HomeMy WebLinkAboutMarch 8, 2011 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
March 8, 2011
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in 2" d Tuesday Session on Tuesday, March 8, 2011 at 4:00 p.m. in the City Council
Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
NOTE: A 2" d Tuesday Session is used to explore matters of interest to one or more City Council
Members or the City Manager for the purpose of giving staff direction into whether or not such
matters should be placed on a future regular or special meeting of the Council for citizen input,
City Council deliberation and formal City action. At a 2" d Tuesday Session, the City Council
generally receives informal and preliminary reports and information from City staff, officials,
members of City committees, and the individual or organization proposing council action, if
invited by City Council or City Manager to participate in the session. Participation by
individuals and members of organizations invited to speak ceases when the Mayor announces the
session is being closed to public input. Although 2" d Tuesday Sessions are public meetings, and
citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to
participate in the session unless invited to do so by the Mayor. Any citizen may supply to the
City Council, prior to the beginning of the session, a written report regarding the citizen's
opinion on the matter being explored. Should the Council direct the matter be placed on a
regular meeting agenda, the staff will generally prepare a final report defining the proposed
action, which will be made available to all citizens prior to the regular meeting at which citizen
input is sought. The purpose of this procedure is to allow citizens attending the regular meeting
the opportunity to hear the views of their fellow citizens without having to attend two meetings.
1. Receive a report, hold a discussion and give staff direction regarding the Fire
Department's 2010-11 FY budget update and Strategic Plan review.
2. Receive a report, hold a discussion and give staff direction regarding the position vacancy
management program within the City of Denton.
3. Receive a report, hold a discussion and give staff direction regarding the Council's
objective of developing community leadership through boards and commissions.
Following the completion of the 2" d Tuesday Session, the Council will convene in a Special
Called Session to consider the following:
1. Consider approval of a resolution confirming the appointment by the City Manager of
Paul Abbott as Interim Police Chief for the City of Denton Police Department; and
declaring an effective date.
Following the completion of the Special Called Session, the City Council will convene in a
Closed Meeting to consider specific items when these items are listed below under the Closed
Meeting section of this agenda. The City Council reserves the right to adjourn into a Closed
Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the TEXAS
GOVERNMENT CODE, as amended, as set forth below.
CLOSED MEETING
1. Closed Meeting:
City of Denton City Council Agenda
March 8, 2011
Page 2
A. Consultation with Attorneys - Texas Government Code Section 551.071.
1. Consult with City's attorneys on legal issues associated with existing and
potential regulation of gas well drilling and exploration within the Denton
city limits and extraterritorial jurisdiction, specifically including, but not
limited to, the following general categories, as they may relate to such
regulations:
a. Legal issues and strategies associated with the imposition,
calculation and assessment of various local permitting, road
remediation and inspection fees, and local requirements for
operators to provide security and insurance, as such fees and
requirements relate to gas well drilling and production in the
Denton city limits and extraterritorial jurisdiction;
b. Legal issues and strategies associated with possible preemption of
local regulatory standards relating to gas well drilling and
exploration within the Denton city limits and extraterritorial
jurisdiction, by existing, proposed and potential Federal and State
legislation, and administrative regulations; and
c. Legal issues and strategies associated with proposed and potential
modifications to existing local regulations, as they relate to gas
well drilling and exploration within the Denton city limits and
extraterritorial jurisdiction, as well as limitations imposed upon the
City's regulatory authority, with regard to such issues and
strategies.
B. Consultation with Attorneys - Under Texas Government Code, Section 551.071;
and Deliberations Regarding Real Property - Under Texas Government Code,
Section 551.072.
1. Consult with City's attorneys on legal issues associated with the proposed
annexation of 1,595 acres of land previously designated as areas DH-7,
DH-9 and DH-12 in the City's 2009 Annexation Study, specifically
including, but not limited to, legal and strategic issues associated with the
proposal, modification, negotiation execution, and enforcement of service
plans and non-annexation agreements, as well as more general legal and
strategic issues relating to the annexation of each area.
2. Discuss, deliberate and receive information from Staff and provide Staff
with direction pertaining to the possible acquisition of certain real property
located in the downtown area of Denton, Texas, Denton County, Texas,
including real property located in the H. Cisco Survey, Abstract No. 1184
and in B.B.B. & C.R.R Company Survey, Abstract No. 185. Consultation
with the City's attorneys regarding legal issues associated with the
potential acquisition of the real property referenced hereinabove, where a
public discussion of these legal matters would conflict with the duty of the
City's attorneys to the Denton City Council under the Texas Rules of
Disciplinary Conduct of the State Bar of Texas, or would jeopardize the
City's legal position in any potential litigation.
City of Denton City Council Agenda
March 8, 2011
Page 3
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of 2011 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS
ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT.
THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING
IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED
MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE: March 8, 2011
DEPARTMENT: Fire
ACM: Fred Greene
SUBJECT
Receive a report and give direction on the Fire Department's 2010-11 FY budget update and
strategic plan review.
BACKGROUND
The City Council approved the City's General Fund Budget with several impacts on the Fire
Department. Along with other City Departments, the Fire Department reduced its budget due to
the economic downturn and projected shortfalls. The Council requested Fire Department staff to
come back at the end of the first quarter with an update, especially as it relates to the budget
reductions and staffing impacts. In addition, Council also asked for an update on several
strategic plan recommendations on deployment and staffing discussed during budget
presentations.
FIRE DEPARTMENT BUDGET UPDATE:
1. Reduced Operations Division Overtime
The City Manager proposed that all General Fund Departments with the exception of the Police
Department reduce their budgeted overtime by one third. The Police Department reduced its
budgeted overtime by 10%. The City Council approved these overtime reductions in the
FY2010-2011 budget.
The Fire Department, in conjunction with its strategic plan goals and objectives, recommended
that this overtime reduction be accomplished by reducing the minimum staffing on Engine 6 and
Engine 7 from four-person engine companies to three-person engine companies. The strategic
plan's clearly stated objective is a minimum staffing of three firefighters on engine companies.
All other engine companies in the City of Denton Fire Department were staffed as three-person
engine companies. Engine 6 and Engine 7 were the only engine companies with a higher
minimum staffing. Based on the recommendations of the City Manager and Fire Chief, the City
Council approved this staffing plan to reduce Fire Department overtime by one-third.
Table 1 shows the first quarter results of overtime reductions in the Fire Department caused by
minimum staffing and compares it to the first quarter of FY2009-10. Clearly, at least through the
first quarter, the Fire Department is more than accomplishing the reduction of its overtime by
one-third. The reduction in daily minimum staffing from 37 to 35 has accomplished its primary
goal of reducing overtime.
1
Fire Department Overtime FY2009/2010 Budget FY 2010/2011 Budget
First Quarter First Quarter
Total Number of Hours of Overtime 3,212 1,053
First Quarter Cost of Total Overtime $105,318 $46,921
Number of OT Hours Caused by 2,576 654
Minimum Staffing (80% of Total) (62% of Total)
Cost of OT Caused by Minimum Staffing $84,464 $29,091
First Quarter OT Savings Caused by $55,373
Minimum Staffing (66% Savings)
First Quarter Total Overtime Savings o $58,397
(55% Savings)
Table 1. First Quarter Fire Department Overtime Hours/Expenditures
Not only does keeping all engine companies at a minimum daily staffing of three (3) meet
strategic plan goals, it is also in line with national numbers as well as County and regional
staffing levels. In addition, due to the national economic downturn, many fire departments in the
U. S. which at one time maintained a minimum staffing of four (4) have reduced their minimum
staffing for engine companies to three (3) and even in some cases to two (2). Although very
controversial with labor and the firefighters' national union, that seems to be the national trend at
the moment. The larger question is what will happen when the economy improves? Most
experts predict that fire service minimum staffing levels will in most cases remain at the current
levels rather than return to pre-recession staffing levels.
Most communities have not reported a negative impact resulting from reduced engine company
sizes. However, labor will most certainly continue to push four-person companies as one of their
primary firefighter safety concerns. Interestingly, during the height of the recession and reduced
staffing levels in many U.S. fire departments, the number of line-of-duty deaths for firefighters
has actually gone down substantially for the past two years.
During the first quarter of FY2010-11, the current minimum staffing level (35) for the Denton
Fire Department has still provided the deployment of a minimum of sixteen (16) personnel to all
stricture fires as a first alarm assignment which is above the NFPA1710 deployment
recommendation of fifteen (15). Response times have not changed with three-person engine
companies on Engine 6 and Engine 7.
2. Frozen FTE's
In the FY2010-11 budget, the Fire Department froze two FTE's: one (1) Civil Service position
and one (1) non-Civil Service position. The one (1) Civil Service position was an Administrative
Captain's position which did not impact the operations or minimum daily staffing of the
Department but reduced the authorized Civil Service staffing from 158 to 157. The number of
authorized Civil Service positions was approved by Council on November 16, 2010.
2
Fire Chief 1 1
Deputy Fire Chief 1 1
Fire Marshal 1 1
Battalion Chief-Operations 6 6
Assistant Fire Marshal 1 1
Emergency Management Program Manager 1 1
Fire Recruitment Management Analyst 1 1
Captain 26 25
Fire Protection Engineer Associate 1 1
Driver 39 39
Fire Inspector Specialist 1 4 4
Firefighter (and Recruits) 76 76
TOTALS 158 157
Table 2. Authorized Civil Service Positions
Both frozen positions were vacant at the time of the approval of the FY2010/2011 budget
waiting to be filled. Therefore, no employees lost a job. Table 3 illustrates the annual savings
from these two positions frozen to reduce the adopted budget.
1 Fire Captain $147,671 $0.00
1 Receptionist $54,033 $0.00
Total Annual Cost $201,704 $0.00
TOTALS $201,704 Expenditure ($201,704) Reduction
Table 3. Frozen FTE's In Fire Department and Anticipated Annual Budget Savings
FIRE DEPARTMENT STRATEGIC PLAN UPDATE:
During budget discussions, the City Council asked a number of questions about the options to
increase staffing and/or deployment. Fire Department staff presented the preferred
staffing/deployment option in the strategic plan which is to provide an ambulance company at
every fire station phased in over a period of time determined by the economy, growth patterns,
unit and fire station workloads, and emergency call volume. Ultimately, that means an
additional three (3) ambulance companies at the fire stations which do not currently have a front
line ambulance company which are stations 1, 4 and 7. Council requested Fire Department Staff
come back after the first quarter and before the new budget process to continue discussions on
Fire Department staffing and deployment based on the Fire Department's strategic plan.
Strategic Goal 4 2 (of 10 strategic goals) of the Denton Fire Department Strategic Plan states:
"Provide effective and efficient emergency response operations."
3
One of the strategic initiatives for that goal, Strategic Initiative 2.2, addresses minimum staffing.
2.2 Provide a continuous Minimum Daily Staffing Level established by Denton Fire
Rescue Staff and City Management and approved by the City of Denton City
Council in the Fire Rescue's Annual Budget which meets acceptable operational
requirements and community expectations of Fire Rescue service levels in response
to fires, EMS and special emergency operations.
2.2.1 Staff all engine companies with a minimum staffing of three (3) firefighters.
2.2.2 Reduce Engine 7 and Engine 6 from current minimum staffing of four (4) each to meet
minimum engine company staffing of three (3).
2.2.3 Staff all thick companies with a minimum staffing of four (4) firefighters.
2.2.4 Staff all quint companies with a minimum staffing of four (4) firefighters.
2.2.5 Develop a plan to phase in a medic ambulance at every fire station to provide a minimum
fire station staffing of five (5): three (3) on the engine and two (2) on the ambulance.
However, if the fire station houses a quint then the minimum fire station staffing would
be six (6).
Table 4. Strategic Initiative 2.2 from 2011 Update of Fire Department Strategic Plan
Staffing/Deployment Options
There are several deployment options that can be presented and discussed for providing
additional ambulance companies.
1. Add a front-line ambulance at fire station #1 on a part-time basis.
This additional ambulance could be stationed from 8:00 a.m. until 10:00 p.m. Based on
2010 stats, 72% of the EMS calls occurred during this time period (5,083 of the total
7,017). The City could increase the minimum staffing from 35 back to 37 for that time
period. We project an annual cost of approximately $125,000 in overtime expenditures.
Another option would be to staff the ambulance until 10:00 p.m. then use those personnel
to fill other overtime positions from 10:00 p.m. until the end of the shift at 8:00 a.m.
2. Add a front-line ambulance at fire station #1 on a full-time basis.
This additional ambulance would be stationed for a full 24-hour shift. The City could
increase the minimum staffing from 35 back to 37. We could expect an annual cost of
approximately $200,000 in overtime to increase the minimum staffing back to 37 full
time.
3. Add at least two ambulances to provide a non-emergency transfer business.
Staff has researched the possibility of the City of Denton Fire Department expanding its
scope of services to include not only emergency services but also provide a non-
emergency transfer business. The initial plan would call for two ambulances to operate
4
from 8:00 a.m. until 7:00 p.m. making transfers of non-emergency patients from hospital
to hospital; physician to hospital: hospital or physician to nursing home or convalescent
center, etc. This service is now done by private ambulances. The City would need to
negotiate contracts with hospitals, nursing homes, convalescent centers, and physicians in
direct competition with private ambulance companies who in most cases operate at
reduced personnel costs.
Staff estimates that the potential exists to bring in approximately $780,000 the first full
year of providing non-emergency transfers by two ambulances. The costs would be
approximately $200,000 for the first ambulance (using the criteria from 42 above) plus
$1,200,000 for the additional ambulance for the personnel costs, equipment costs and
capital costs of a new ambulance. Staff believes that an additional FTE would be
required to schedule and bill for this service as well as additional overtime costs for
minimum staffing and increased billing costs with our contracted EMS billing company
for an additional $100,000. Therefore, the total expenditures are estimated to be
$1,500,000 offset by $780,000 revenues for a net cost of $720,000. The revenues will
increase in future years as the City establishes more contracts.
The City could establish the Denton Fire Department as the exclusive provider of all
EMS including non-emergency transfers by revising the City Code. Currently it specifies
the Denton Fire Department as the sole provider of emergency services in the city limits
including transports. With that provision added to the Code, the City could possibly
franchise this service to private companies for a franchise fee. Several cities are pursuing
this franchising option. Fire Department Staff will research this possibility if Council is
interested in more detailed information.
Staff will also develop a comprehensive business plan for a budget presentation if
Council is interested in more consideration of a non-emergency transfer business. At this
time, all of our costs and revenue projections are strictly estimates. A business plan
would provide a more scientific devolvement of a budget and criteria for staffing and
requirements. In addition, the State of Texas budget crisis will most likely drastically
reduce potential revenue for non-emergency transfers with significant cuts to Medicaid.
4. Keep staffing and deployment as it currently exists. Continue to actively
monitor the need for more resources based on the economy, growth, unit and station
workloads, and emergency call volume. A general rile of thumb for unit workload
analysis is when workloads of an engine or medic unit exceed 3,000 calls per unit
annually, it is time to start considering:
• The addition of a second unit in that station.
• Placement of a second unit in a nearby station.
• Subdivision of the response area and the addition of a new fire station and unit.
According to TriData, a recognized fire department planning consulting company, the
following general guidelines for workloads of engine and medic units have been
identified. The crucial thing to consider is the degradation of response time, not just the
number of incidents. Additionally, the distribution of calls across the day is another
5
significant factor. The more bunched the calls are, the more likely a backup unit is
needed.
When considering future workloads, it is important to look at each station's and
individual unit's workload as well as the system as a whole. The activity level of the
units in a station indicate whether additional units are needed there or nearby. Workload
analysis also must consider the other duties assigned to each station such as training,
equipment and facility maintenance and other special assignments. As the emergency
response component of the overall unit workload increases, the ability of that unit and
personnel assigned to that unit to perform its other assigned duties is compromised.
2010 FIRE UNIT WORKLOADS
Unit Total Emergency Workload Rating
Responses - 2010
Engine 1 2,250 High
Truck 1 589 Low
Battalion 1 336 Very Low
Engine 2 1,850 Moderate
Medic 2 2,309 High
Engine 3 2,144 High
Medic 3 2,302 High
Engine 4 1,335 Moderate
Quint 5 1,472 Moderate
Medic 5 1,852 Moderate
Engine 6 2,226 High
Medic 6 2,001 High
Engine 7 421 Very Low
2009 Totals 21,087
Ratings.
Very Low = less than 500 annual incidents
Low = 500 to 999 annual incidents
Moderate = 1.000 to 1.999 annual incidents
High = 2.000 to 2.999 annual incidents
Very High = 3.000 to 3,999 annual incidents (none in 2010)
Extremely High = more than 4.000 annual incidents (none in 2010)
Table 5. Workload Ratings by Unit - 2010
2010 FIRE STATION WORKLOADS
FIRE STATION TOTAL NUMBER OF EMERGENCY RESPONSES 2010 % OF TOTAL
Fire Station #1 3,175 (decrease of 9.5% from 2009) 15.1%
Fire Station #2 4,159 (increase of 3.7% from 2009) 19.7%
Fire Station #3 4,446 (increase of 1.5% from 2009) 21.1%
Fire Station #4 1,335 (increase of 2.3% from 2009) 6.3%
Fire Station #5 3,324 (increase of 4.2% from 2009) 15.8%
6
Fire Station #6 4,227 (decrease of 0.24% from 2009) 20.0%
Fire Station #7 421 (increase of 4.3% from 2009) 2.0%
I'll I 11
Average 3,012 (increase of 0.3% from 2009) 14.3%
Table 6. 2010 Fire Station Workloads
Recommended Option
Staff recommends Option 44, that the City maintains current Fire Department levels of service
for the remainder of the current fiscal budget. Staff will continue to examine the number of calls
for service; in particular those for emergency medical response. If service demands begin to
warrant consideration of other options, staff will make further recommendations to the City
Council.
EXHIBITS
Power Point Presentation
Respectfully submitted:
Ross Chadwick
Fire Chief
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AGENDA INFORMATION SHEET
AGENDA DATE: March 8, 2011
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the position vacancy
management program within the City of Denton.
BACKGROUND INFORMATION
During the FY 2010-11 budget process, the General Fund was challenged with an estimated $8.5
million gap between revenues and expenditures. Through the budget process, several operational
cost saving measures were considered to minimize this gap. However, since personnel costs
represent approximately 72% of the General Fund's expenditures, options for reducing these
costs had to be considered in order to provide the significant level of savings necessary.
At the time the budget was being developed, the General Fund had approximately 22 positions
that were vacant. These vacancies were across multiple disciplines within the General Fund and
represented roughly $1.45 million in savings. Through budget discussions, it was determined that
the funding for these positions would be removed from the General Fund. Further, it was decided
that management would implement a vacancy management program to ensure that at least this
level of savings was achieved.
The intent of the vacancy management program is to "manage" to a total savings amount rather
than a specific set of positions. Accordingly, the City Manager evaluates the relative importance
of vacancies and fills positions according to organizational needs. In this way, the savings
threshold can be met, and City management can maintain the flexibility needed to respond to
various service demands and issues that arise.
Staff monitors the vacancy management program on a weekly basis, and hiring decisions are
made by the City Manager according to need. The overall goal of the program is to save $1.45
million, and the City is on track to save at least this amount. The purpose of this item is to
provide an update to the City Council on the program thus far through the fiscal year.
FISCAL INFORMATION
Approximately $1.45 million in savings is estimated as a result of the vacancy management
program in the General Fund.
Agenda Information Sheet
March 8, 2011
Page 2
EXHIBITS
1. PowerPoint Presentation
2. Current List of Vacant Positions in the General Fund
Respectfully submitted:
Bryan Langley
Chief Financial Officer
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AGENDA INFORMATION SHEET
AGENDA DATE: March 8, 2011
DEPARTMENT: City Manager's Office
CM/ ACM: George Campbell
SUBJECT
Receive a report, hold a discussion and give staff direction regarding the Council's objective of
developing community leadership through boards and commissions.
BACKGROUND
At the Council Retreat on August 7 and 8, 2009, the Council included as an action item to use
the Council's Board and Commission appointments more intentionally as a way to engage future
leaders. To do this, the Council expressed a desire to hold a Council Work Session to discuss
Board and Commission appointments before beginning the appointment process in order to
consider, as a council, criteria such as candidate qualifications, compatibility with Council
direction/philosophy, and ethnic/gender and community interest diversity. Additionally, a
follow-up discussion this year will provide opportunity to discuss other topics including but not
limited to:
1. Expansion of Board and Commission training efforts and
2. The Council's process for identification and appointment of members.
OPTIONS
Council consideration and discussion is respectfully requested.
Respectfully submitted:
George C. Campbell
City Manager
AGENDA INFORMATION SHEET
AGENDA DATE: March 8, 2011
DEPARTMENT: City Manager's Office
CM/DCM/ACM: George C. Campbell, City Manager
SUBJECT:
Consider approval of a resolution confirming the appointment by the City Manager of Paul
Abbott as Interim Police Chief for the City of Denton Police Department; and declaring an
effective date.
BACKGROUND:
Roy Minter, Jr. resigned his position of Police Chief from the City of Denton Police Department
on March 15, 2011. Chapter 143.013(a)(1) of the Tex. Loc. Gov't Code states, "Unless elected,
each department head is appointed by the municipality's chief executive and confirmed by the
government body." City Manager George Campbell has asked Roy Minter to remain employed
as a consultant until March 15, 2011 to facilitate turnover to Chief Abbott.
RECOMMENDATIONS:
The City Manager has elected to appoint Paul Abbott as the Interim Police Chief, and requests
City Council's consideration to confirm this appointment.
PRIOR ACTION/REVIEW:
There has been no prior action or review on this agenda item.
Respectfully submitted,
,z c".'..la4-t
George C. Campbell
City Manager
sAlegal\our documents\resolutions\l l\interim chief of police.docx
RESOLUTION NO.
A RESOLUTION CONFIRMING THE APPOINTMENT BY THE CITY MANAGER OF
PAUL ABBOTT AS INTERIM POLICE CHIEF FOR THE CITY OF DENTON POLICE
DEPARTMENT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, pursuant to Tex. Loc. Gov't Code § 143.013, the City Manager has
appointed Paul Abbott to be the Interim Police Chief of the City of Denton Police Department
with an effective date of March 11, 2011; and
WHEREAS, the City Council of the City of Denton has determined that the appointment
should be confirmed; and
WHEREAS, Chief Roy Minter will remain employed as a consultant to the Denton
Police Department until March 15, 2011, to facilitate transition to the new Interim Chief; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Manager's appointment of Paul Abbott as Interim Police Chief of
the City of Denton Police Department by the City Manager, with an effective March 11, 2011, is
hereby confirmed.
SECTION 2. This Resolution shall become effective immediately upon it passage and
approval.
PASSED AND APPROVED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA URGESS, CITY ATTORNEY
BY: