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2012-01-23 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, JANUARY 23, 2012, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 7:32 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Tom Reid Scott Sherman Woody Owens Susan Sherrouse Felicia Harris Greg Hill Bill Eisen Darrin Coker Young Lorfing Others in attendance: Jon Branson Assistant City Manager; Matt Buchanan President of Economic Development Corporation; Danny Cameron Public Works Director; Vance Riley Fire Chief; J.C. Doyle Police Chief; Trent Epperson Project Director; Roland Garcia Fire Marshal; Bonita Hall Director of Human Resources and Safety Management; Mike Hodge Assistant City Manager; Lata Krishnarao Planning Director; Narciso Lira Director of Community Development; Claire Bogard Finance Director; Michelle Smith Director of Parks and Recreation; Daniel Baum EMS Operations Director. The invocation was given by Mayor Reid and the Pledge of Allegiance was led by Chief of Police J.C. Doyle. MAYOR'S ACTIVITY REPORT Mayor Reid, City Manager Bill Eisen, Director of Finance Claire Bogard, and Utility Billing Manager, Wendy Hester, recognized Utility Billing Office Coordinator, Cyndi Martinez, as Employee of the Quarter, for exemplifying the Core Beliefs of the City. Mayor Reid reported he attended on January 17, the Houston Galveston Area Council Board of Directors meeting; met with the Yogathon Youth Group; Spoke at the Pearland Historical Society; January 18, attended the monthly Brazoria County Cities Association; January 19, Chamber Leadership Council meeting; attended the new Brazoria County Tax Office Grand Opening, BayTran Monthly Luncheon and led them in the Pledge of Allegiance; January 23, attended the Pearland District Education Improvement Committee Meeting. Page 1 of 9 — 1/23/2012 COUNCIL ACTIVITY REPORTS Councilmember Owens stated on January 12, he attended the ribbon cutting ceremony for the Brask-Neela off of Industrial; on January 18, attended the S.A. & E Banquet event; also attended the Installations Officers on the 288 Partnership; January 19, traveled to sister city, Pasadena and attended their State of the City; and plans to also attend the Pearland Chamber of Commerce banquet this week. Mayor Pro -Tem Sherman stated he attended the Alvin Independent School Board meeting in which the Manvel Mavericks was recognized on their trip to State. Councilmember Harris stated she is currently running for Congressional District No. 14, the seat is currently held by Congressman Ron Paul, who is retiring at the end of his term. Councilmember Harris stated she attended several County events, the North Galveston County Chamber and Angleton Chamber events. She also spoke at the Galveston County Luncheon, Galveston County Republican Women and the Beaumont Chamber Luncheon. Councilmember Hill stated he has been campaigning, and it has finally slowed down for him. He attended the Lions Club Third Cabinet meeting in Lake Jackson on Saturday. He further stated The Lions Club is a great organization and spends a lot time there when not spending time with City Council, work or with family. Councilmember Sherrouse passed on giving a report. CITY MANAGER'S REPORT City Manager Bill Eisen passed on giving a report. CITIZENS Charles McMurry, 5209 Spring Branch Drive, addressed Council and stated the Council needs to reconsider the Homestead Tax exemption in the City. He further stated that most taxing entities gives at least three times the amount and challenged Council to better budget for that. Mr. McMurry also stated he wanted to challenge Council to improve voter participation for elections. DOCKETED PUBLIC HEARING: None CONSENT AGENDA: Councilmember Harris asked that Consent Agenda Item B be removed from the Consent Agenda for further discussion. Page 2 of 9 — 1/23/2012 A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF MINUTES: 1. Minutes of the November 21, 2011, Joint Public Hearings held at 6:30 p.m. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-13 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY CONTRACT FOR AUTO PARTS. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Sherman, to adopt Consent Agenda Items A through B with the exception of item B, as presented on the Consent Agenda. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, Harris, and Hill. Voting "No" None. Motion Passed 5 to 0. MATTERS REMOVED FROM CONSENT AGENDA As requested by Councilmember Harris Consent Agenda Item B was removed for further discussion. B. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO. R2012-13 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RENEWING A UNIT SUPPLY CONTRACT FOR AUTO PARTS. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Harris, to approve Item B, Resolution No. R2012-13. City Manager Bill Eisen stated this is a renewal from Standard Auto Parts to supply auto parts to the City. Mr. Eisen gave a short overview of the proposal. Councilmember Harris stated this particularly contract is estimated around $97,000 and the total amount tied to auto parts expenditures is $306,669. Councilmember Harris stated she wanted to clarify that the other contacts included in the summary all come to less than and come within the total budgeted amount. City Manager Bill Eisen stated that is correct all the estimated amounts are within the total budget. Page 3 of 9 — 1/23/2012 Voting "Aye" Councilmembers Hill, Harris, Sherman, and Owens. Voting "No" None. Motion Passed 5 to 0. NEW BUSINESS COUNCIL ACTION — RESOLUTION NO. R2012-6 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING CONTRACTS FOR WELLNESS SERVICES. Mr. Bill Eisen, City Manager. Councilmember Sherrouse made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-6. City Manager Bill Eisen stated in November and December this item was discussed with the Council in regards to a potential wellness program. Council requested that it be discussed with employees to get a more specific understanding of some of the concerns city employees had expressed at that time. Based on that research and input it is the recommendation to implement a program in which employees participate in the cost for health insurance provided by the City in the amount of $25 per month unless the employee participates in biometric screenings and health risk assessments. Mr. Eisen continued to provide Council with an overview of the Biometrics HRA and Wellness Program. Mr. Eisen made a recommendation to award a contract for Biometrics Screenings HRA to Methodist Health Services and a contract for the Wellness Program to Kelsey Seybold. Councilmember Owens requested clarification on the amount of employees being covered through the City's insurance. Mr. Owens also requested the differences in cost for Kelsey Seybold and Methodist Health Services. Yesenia Garza, Human Resources Generalist, stated there are approximately 525 employees. Councilmember Harris stated she understood this to be two separate contracts one for Methodist Hospital and one for Kelsey Seybold and wanted to focus on the Kelsey Seybold letter regarding the ancillary services. The budged amount is for $36,000 and the cost is over $55,000 with the ancillary services pushing over the budgeted amount. Councilmember Harris requested the rationale behind the incentives to pay the employees $50 to complete the program. She stated she was concerned with the rationale to pay an employee with City tax dollars to complete a program. City Manager Bill Eisen stated that the whole concept of the Wellness Programs is designed to lower health insurance cost by identifying health problems through Page 4 of 9 — 1/23/2012 employee participation in the programs. Discussion ensued between Councilmember Harris, City Manager Mr. Eisen, Human Resource Director, Bonita Hall, regarding the Biometric Wellness Programs, employee participation, and the differences in cost between Kelsey Seybold and Methodist Health Services. Councilmember Harris stated this year the ancillary programs are unfunded and there are no hard numbers at this time that this money will be recovered. Mayor Pro -Tem Sherman stated that he is in favor and feels that this item has been discussed a lot in Workshops. Council gave staff guidance to research the item, knowing there would be an increase cost over budget. City Manager Bill Eisen stated he was comfortable with the recommendation to at least go ahead with the program and give employees the opportunity to participate. Councilmember Harris stated during the Workshop the discussions were to charge an employee for not participating in the program and not incentivizing with additional cash. She stated it is the opposite approach to what was discussed in the Workshops. Councilmember Harris stated this approach is taking money out of the tax payers' pockets verses taking money out of employees' pockets for non -participation in the program and putting that money back into the City's pocket if they were to participate. City Manager Bill Eisen stated that it is actually both, for persons who choose not to participate in the screenings and the health risk assessment. They would pay the $25 premium; however, as a result of that process, persons who choose to participate in a program which will have lesser participation rates based on historic data there would be an incentive pay. Councilmember Harris stated that this is the first time that employees have proposed this incentive plan, as best as she could recall. She further stated that she could not approve a contract that takes dollars out of coffers and puts them in the City employee's pockets because it is not in the budget. Councilmember Owens stated he is not concerned about the program but a little about the incentive part. The money taken out of the medical reserve will hopefully be a washout. Councilmember Hill stated that it is presumable to say that the Wellness Program is something that can be tracked after a year, or a time period ,the City will be able to see if it is effective or not. He asked if the Police Officers were included in the 525 number of employees. Page 5 of 9 — 1/23/2012 Councilmember Harris made the motion, seconded by Mayor Pro -Tem Sherman to separate the vote to reflect her opposition to half the vote as opposed to an opposition to all of it. Voting "Aye" Councilmembers, Sherman, Harris. Voting "No" Councilmember Ownes, Sherrouse, and Hill. Motion Failed 3 to 2. Mayor Reid called for a vote on the original motion. Voting "Aye" Councilmembers Hill, Sherman, Sherrouse, and Owens. Voting "No" Councilmember Harris. Motion Passed 4 to 1. COUNCIL ACTION — RESOLUTION NO. R2012-12 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TERMINATING THE CITY'S EXISTING FINANCIAL ADVISORY CONTRACT WITH RBC CAPITAL MARKETS, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A NEW FINANCIAL ADVISORY SERVICES AGREEMENT WITH BOSC, INC. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-12. City Manager Bill Eisen stated that this evening the Council is being asked that you cancel the current contract with RBC Capital Markets and also being asked to approve financial service agreement with BOSC, Inc. Frank Ildebrando BOSC, Inc., 1401 McKinney Street, Suite 1650, gave a brief presentation and introduction to BOSC, Inc., which stands for Bank of Oklahoma Security Corporation. He stated BOSC is a subsidiary of the Bank of Oklahoma Financial Corporation. Discussion ensued between Council, City Manager, Bill Eisen, Frank Ildebrando, BOSC, Inc., representative regarding the financial services and the purposed agreement. Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens. Page 6 of 9 — 1/23/2012 Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-11 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE MCHARD ROAD PRELIMINARY ENGINEERING REPORT AND THE MCHARD ROAD WATER LINE DESIGN. Mr. Bill Eisen, City Manager. Councilmember Harris made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2012-11. City Manager Bill Eisen stated this is a proposed agreement with Freese and Nichols, Inc. and with GC Engineering, and C.L. Davis. The proposed agreement is for preliminary engineering services for a waterline on McHard Road as well as McHard Road. Councilmember Owens stated that the investment being done will bring a savings of the water and feels it is a good move. Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-3 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES ASSOCIATED WITH THE FAR NORTHWEST WASTEWATER TREATMENT PLANT REHABILITATION. Councilmember Hill made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-3. Bill Eisen City Manager stated there have been some issues with the Far Northwest Wastewater Treatment Plant Decanter and Ultraviolet System. This item is an agreement that recommends that Council approve the contract with Binkley and Barfield, Inc., to provide the necessary inspection services and upgrade. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, Harris, and Hill. Voting "No" None. Page 7 of 9 — 1/23/2012 Motion Passed 5 to 0. FIRST READING OF ORDINANCE NO. 1453-1 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 1453, THE 2011-2012 ANNUAL BUDGET ORDINANCE, BY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO FACILITATE THE CHANGES IDENTIFIED HEREIN WITHOUT FURTHER APPROVAL OF CITY COUNCIL; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE. Mr. Bill Eisen, City Manager. Councilmember Owens made the motion, seconded by Councilmember Harris, to approve Ordinance No. 1453-1 on its first reading. City Manager Bill Eisen stated this is a carryover from last year with some revenue and services coming in a little higher than budgeted for as well as expenditures coming in less even with the carryover still ending with a considerably less balance than projected last year. Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 5 to 0. COUNCIL ACTION — RESOLUTION NO. R2012-14 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR GROUNDS MAINTENANCE SERVICES. Councilmember Sherrouse made the motion, seconded by Councilmember Sherman, to approve Resolution No. R2012-14. Postponed to a future agenda. Mr. Bill Eisen, City Manager stated that earlier during the meeting City Council awarded a bid for landscape maintenance to Landscape Images of Texas and a smaller bid to Houston Grotech Services. After that award was made Landscape Images of Texas came to the City wanting to withdraw their bid at this point. He stated that the proposal was to award the entire bid to Houston Grotech Services. Brief discussion ensued regarding the bid proposal and ways to lower the cost for the grounds services maintenance if awarded to more than one company. Councilmember Sherrouse made the motion, seconded by Councilmember Owens, to postpone the consideration of Resolution No. R2012-14 postponed to a future agenda to reconsider the bid and options to reduce the overall cost. Page 8 of 9 — 1/23/2012 Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens. Voting "No" None. Motion Passed 5 to 0. OTHER BUSINESS: ADJOURNMENT Meeting was adjourned at 9:05 p.m. Minutes approved as submitted and/or corrected this the 12th day of March, A.D., 2012. ATTEST: Y)KOfig Loitj • �' I Tom Reid Mayor r Page 9 of 9 — 1/23/2012