2012-03-26 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MARCH 26, 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 J. 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 Councilmember Sherrouse and the Pledge of Allegiance
was led by Chief of Police J.C. Doyle.
MAYOR'S ACTIVITY REPORT:
Councilmember Felicia Harris reported she is running for Congressional District No. 14,
the seat currently held by Congressman Ron Paul, who is retiring. She announced the
election date set for May 29, 2012, and encouraged everyone to go out to the poles and
vote for your Candidate between May 14, and May 25, and miss the rushes on May 29,
2012. Congressional District No. 14 includes Galveston County, Jefferson County and
most of Brazoria County.
Keith Ordeneaux stated he is running for City Council Position No. 4.
Tammy Dexter stated she is running for City Council Position No. 4.
Mayor Pro -Tem Scott Sherman announced he is running unopposed for City Council
Position No. 2.
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Mayor Reid reported on March 17, he attended and spoke at the Girl Scout 100 year
Anniversary Celebration, March 19, attended the City Council Agenda Meeting, Council
Workshop and Public Hearing; March 20, through March 21, joined City Manager Bill
Eisen and Assistant City Manager Mike Hodge at the Army Corps of Engineers
regarding Clear Creek in Washington DC; March 22, BayTran State of the Counties
Luncheon meeting; joined Mayor Pro -Tem Scott Sherman, Councilmembers Greg Hill,
Susan Sherrouse at the Texas Municipal League Region 14 Spring Meeting, March 23,
Transportation Policy Council monthly Board of Directors Meeting.
COUNCIL ACTIVITY REPORTS:
Councilmember Owens reported he attended the Brazoria County Cities Association
hosted by the City of Pearland. It was a great turnout. Mayor Pro -Tem Scott Sherman
did an excellent job of standing in for Mayor Reid. He attended the Red Hat Society a
lot of them contributed as waiters serving an attendance of approximately 400 people.
Mayor Pro -Tem Sherman is Chairman Board of Directors for that center. The Red Hat
Society doing a fantastic job, they had a great turn out giving away about three
scholarships.
Councilmember Sherrouse reported on March 13, she attended the Silver Lake Lions
Club meeting, March 17, Qwashae Boutique at the Pearland Town Center. March 20,
Houston Galveston Area Council Regional Sustainable Developmental Sub- Committee;
Keep Pearland Beautiful Board meeting, Brazoria County Cities Association Meeting,
March 22, High Five walk with Dawson High School to encourage healthy lifestyles;
visited with the 288 Corridor Rotary Club; The Red Hat Luncheon, Texas Municipal
League that evening.
Councilmember Sherman reported on March 21, he attended the Brazoria Counties
Association; March 22, the High Five walk with Dawson High School to encourage
healthy living, Reading Center Luncheon, thanked Councilmember Owens,
Councilmember Hill, and Gary Bucek for serving as celebrity waiters. Texas Municipal
League Region 14, which is a regional meeting involving 14 surrounding counties.
Mayor Reid stated that Mayor Pro -Tem Sherman did not mention he is president of the
Adult Reading Center and also the first Vice President of the Texas Municipal League
Region 14 which is 18 counties in the Gulf Coast Area. If all goes well in the next
meeting he will be moved up to President of Region 14 of Texas Municipal League.
Councilmember Harris attended a number of events and wanted to streamline her
report. She attended a Forum for any candidate running for a number of different races
in Brazoria County. The Forum took place in the museum in the City of Freeport.
hosted by the Brazos Port Republican Women. She stated she had the pleasure of
attending a Galveston Banquet hosted by Value in Electing Woman Pack in support of
her candidacy. Galveston Chamber banquet in the Tri County Republican Women
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forum in the Golfcrest Country Club the Tri -Counties include Galveston County, Harris
County and Brazoria County; March 8, participated in debate which was recorded by
Fox News in Jefferson County and televised on or about March 10.
Councilmember Hill reported he attended many of the reported events including the Tri
County Women's Meeting, also attended Pearland Idol, and spoke at the Tea Party, he
commented on a great group looking out for our liberties, and he is looking forward to
returning. The Red Hat Luncheon, attended the Lions Club meeting and encourages
everyone to come out and get involved the club does a lot for the City. Texas Municipal
League Dinner was great, Pearland Area Republican group had an all you can eat soup
fundraiser and it was a great turnout.
CITY MANAGER'S REPORT:
City Manager Bill Eisen reported he on the trip to Washington regarding the Clear Creek
project mentioned earlier by Mayor Reid. Many people in the community are aware of
the flooding along Clear Creek. It has been an ongoing problem for a number of years.
In 1999 the corps of Engineers began a four-year study of the creek to determine a plan
to reduce the flooding. That four year plan is currently going on its 13 years. He stated
the good news is that the City has enough funding in the budget for the preliminary
design this year. However, due to budget reduction it looks to be an uphill battle and it
will be difficult to get the funding in the next few years. Mr. Eisen stated the City was
well received by the elected officials and their staff. He stated the City will continue to
work on the project funding and the complete design
CITIZENS: None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
Councilmember asked that Consent Agenda Item be removed from the Consent
Agenda for further discussion.
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL OF
MINUTES:
1. Minutes of February 13, 2012, Regular Meeting held at 7:30p.m.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1461 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, FINDING
THAT THE CITY HAS ESTABLISHED GUIDELINES AND CRITERIA
FOR GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION
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NO. R2011-12; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE
#22), IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT
AND TAX ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS
SOUGHT ARE FEASIBLE AND PRACTICAL AND WOULD BE A
BENEFIT TO THE LAND TO BE INCLUDED IN THE ZONE AND THE
MUNICIPALITY AFTER THE EXPIRATION OF THE TAX
ABATEMENT AGREEMENT; AUTHORIZING THE CITY MANAGER
TO SIGN TAX ABATEMENT AGREEMENTS WHEN APPROVED BY
THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1286-1 — AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
CHAPTER 14, ARTICLE III, JUNKED VEHICLES, OF THE
CITY OF PEARLAND CODE OF ORDINANCES, FOR THE; HAVING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A
REPEALER CLAUSE; PROVIDING FOR PUBLICATION,
CODIFICATION, AND AN EFFECTIVE DATE. Mr. Darrin Coker, City
Attorney.
D. CONSIDERATION AND POSSIBLE ACTION — EXCUSE
COUNCILMEMBER FELICIA HARRIS' ABSENCE FROM THE
MARCH 12, 2012, REGULAR MEETING. City Council.
E. CONSIDERATION AND POSSIBLE ACTION — RESOLUTION NO.
R2012-37 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AWARDING A BID FOR HVAC
MAINTENANCE SERVICES. Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to
adopt Consent Agenda Items A through E 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: None
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NEW BUSINESS
COUNCIL ACTION — RESOLUTION NO. R2012-40 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT
WITH THE PEARLAND VOLUNTEER FIRE DEPARTMENT. Mr. Bill Eisen, City
Manager.
Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Sherrouse, to
approve Resolution No. R2012-40.
City Manager Bill Eisen stated back in 1978 the City entered into an agreement with the
Volunteer Fire Department Incorporated. He stated that a lot has changed since the
agreement was put in place with regards to the department and the mix of personnel.
He has been working with Chief Riley for some time with regards to leadership of the
corporation and this agreement.
Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-39 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A MASTER FIRE
STATION LOCATION PLAN.
Councilmember Harris made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2012-39.
City Manager, Mr. Bill Eisen, stated on February 20, 2012, Council conclucted a
Workshop to consider the approval of the Fire Station location Master Plan for the
purpose of the plan is to layout approximate locations for future locations to be built as
the City continues to grow and the Fire Department continues to expand.
Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, Harris, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-36 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE USE OF
AVAILABLE FUND BALANCES TO MAKE COMPENSATION ADJUSTMENTS.
Mr. Bill Eisen, City Manager.
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Councilmember Sherrouse made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2012-36.
City Manager Bill Eisen stated this was a proposed budget submitted in the budget item
by the City Manager to City Council. Due to specific provisions in state laws as it
relates to civil service personnel and rank in the police department. At that time the
proposal included a two percent adjustment in each of the values of each of those steps
in those ranges. However, at that time due to financial concerns the Council opted not
to include that specific proposal in the budget when it was adopted. At this point we
have some additional information with regard to much more favorable financial ending
to last year than the projection at that time. In addition year to date there are several
things that appear to be rather positive in regards to both expenditures and revenues.
The recommendation to the Council is to reconsider this particular issue. Claire Bogard,
Finance Director to provide specific information as part of the financial condition of the
City.
Claire Bogard Finance Director gave brief description of the use of fund balance for the
fiscal year 2011 for compensation adjustments for City Employees. Claire continued to
give a brief overview of the current budget.
Councilmember Harris asked about the approximate $3 million dollars.
Claire Bogard Finance Director stated the general fund revenues came in higher than
anticipated and the expenditures came in lower than projected for the 2011 year.
Claire Bogard Finance Director made the recommendation to do a mid -year adjustment
and put back in the police two percent step effective April 1, 2012, this would be a
recurring cost of $105,000 for 6 months of the year for fiscal year 2012, and about
$210,000 for fiscal year 2013. This does exclude overtime for special assignments. A
two percent average one time pay for the civilian employees excluding seasonal and
vacant positions currently vacant. It would apply to those hired prior to October 1, 2011.
The pay adjustments will be made based on evaluations done for the fiscal year of
2011. This would be a nonrecurring cost since it is a one-time pay and not in the annual
salary.
Councilmember Hill asked for clarification on the police step adjustment since the step
increase and the civil service increase happens yearly, excluding those that have 11
years of service, or more do not get anything. He asked if the two -percent being
proposed is to be across the board regardless of the years of service.
Claire Bogard Finance Director stated that the two- percent increase would raise their
step by two -percent allowing people at the end to become eligible and across the board
so that everyone would be eligible for the proposed.
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Councilmember Harris asked if this is an average, or a two -percent increase across the
board. What does the analysis determine to be the highest amount, or percent any one
person would be eligible for.
Claire Bogard Finance Director stated the range has not been set yet, and the police
department would receive a two -percent across the board, for the civilian employee, it
will be an average based on their merit.
Mr. Eisen stated that an average of two percent within each departments and the range
would be approximately from zero to four -percent within each department being limited
to two percent.
Claire Bogard Finance Director continued to provide Council with a brief overview of the
budget projection and fund balance.
Councilmember Harris stated the recurring fund balance projected revenue
expenditures seems to be at a $60,000 loss for the year. She asked if that amount
includes the $437,000 that Council is being asked to approve.
Claire Bogard, Finance Director stated that it is not included, and that it was for
nonrecurring capital items typically budgeted for each year.
Councilmember Harris inquired about the overall added revenue to the general fund
from the two percent tax increase this year.
Claire Bogard Finance Director stated the two percent went to the debt service fund.
Councilmember Harris asked how much was taken out reserves for the maintenance
this year.
City Manager Bill Eisen stated based upon the projection today even if the Council
implements the paid proposal as submitted, it will be taking about half a million less than
that out of general fund reserves.
Councilmember Harris stated that the City would still be taking money out of reserves
and the City is still at a loss when it comes to revenues and expense and still raising
taxes this year.
Claire Bogard Finance Director stated there was a tax adjustment as it related to debt
service and not operations.
Councilmember Harris stated the projection for next year is to have an increase on
taxes again and anticipate taking money out of reserves to meet our operating
expenses for the next year budget.
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Councilmember Hill stated with regarding to Councilmember Harris' statement about
what is expected, if even with the calculation in the packet after the re -estimate of
revenues of $14.5 million placing the City $6.2 million over the two month fund balance.
Claire Bogard Finance Director stated that it is the current forecast, and has not been in
entered into the five year forecast. For the general fund example, in the five-year
forecast from last summer the ending fund balance in 2012, of $11.2, we will have
$14.4 helping us, going into 2013, in which we may not have to dip into fund balance
much.
Councilmember Harris asked if there would still be a tax increase.
Bill Eisen, City Manager stated that the debt service side it is still projected to be an
increase on the portion of property tax that goes to debt service. The average person
still sees it as we are projecting it now. That would happen whether we take action on
this, or not with regard to the debt service side.
Councilmember Owens stated these are all estimated projections based on revenue
that may, or may not occur between now and the end of the year.
City Manager Bill Eisen, stated it is based on revenue and expenditure projection.
Councilmember Owens stated he wanted to know the classifications of the people that
left, and whether they went to work for the public, or private sector. He said he feels that
there are many people that have lost jobs, have reduced works hours, foreclosures on
their homes, the City had a tax increase last year and another tax increase next year.
He stated everyone deserves a raise but at the same time, the people paying taxes
need a lighter load. It is not going to look good on the City to take money out of
reserves to pay for increases on salaries in addition to raising taxes about three -
percent next year. He said it would be better to wait until the second quarterly budget is
complete to have a better projection.
City Manager Bill Eisen stated this is not a raise, it is a onetime pay adjustment.
Discussion ensued between Council, City Manager Bill Eisen, and Claire Bogard
Finance Director regarding the projected forecast.
Councilmember Hill stated he appreciates Councilmember Owens' comments with
holding off. He stated he is concerned about waiting, if the estimates and numbers are
the same, then he sees no reason to hold off on approving this one time incentive. The
City is not paying the Police Department as much as the surrounding Cities.
Councilmember Hill stated the City has to remain competitive. The City is lagging and
something needs to be done for the City's police officers as soon as possible.
Page 8 of 11 — 3/26/2012
Mayor Pro -Tem Sherman stated he agrees with Councilmember Hill and feels this is
long overdue to City Employees. He stated that the tax increase was for voter approved
projects and does not think it is fair to mix these raises with voter approved projects
Councilmember Sherman said he feels it is vitally important to stay competitive. It is
vitally important to get the top quality employees at every level in the City. It is a red
light to him when over fifty percent of employees are complaining that they are leaving
because they are not getting paid enough. It is the right thing to do and the right time to
do it and he would vote for it this evening.
Councilmember Sherrouse stated there are a lot of people leaving the City. When that
happens they take their institutional knowledge with them. It is hard to quantify in
dollars and cents what that costs the City. It probably cost the City more than the two
percent. She stated they are not being offered a welfare check, it is a living. It is the
best that we can do in these economic times. It is time to give our City employees
some hope of compensation adjustment and I would vote for this tonight.
Councilmember Harris asked if Council could be given assurances tonight that there will
not be any tax increases for next year.
Claire Bogard Finance Director stated she could not at this time.
Councilmember Harris asked what the revenue for the City was for every cent raised for
taxes.
City Manager Bill Eisen stated it was approximately $600,000.
Councilmember Owens asked what the tax increase will be for next year.
Claire Bogard Finance Director stated the debt service fund needed two cents.
Councilmember Harris asked what the amount needed in the operating account.
Claire Bogard, Finance Director stated it also needed two cents that is why we are
looking at department reductions.
Councilmember Harris asked what the projected tax increase for next year.
Claire Bogard, Financed Director stated that based on last year numbers and forecast
on the economy it was 72.5 cents.
Councilmember Harris stated it is an incremental increase of four -cents for next year.
That is why she is not in support of the incentive pay at this time. The projected
revenues are still 1/2 million dollars lower in revenue and still a 4 cent increase on
taxes. She stated this is not anything against City employees, but at this time she
Page 9 of 11 — 3/26/2012
would rather see a reduction in tax payers' money. She states the tax payers need a
break too.
Councilmember Owens stated bonuses are given to people that do a good job he is not
opposed to giving raises to employees, but the timing is right. He stated anyone voting
on this today is voting for a tax increase.
Councilmember Hill stated he is willing to pay the 4 cent tax increase, if it meant he
pays more than his share of tax increase.
Mayor Pro -Tem Sherman stated he wanted to make it clear that voting on this today will
not be increasing tax by 4 cent next year.
Voting "Aye" Councilmembers Sherrouse, Sherman, and Hill.
Voting "No" None Councilmembers Owens and Harris.
Motion Passed 3 to 2.
COUNCIL ACTION — RESOLUTION NO. R2012-35 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING AND ADOPTING THE
GOALS PROMULGATED DURING THE CITY'S 2012 ANNUAL PLANNING
WORKSHOP. Mr. Bill Eisen, City Manager.
Councilmember Hill made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2012-35.
City Manager Bill Eisen stated last month the City Council held its Annual Goal Setting
Retreat for the upcoming year. At this time Council is being asked to consider is both
the facilitators and his understanding of Council's direction to those goals and to
formally adopt the goals. The responsibilities of each goal will be to an individual, or a
team of individuals. Many of these will require Council discussion and action through
that mechanism Council will be kept up to date on progress.
Linda Cowles, 3412 Shadycrest, addressed Council and stated she attended some of
the Workshops in which Council discussed privatizing the Natatorium. She wanted to
speak about competition with the private sector. Before raising fees or lower fees for
non -City residents. She wanted to speak about the social media and being able to
receive agenda packets in an easier manner.
Councilmember Harris stated she agrees and thinks it is a good idea to bring in a focus
group to do an analysis of the Natatorium and compare it to the private sector to help
bridge the gap and find out what the losses may be.
Page 10 of 11 — 3/26/2012
Voting "Aye" Councilmembers Hill, Harris, Sherman, Sherrouse, and Owens.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION — RESOLUTION NO. R2012-38 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
PURCHASE OF PANASONIC TOUGHBOOKS FOR THE POLICE DEPARTMENT.
Mr. Bill Eisen, City Manager.
Councilmember Owens made the motion, seconded by Mayor Pro -Tem Sherman, to
approve Resolution No. R2012-38.
City Manager Bill Eisen, stated this item is for replacement of 12 toughbook laptop
computers for use by the Patrol Division of the Police Department. The total $53,760.
with the recommended vendor SHI International Core.
Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, Harris, and Hill.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 8:46 p.m.
Minutes approved as submitted and/or corrected this the 21ST day of May, A.D., 2012.
Tom Reid
Mayor
ATTEST:
i • Loe / r
Secret
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