HomeMy WebLinkAboutNovember 2, 2015 AgendaCity f Denton City Hall
Y 215 E. McKinney St.
Denton, Texas 76201
ttu�Rltl www.cityofdenton.com
Dt�NT N Meeting Agenda
City Council
Monday, November 2, 2015 11:30 AM Work Session Room
After determining that a quorum is present, the City Council of the City of Denton, Texas will convene
in a Work Session on Monday, November 2, 2015 at 11:30 a.m. in the Council Work Session Room at
City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:
NOTE: A Work 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 Work 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 Work 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. Work Session Reports
A. ID 15 -1074 Receive a report and hold a discussion regarding the 114th Congress, First Session,
and outlook for the 114th Congress, Second Session, to include Budget and Tax
Issues, Municipal Bonds, Highway and Transit Reauthorization, Public Safety,
Community Development, the Marketplace Fairness Act, and other topics impacting
local government.
Attachments: Exhibit 1 Washington Report (Oct 23, 2015)
2. Concluding Items
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City
Council or the public with specific factual information or recitation of policy, or accept a proposal
to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the
Texas Open Meetings Act, provide reports about items of community interest regarding which no
action will be taken, to include: expressions of thanks, congratulations, or condolence; information
regarding holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or sponsored by the
governing body; information regarding a social, ceremonial, or community event organized or
sponsored by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of people in the
municipality that has arisen after the posting of the agenda.
City ofDenton Page I Printed on 1012912015
City Council Meeting Agenda November 2, 2015
NOTE: 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, including
without limitation, Sections 551.071 - 551.086 of the Texas Open Meetings Act.
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 , 2015 at o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON 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.
City ofDenton Page 2 Printed on 1012912015
City Hall
City of Denton 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
D EN'FON
Legislation Text
File #: ID 15 -1074, Version: 1
Agenda Information Sheet
DEPARTMENT: CMO
CM/ ACM: John Cabrales, Jr.
Date: November 2, 2015
SUBJECT
Receive a report and hold a discussion regarding the 114'h Congress, First Session, and outlook for the 114'h
Congress, Second Session, to include Budget and Tax Issues, Municipal Bonds, Highway and Transit
Reauthorization, Public Safety, Community Development, the Marketplace Fairness Act, and other topics
impacting local government.
BACKGROUND
The City of Denton's congressional consultant, Capital Edge Strategies, provides an annual briefing to the City
Council and Leadership Team, presenting information on the latest federal news and issues, as well as the
outlook for the next congressional session. The November 2 briefing will include updates regarding the
ongoing federal budget issues, reauthorization of federal surface transportation, public safety, and community
development. Capital Edge will also discuss the Marketplace Fairness Act and other topics impacting local
governments.
EXHIBITS
Exhibit 1 - Washington Report, Volume 21, Issue 31, October 23, 2015
Respectfully submitted:
Lindsey Baker
Intergovernmental Relations/
Public Information Officer
City of Denton Page 1 of 1 Printed on 10/29/2015
TEXAS CITIES
LEGISLATIVE
COALITION
Volume 21, Issue 30
October 23. 2015
INSIDE:
CONGRESS ........ ..............................1
TRANSPORTATION ..........................2
ENERGY .............. ..............................3
CRIMINAL JUSTICE ..........................4
GRANTS & NOTICES ........................5
Ar,.hives& [ uPdiPq Chw1 aL
http: / /www.capitaledge.com
paw,9w,9 or capiIaledge
Twitter
TCLC
Washington Office
Ralph Garboushian
ralphg(a-capitaledge.com
Amy Jo Jacobsen
iacobsen(a_capitaledge. com
Joy Grewatz
gre wa t4d- capital edge. com
1212 New York Ave NW
Suite 250
Washington, DC 20005
(202) 842 -5430
Fax: (202) 842 -5051
http://www.capitaledcre.co
SMIRK:
F
DEBT LIMIT CLOSE
CONGRESS
Speaker drama appears to be resolved; cue the debt limit drama. Much of this week on
Capitol Hill was filled with drama regarding whether Representative Paul Ryan (R -WI)
would agree to serve as House Speaker, whether he had the full support of the House
Republican Caucus (especially the conservative Freedom Caucus) and, if he demurred or
was turned back, who would step up to take the job. Add in Hillary Clinton's appearance
before the House Select Committee on Benghazi and notable Capitol Hill news was
relegated to the interior pages of traditional print newspapers and the bottom halves of
their online counterparts, including President Obama's veto of the National Defense
Authorization Act, a House Committee's approval of a long -term surface transportation bill
(see story below) and the federal government facing default on some of its financial
obligations as soon as November 3 absent congressional action to increase the statutory
debt limit.
By Thursday afternoon, with Ryan clearly on the path to the Speakership and Clinton's
appearance on Capitol Hill winding down, the focus turned back to the pressing issue of
the debt limit. President Obama remains adamant that he will only accept a `clean' debt
limit increase from Congress. Many rank - and -file Republicans, especially House
conservatives, are equally adamant that they will not support an increase absent
concessions from the White House, with many pointing to major cuts in entitlement
spending ($3.8 trillion over a decade, mostly from Medicaid and Medicare) and a balanced
budget constitutional amendment as the minimum they would accept and others arguing
that the debt limit should be used as leverage to scale back the Administration's regulatory
agenda, most notably new clean air, clean water and overtime pay rules.
On Wednesday, the House approved a measure (HR 692) by a largely party line vote of
235 -194 that would require the Treasury Department to prioritize payments to bondholders
and Social Security recipients but withhold congressional paychecks once the debt limit is
reached (an approach not endorsed by many economists since it would still entail a federal
default). Later in the week, however, a proposal by the Republican Study Committee to
combine an increase in the debt limit by enough to last until early 2017 with a major
overhaul of the annual appropriations process was shelved after it became clear that it
lacked sufficient Republican support to pass.
By Friday afternoon, House leaders were saying that they plan to bring a debt limit
increase to the floor early next week. Given the tight schedule (both before the debt limit is
reached and Ryan replaces John Boehner (R -OH) as Speaker ; Ryan will find it politically
difficult if not impossible to bring up a bill that depends on Democratic support to pass), it
will likely be a clean increase that the Senate can then clear for the President's signature.
2 October 23, 2015
Market reaction to news that the Treasury Department
delayed the sale of $26 billion worth of two -year bonds
scheduled for next week may have helped spur that
decision. However, if all House Democrats vote for a clean
debt limit increase, which they will almost certainly do,
Boehner will need at least 30 Republicans to vote yes. The
last time the House passed a clean debt limit increase, only
28 Republicans voted for it, and one -third of them are no
longer in office.
If Congress resolves the debt limit crisis next week, as most
observers expect (hope ?) they will, the next `budget cliffs'
will be the expiration of federal highway and transit
programs (they actually expire on October 29, a few days
before the debt limit is reached) and then the December 11
expiration of the FY 2016 continuing resolution that
Congress passed to keep the federal government running
until they negotiate a final FY 2016 spending package with
the President.
Those budget talks are complicated not only by the $75
billion difference between the President and congressional
Republicans, but also over whether to shield Defense from
budget austerity by shifting some of its accounts to
`overseas contingency' (budget speak for war funds not
subject to discretionary spending caps) and the desire of
many rank - and -file members to use the appropriations
process to limit the Administration's regulatory agenda.
TRANSPORTATION
House committee approves six -year highway and transit bill
one week before extension runs out. The House
Transportation and Infrastructure Committee unanimously
approved a six -year authorization bill for surface
transportation programs on October 22. HR 3736, the
Surface Transportation Reauthorization and Reform Act
( STRRA) of 2015, continues funding at current levels,
adjusted for inflation; approximately $261 billion would go to
highways and $69 billion to transit.
The Committee went through 160 amendments over a five
hour period, but most were withdrawn. A manager's
amendment, incorporating changes to the legislation
approved by the leaders of the Committee, was added to the
bill during the markup.
While the legislation holds highway and public transportation
funding at roughly current levels, it tries to compensate by
including a number of policy reforms. For example, STRRA
would provide dedicated funding for freight improvements,
Washington Report
increase state flexibility in using federal funds (though it
would restrict the ability of states and urbanized areas to
`flex' highway money to transit projects), accelerate the
delivery of transportation improvements through
environmental review reforms, and emphasize roadway
infrastructure safety.
Most importantly and in a big win for local governments,
the bill would increase the share of funding to urbanized
areas under the Surface Transportation Program (STP) to
55 percent from 50 percent under current law.
Representatives Rodney Davis (R -IL) and Dina Titus (D-
NV) offered an amendment to increase STP sub - allocation
to urbanized areas to 67 percent, but the amendment was
withdrawn. Committee Chairman Bill Shuster (R -PA)
made a commitment to address the issue as the bill
moved forward. That commitment could have some legs,
given that the sub - allocation to urbanized areas was one
of the issues that Committee members mentioned most
often when expressing their support for the bill. In addition,
the bill retains the Transportation Alternatives Program
(TAP) at current funding levels of $819 million per year,
albeit as a set aside within STP. (On a more technical
level, TAP would have obligation authority, meaning that
TAP funds would be more likely to be used for their
intended purpose.)
However, the bill would no longer allow local governments
to shift highway funds to certain transit projects, such as
new rail projects or the Federal Transit Administration's
(FTA) New Starts and State of Good Repair Programs. In
addition, as introduced, the bill would have decreased the
federal share of funding for all New Starts projects (fixed
guideway transit projects) from 80 percent to 50 percent,
but the manager's amendment increased the federal
share for Small Starts and Core Capacity projects to 80
percent. (In practice, the federal share of funding for most
new rail transit projects is around 50 percent even though
current law allows for a federal share of 80 percent.) The
FTA bus discretionary program, which MAP -21 eliminated
in favor of a formula grant, was restored at a level of $90
million the first year increasing to $200 million each year
through the life of the bill, with the formula grant program
retained.
Congress will have to pass another short -term extension
of the Highway Trust Fund since current spending
authority ends at midnight on October 29. The biggest
challenge to enactment of a long term bill remains funding.
Committee Chairman Bill Shuster working with House
3 October 23, 2015
Republican leaders and the tax writing committee to find
revenue to pay for at least the first three years of the bill.
Declining gas tax receipts mean that a three -year bill at
current funding levels plus inflation would require
approximately $32 billion in additional revenue or offsets,
with that figure growing to $75 billion for a six -year bill. The
provisions to extract the needed $32 billion are expected to
be similar to what was included in the Senate - passed
transportation bill, call the DRIVE Act. (It is important to note
that some of those provisions which are problematic either
politically (for example, opposed by the banking industry) or
practically (not likely to actually produce the needed revenue
or offsets in the real world outside of congressional
budgeting)).
A summary of the bill and the text is found in the link below:
http:/ /transportation. house.gov /strr- act / #top.
ENERGY
EPA publishes final rule for Clean Power Plan; 23 states
immediately sue. This morning, the Environmental
Protection Agency (EPA) formally published regulations to
reduce carbon emissions from existing power plants, a key
component of its Clean Power Plan and part of its broader
strategy to reduce greenhouse gas emissions.
The regulations were finalized August 3 but published in the
Federal Register this morning. 23 states immediately
responded to their formal publication by filing suit to stop
them. Critics argue that EPA is exceeding its authority under
the Clean Air Act and that the regulations will harm the
economy with little benefit to the environment. President
Obama, who is looking ahead to international climate talks in
Paris later this year, argues that the regulations are critical
to reducing greenhouse gas emissions and argues that
critics of new environmental regulations have always
predicted economic disaster each time a new regulation is
issued.
The rule requires a nationwide reduction in carbon dioxide
(CO2) emissions from power plants of 32 percent below
2005 levels by 2030. Under the rule, each state is assigned
an interim emissions reduction target it must meet between
2022 and 2029 and a final emissions reduction target it must
meet by 2030. The rule marks EPA's first attempt to regulate
greenhouse gas emissions from existing power plants.
The rule is targeted at and is expected to most impact power
plants fired by coal and oil. In order to meet the rule's CO2
emission reduction requirements, many states will have to
Washington Report
accelerate their transition from coal and oil power plants to
natural gas and renewable sources. Some states will
merely have to do what they already planned to do while
other states, especially those reliant on electricity
generated by coal, are expected to face a much steeper
path to compliance with the rule. (The rule does not apply
to Alaska, Hawaii, Puerto Rico, Vermont and the District of
Columbia. The first three have unique electricity markets
that EPA says will require more time to address while the
last two do not have any fossil -fuel powered power
plants.)
Overall, environmental organizations, public health
organizations, the natural gas industry and the renewable
energy industry support the rule while the coal industry
and many Republicans on Capitol Hill and in governors'
mansions strongly oppose it. The electric utility industry
has been muted in its response, with individual utilities
generally saying that they need time to study the rule and
that they are committed to a broad mix of generating
sources, including renewables.
In response to criticism that the proposal is too strict,
would jeopardize jobs and could hurt electricity reliability,
the White House has stressed the flexibility and the time
(15 years) that the states will have to reduce carbon
emissions from power plants. In addition to the court
challenge filed this morning, congressional Republicans
remain committed to trying to stop the rule via the
appropriations process.
EPA issued the rule under Section 111(d) of the Clean Air
Act, a little used section of the law that has not been well
defined by the courts or in practice. Under Section 111 (d),
EPA must first assess the source of the emission to be
regulated, then determine the "best system of emissions
reductions" that have been "adequately demonstrated"
and have reasonable costs. In this rule, EPA took stock of
the strategies, technologies and measures that states and
utilities are using to reduce CO2emissions and came up
with three progressively ambitious "building blocks" for
meeting the rule's emissions reduction goals:
• Reduce the carbon intensity of existing coal -fired
power plants (in plain English: operate them more
efficiently);
• Substitute increased electricity generation from
natural gas power plants with reduced generation
from coal power plants, and
• Substitute increased electricity generation from
4 October 23, 2015
renewable sources for reduced generation from coal
power plants.
In the rule, EPA assigns each state a specific emission
reduction goal, which is specified as either:
• A rate -based goal measured by pounds of CO2 per
megawatt -hour (MWh),
• A mass -based goal measured in total short tons of CO2
or
• A mass -based goal with a new source complement
measured in total short tons of CO2.
Each state's goal is different and is determined based on a
formula that includes an assessment of its ability to do the
following:
• Improve the efficiency of existing fossil - fueled power
plants,
• Increase the utilization of lower- emitting natural gas
plants,
• Deploy additional low- carbon power sources such as
nuclear and renewables and
• Reduce the growth rate of demand for electricity through
investments in energy efficiency.
Each state must determine how best to meet its emission
reduction target and is responsible for developing a
compliance plan. The rule requires the states to develop and
implement a plan that ensures power plants in the state
meet the interim CO2 emission reduction goals between
2022 and 2029 and final carbon emission reduction goals by
2030. The rule allows the states to choose between two
broad approaches to meeting its carbon emission reduction
requirements:
• A emissions standards plan, in which each power plant
in the state is required to meet its required emissions
performance rate or a mass -based equivalent or
• A state measures plan that includes a mixture of
measures such as renewable energy standards and
programs to improve energy efficiency, though states
adopting such an approach would have to develop a
backstop for having power plants meet emission
reduction requirements if the measures fail to meet the
rule's emission reduction requirements.
A summary of approaches states can use is at:
http: / /l.usa.gov /1 hnHcrz.
States must submit their final compliance plans or an initial
Washington Report
plan with an extension request by September 6, 2016; all
final state plans are due September 6, 2018. EPA will
develop and implement plans for states that choose not to
do so. However, it should be noted that legal challenges
could impact these deadlines and full implementation of
the rule rests in the hands of the next Administration.
(EPA timelines are usually long. For example: EPA this
year issued the final rule implementing the 2008 standards
for ozone; the Supreme Court ruled in 2007 that EPA can
(must, if it finds there is a public health threat) regulate
CO2 under the Clean Air Act, EPA is issuing this rule nine
years eight years later.)
Full details of the Clean Power Plan for existing power
plants can be found at:
http://l.usa.gov/1 P95QB0.
CRIMINAL JUSTICE
Senate panel passes sentencing reform bill. This week,
the Senate Judiciary Committee advanced the Sentencing
Reform and Corrections Act (S 2123), which seeks to
overhaul the federal sentencing laws and reduce the
incarceration rate. The bipartisan bill was passed by the
panel after months of negotiations, and it has been lauded
by Chairman Chuck Grassley (R -IA) as a historic criminal
justice reform bill.
The most common criticism of the federal prison system is
that prison sentences for "low - level" drug offenses are too
long. Current law sets mandatory minimum sentences
based on how much of the drug the offender possessed at
the time of arrest. Many sentences are set by
congressionally mandated minimums, which do not allow
judges to take an offender's individual circumstances into
account. In addition, critics of current law argue that
experience has shown that mandatory minimums have not
only contributed to the increase in the nation's
incarceration rate, but also has exacerbated the levels of
racial disparity in the criminal justice and correctional
systems.
The Sentencing Reform and Corrections Act (S 2123)
aims to narrow the scope of mandatory minimum prison
sentences to focus on the most serious drug offenders
and violent criminals. S 2123 would not eliminate
mandatory minimum sentences; it would lower them for
low - level, nonviolent offenders without a criminal record. It
would also give judges more discretion to impose
sentences shorter than those minimums and would make
some criminals eligible for early release in exchange for
5 October 23, 2015
participating in programs aimed at reducing recidivism.
However, S 2123 would add new mandatory minimums for
interstate domestic violence and providing weapons and
other defense material to prohibited countries and terrorists.
During the hearing, several Committee members voiced
concerns that retroactively reducing mandatory minimums
may result in the release of thousands of offenders and lead
to an uptick in crime. However supporters argue that while
provisions in the bill would relax minimums for already
incarcerated offenders, it would also give judges discretion
to release them from prison on a case -by -case basis.
The bill now moves to the Senate floor. The President has
voiced his support for S 2123.
GRANTS & NOTICES
Department of Health & Human Services
HHS awarded over $2.2 billion through its FY 2015 Ryan
White HIV /AIDS Program:
http://l.usa.gov/1 LEYZmf
Department of Housing & Urban Development
HUD issued a proposed rule to formalize standards for
victims of harassment in housing (private and publicly
assisted) to bring claims under the Fair Housing Act. The
proposed rule would also establish regulations for illegal
harassment or other discriminatory housing practices for
housing providers. Public comments are due December 21:
http://l.usa.gov/1 RoHSbU
Department of Justice
The Bureau of Justice Assistance (BJA) released a report
detailing the FY 2015 Edward Byrne Memorial Justice
Assistance formula allocations and steps used to reach
these allocations. A total of nearly $256 million was
allocated:
http://l.usa.gov/1 NUQBtp
BJA published resources for local law enforcement
regarding safeguards for children of arrested parents:
http://l.usa.gov/1 W4NHN3
Department of Transportation
DOT released a draft National Freight Strategic Plan, a
comprehensive overview of the country's freight needs and
future challenges. The draft identifies successful programs
already in place to improve freight planning and investment,
as well as includes proposed strategies and programs for
improvement. Comments on the draft plan are currently
Washington Report
being accepted:
http://l.usa.gov/1 PruLcx
DOT also released a draft Multimodal Freight Network
(MFN), which maps highways, local roads, railways,
navigable waterways, pipelines, seaports, airports and
intermodal facilities. Public comments are also currently
being accepted on the draft MFN:
http://l.usa.gov/lWOU8pG
Department of the Treasury
The Community Development Financial Institutions (CDFI)
Fund is accepting applications for CY 2015 New Markets
Tax Credit (NMTC) Program. CDFI plans to make up to $5
billion in tax credit allocations to designated Community
Development Entities (CDE). Applications for CDE
certification are due November 6 and NMTC applications
are due December 16:
http://l.usa.gov/1 hUA4CB
Federal Aviation Administration
FAA is seeking public comments on streamlining the
registration process for Unmanned Aircraft Systems. In
advance of a newly created special task force's deadline
of November 20 to submit recommendations to FAA,
public comments are request by November 6:
http://l.usa.gov/lMlobrU
National Fish & Wildlife Foundation and Wells Fargo
The NFWF and Wells Fargo are accepting applications for
the 2016 Environmental Solutions for Communities
Program. Approximately $2.5 million through grants of
$25,000 to $100,000 will be awarded to support highly -
visible projects that link economic development and
community well -being to the stewardship and health of the
environment. Eligible applicants include local governments
within specified geographic areas. Cash or in -kind
matching is favored; projects that meet or exceed a 1:1
match ratio will be more competitive. Applications are due
December 10:
http: / /bit.ly /l OfvPyG