ambulance
S12,600
Changy oft-ic
S1.5001
$52.800
I
Year 2: Eleven M embers
Transitional
Costs
Recurring
costs
Total
Fire'I'Minifut
S27,500
$52,221
Personal protective cquipnenil
S35.200
$2.000
Overturtc tar fire tipAthy'rrahzim
517.424
$2,343
EMS S crvisor pay ad'uvtmcto
$52,221
Conuniss' n Fees
$2,343
Wearillml parcl
$3,60
Certification Pa 20 tirctightcrs with arusnedics ficence)
$12,005
Angnu Pa y (threfiglucrs rid bw atnbukuwc)
I Total
$12,600
S190364
Asgnu Pay aramedios who conipicte FF trainh - 6 momhs)
$26,400
Awiard Pa aramcdics who complete FF train - 12 tnonthY
$52.800
Year 2cost transition
'Total
580.124
5161.964
5242,088
Years 3+ (recurring costs):
TransiUmtal
Costs
Recurring
costs
Total
tNIS Supervisor pay ad'usttnent
$52,221
Personal Protective Equipment maintenartce/re lacement
$2.000
Commission Fees
$2,343
Wearing Apparel
S3.600
Cettification Pay 20 firciWiters with pararnedics license
111-0001
Aagrru Pa y (fimfiginers rid' ambulance
$12.([00
Asgnu Pa (aranwdics who couricte FF tmbtkW
5105,600
Annual recurring cost:
I Total
$1903641
S190364
Mayor DonCarlos inquired as to how this would affect the first responder program and
what would be the advantage of the merger. City Manager Leiper stated that this plan
would have no negative effects on the first responder program. Additionally, he stated
that an advantage to merging would be the higher level of cross trained staff and increase
in staffing levels which would reduce overtime costs.
City Council Regular Work Session Minutes
August 09, 2012
Page 7 of 7
Council Member McCartney stated that the merge would also give paramedics civil
service protection, opportunities to rise through the ranks and increase the fire ISO rating
because of the added staff.
Council Member Sam stated that he was the one that asked for this item to be on the
agenda because he felt that a decision needed to be made on this item. Additionally, he
stated that if a change was going to be made to either of these programs now was the time
to do it.
Council Member Hoskins staled that he had a concern with the $615,000 being added to
the budget, as well as, maintaining the high level of service and expertise of our first
responders when responding to our citizens. City Manager Leiper stated that during the
study, the level of expertise was one of the main concerns discussed, which is why the
plan includes having a maximum number of certified paramedics, to have a bigger pool
of competent staff than just the 18 people that we have right now. City Manager Leiper
stated that the cornerstone of the first responders program was that all the fire staff would
have EMT certification to have our teams at a higher level of service and by adding the
additional paramedics this would only help in this process.
City Manager Leiper stated that if Council desires any changes to the budget they are
typically done through technical adjustments, in which the adjustments are voted on
during the adoption of the budget that is scheduled for the September 13`h meeting.
2. ADJOURN
With there being no further business to discuss, Mayor DonCarlos adjourned the August
09, 2012, City Council Regular Work Session at 6:11 P.M.