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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. City Council Regular Work Session Minutes 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. City Council Regular Work Session Minutes 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.