Minutes May 24, 1994233
CITY OF DENTON CITY COUNCIL MINUTES
May 24, 1994
The Council convened into a Special Call Session of the City of
Denton City council on Tuesday, May 24, 1994 at 5:15 p.m. in the
Civil Defense Room.
PRESENT: Mayor Castleberry; Council Members Chew, Cott, Perry,
Miller and Smith.
ABSENT: Mayor Pro Tem Brock
following:
The Council convened into the Executive Session to discuss the
Legal Matters -- Under TEX. GOV'T CODE Sec. 551.071
1. Considered legal advice regarding a contract
between the city of Denton and the Texas Municipal
Power Agency.
B. Real Estate -- Under TEX. GOV'T CODE Sec. 551.072
C. Personnel/Board Appointments -- Under TEX. GOV'T CODE
Sec. 551.074
2. The Council received a report and held a discussion regarding
the Quarterly Financial Reports.
Kathy DuBose, Acting Executive Director for Finance, stated that
the back-up materials included comparisons of revenues and
expenditures for the current year to date to the prior year at the
same point in time. These figures were also compared to the budget
and indicated the amount of revenue collected to date and whether
that was over or under the prior year to date. When the major
budget issues and proposed budget were presented, a forecast for
the year would be included. The ad valorem tax was very close to
last year and the sales tax was 11% over last year. Last year the
Council repealed the exemption on the sales tax on utilities which
was effective January 1. Part of the increase over the first three
months of the prior year had that sales tax. Franchise taxes were
close to prior years while other taxes had a 5% variance. Revenue
fees were 31% over last year. Ambulance service fees were
increased.
Council Member Cott asked if the City received any part of the
lotto.
DuBose replied no.
council Member Perry asked about the difference between the
swimming pool fees and the airport fees as there was an $8,000
difference between the two.
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Page 2
DuBose replied that the swimming pool fee was a seasonal revenue
which would increase in the summer months.
Council Member Perry asked about the ambulance service fees and
subscription fees.
DuBose replied that the subscription fee was a service enacted in
prior years where individuals could subscribe to ambulance service
and not be charged any balance billing. In the fines and fees
category, the mowing fees had increased this year over the prior
year while municipal fines were below last year.
Mayor Castleberry noted that the TWU police fines were up and the
UNT fines were down.
Sandra White, Municipal Judge, stated that a meeting was scheduled
with UNT regarding the decline and usage of the City court for
cases. She had been told that UNT was using the County for penal
code offenses but she noticed that traffic cases were going there
as well. UNT stated that only Class C cases were being filed with
the County but her impression was that other cases were being filed
with the County Court as well.
Council Member Perry asked about swimming pool inspection fees.
DuBose stated that that was a seasonal inspection which would
increase in the summer months.
Mayor Castleberry asked why parking fines were down.
DuBose indicated that she would research that information for the
Mayor.
Sandra White, Municipal Judge, indicated that last year there was
a warrant roundup which included parking fines. There was an
increase in parking tickets being paid due to that program which
might be affecting the numbers for this year.
City Manager Harrell stated that parking fines would not make
budget projections. Last year, the budget anticipated that the
parking fine schedule would be adjusted and multiple offenses would
have a higher fine. That program had been delayed until the move
into the Court of Record. When that decision was made, a short
fall was evident in that category.
Mayor Castleberry asked staff to check to see if the same type of
enforcement on parking was being done as last year. He also
questioned restaurant inspections.
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Page 3
Dubose indicated that last year the account ended with $35,000
collected and that appeared to be a seasonal revenue as well.
Mayor Castleberry asked staff to research why that revenue was
down.
DuBose stated that zoning permits and building permits had
increased over last year. Certificates of occupancy were up from
last year as were landscaping permits. Those areas were growth
related and were up from last year. In the miscellaneous revenues
category, interest income was down from the prior year due to lower
interest rates over the past 9 months. The majority of tax money
came in in December and January and the city was just now investing
that money. Transfers were on schedule for this year. Figures
indicated that total revenue was 3% over last year.
City Manager Harrell stated that the City had a good year last year
revenue wise and anticipated an equally good year this year.
Council Member Miller asked about the delinquent ad valorem tax
figure.
DuBose stated that the City had a shrinking base for taxes and what
was being turned over to the collection agency was smaller.
Expenditures were within a 1% variance for overall expenditures for
the general fund over last year. Reasons for the overages included
vacant positions last year which were now filled, increased
maintenance costs, payouts for employees who left the City, and
vehicle maintenance.
Council Member Cott asked about expenses which were most likely to
increase and ones most likely to decrease.
DuBose stated that in the past few years there had been many unmet
needs such as capital items and reduction of staff. She reviewed
the utility accounts which were on target for budgeted amounts.
3. The Council received a report, held a discussion and gave
staff direction regarding policies and procedures affecting the
permanent part-time municipal judge position and terms of office
for the judges of the Court of Record.
Joseph Portugal, Assistant to the City Manager, stated that he
would review the Municipal Judge's questions for Council
consideration. Question 1 dealt with the salary for the part-time
judge. The recommendation was to place the position in a grade 10
at $17 per hour.
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Consensus of the Council was to follow that recommendation.
Portugal stated that Question 2 dealt with the annual evaluation
for the position. Council had requested additional information and
Legal review of this question.
Mayor Castleberry stated that Council had discussed the possibility
of having the Court Subcommittee handle the evaluation and report
to Council.
Council Member Perry stated that as Council was a small group, he
felt that the entire Council rather than a subcommittee could
participate in the evaluations. The Council reviewed their current
employees and he wanted to be consistent with all their employees.
This was a Charter responsibility and considering the number of the
Council, would not be a difficult task.
Council Member Smith agreed that the Council was a small body and
she would like to be able to be involved with the appraisals.
Sandra White, Municipal Judge, stated that the Human Resources
Department had done a survey of local entities regarding these
issues. She had conducted her own survey and it appeared that
there were some differences in the information from the same
cities. Her information was from the judges in the cities
surveyed. Few cities had a permanent part-time judge as most were
contract judges. With the evaluation process, most cities used the
system for the contract/part-time judge evaluation which went
through the full-time judge with input to the Council. There was
no clear answer from any of the cities.
Council Member Cott asked if under the State Bar, the results of
the judge came back to the Council. If a judge made a mistake, did
it come back to the Council.
White replied no that there was judicial immunity unless a judge
was grossly not following the law.
Council Member Cott stated that as the Council had the
responsibility of working with the permanent judge, they should
have the same responsibility working with an associate judge.
Tom Klinck, Director of Human Resources, stated that some of the
terminology was confusing. The Charter provided that Council would
appoint the judges whether they were regular full-time or contract
' judges and if the Council appointed th~a judges, %hey had to enter
into a contract with them. Whether those judges received half-time
benefits depended on what that employee would be called. Currently
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the special agreement judges were paid $25 per hour. With the
benefits and recommended salary there would be a 25% additional
cost to the organization for recommended benefits for a part-time
employee. It was a Council choice whether to hire a part-time
employee paid at $17 per hour with part-time benefits or do a
special agreement position at $25 per hour. The Council would
still appoint, select and enter into a contract with the
individual.
City Attorney Drayovitch reminded Council that there were Charter
and statutory provisions for the appointment of judges which were
not items which could be delegated. In Austin, the municipal judge
was evaluated by whether or not the individual was reappointed or
not. In Garland, the municipal judge did not know the salaries of
the associate judges. Most cities did not give raises based on
performance. The evaluation process was whether or not the judge
would be reappointed to an additional term.
Council Member Perry stated that he wanted a first class Court of
Record and felt that a specific part-time permanent position was
needed which would be tied to the Court of Record. He felt that
the position should be treated with the same respect as the
permanent judge's position.
Council Member smith felt that part of the problem was the word
,'evaluation". If there was a contract and Council discussed
renewing that contract, that was not an evaluation. The Council
was not equipped to evaluate a judge. Renewing a contract was a
less specific situation than a formal evaluation and did not
require expertise as a formal evaluation.
Council Member Miller asked how many judges were currently involved
with the Court.
White replied that there were two contract judges and one permanent
judge.
Council Member Miller asked how that would change with the Court of
Record.
White replied that there would be a pool of the two contract judges
and a part-time judge.
Council Member Miller stated that there would be three judges in
addition to the full-time judge.
White replied correct. The Council could decide to add the extra
hours to the time for the two current contract judges.
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Council Member Miller stated that the decision was how the Council
wanted to run the Court of Record. He felt that there needed to be
contracts with the judges and to determine the terms of those
contracts. The evaluations should take place either annually or
every two years. He questioned the need for a permanent part-time
judge.
White replied that she had proposed a regular part-time position as
she had been under the impression that if the individual were
scheduled for 20 hours per week, by law, that person was a regular
part-time employee. She now knew that that was not necessarily so.
The current contract judges could be scheduled for 20 hours per
week if she were gone on vacation. It was not always known how
long a docket would last. If there were a set number of hours per
week and the dockets went over that set number, there would be no
other money budgeted for those hours. Most of the additional hours
were night-time hours for the new Court of Record°
Council Member Miller asked if the current contract judges would be
available for those hours. He felt that the Council had been
operating under one set of assumptions and now those assumptions
might not be correct. With a contract judge, it would be easy to
move into a permanent part-time judge later. It would be difficult
to go the other way around. He questioned if it would be better to
go with a contract judge who would be available for certain hours,
responsible to Council, etc.
Mayor Castleberry indicated that Council had taken two consensus to
have a permanent part-time municipal judge. Did Council want to
add to that that the employee would be appointed and evaluated by
the Council.
Council Member Smith felt that there should be a term limitation
and at the end of the term, there would be a review and/or
evaluation. She asked what hours the current contract judges
worked.
White replied that Judge Ramsey did weekend jail arraignments and
a night docket twice a month dealing with juvenile traffic and
alcohol violations. He did some special assignments during the day
and normally worked 10 hours per week.
Council Member Smith asked if Judge Ramsey came in early or stayed
late to complete paper work associated with the night dockets.
White replied no.
Council Member Smith asked about Judge Cooper.
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White replied that Judge Cooper worked the juvenile penal code
docket for 7 hours and the paper work associated with that court.
That docket was scheduled for twice a month until the Court moved
into its new facility. After that it would be held four times a
month. Judge Cooper also worked at the jail on Tuesday mornings.
Seven hours per week was what the Council had budgeted for for
Judge Cooper.
Council Member smith asked if the Court of Record would increase
the need for additional dockets and judges.
White replied that additional dockets would be created for the
Court of Record such as two attorney dockets, three night-time
adult dockets plus there was an increase in jail activity with
video arraignments.
Council Member Chew stated that since, by Charter, the Council had
to appoint the judges, it should do the evaluation. He felt that
the current arrangement of judges should be used on a part-time
basis until the Court of Record was started to see what was needed.
Council Member Cott asked if there was a significant backlog of
cases.
White replied that currently there was no backlog of cases. Some
of the new dockets had to be cancelled but she was keeping up with
the dockets anticipating the volume once the Court of Record began.
Mayor Castleberry summarized that Council had decided to hire a
part-time permanent municipal judge. The appointment would be made
for a specific period of time and the individual would be evaluated
by the Council.
Council Member Miller felt that there had been a change of
circumstances and questioned the need for a permanent part-time
judge. He felt that the Court could continue with the current
judges. The prior understanding was that the Court had to have
another judge and he felt that that preliminary recommendation
might not now apply.
Council Member Perry stated that by the time an individual were
appointed and Council was through the budget process, the extra
position would be needed. He felt that there was a need for such
a position.
Council Member Cott stated that he would rather have the extra
appointee going into the new court and reduce a position later if
necessary rather than not have the proper amount of people.
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Council Member Smith felt that Judges Cooper and Ramsey were relief
judges and were not permanent positions. She felt that a permanent
part-time position was needed and that the other judges could fill
in when needed. She did not want to be short-handed with the new
court.
White asked if the position would be paid hourly or by salary.
Mayor Castleberry summarized again that there would be a permanent
part-time position which would be evaluated by Council. The
position would have a definite time period for term of office.
Council Member Miller felt that the Council was operating under
previous information. Other cities with a court of record operated
without a permanent part-time judge and he felt that the process
was being complicated by adding this position. He felt it was not
necessary.
Consensus of the Council was to hire a permanent part-time position
with Council evaluation of that position.
Portugal stated that Question 3 dealt with allowing the permanent
part-time judge to engage in employment outside city hours.
Previous consensus of the Council was to allow such employment and
Council had considered that a reasonable request.
Consensus of the Council was that outside employment would be
allowed.
Portugal stated that Question 4 dealt with providing additional
benefits in addition to the normal part-time position benefits.
Those included bar dues, occupational tax, Denton County Bar
Association dues, Municipal Court Association dues, continuing
education and deferred compensation. Consensus of the Council at
the last meeting was that additional information was needed and no
decision was made regarding such benefits.
Mayor Castleberry asked which of those benefits were given to other
permanent part-time employees.
City Attorney Drayovitch stated that currently there was no other
employee in a similar situation.
Mayor Castleberry stated that as other employees did not have
deferred compensation as a benefit this position should not either.
He asked about a legal continuing education course which was
approximately $600 per year for mandatory course work.
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Council Member Miller stated that the $600 was for the mandatory
course work.
Portugal replied yes.
White felt that Council had agreed that an evidence course was a
good training course for the individual and was willing to pay for
a portion of that $300 course but had not decided an amount.
Mayor Castleberry asked if there were any permanent part-time
employees who received payment for course work.
Klinck stated that' other part-time employees could receive
educational course work paid within the departmental budget. Every
department director could pay non-mandatory fees at his discretion.
Consensus of the Council was to pay the $600 for the mandatory
education and follow the regular personnel policy for any
additional courses.
Mayor Castleberry asked about the payment of bar dues. He asked if
the City paid any dues to organizations.
City Attorney Drayovitch stated that the City paid bar dues for
every full time attorney but not for any contract attorneys.
White suggested that if the individual had outside employment, the
City not pay the dues. If the individual did not have outside
employment, the City would pay the dues.
Mayor Castleberry suggested paying half of the dues if the
individual had outside employment. If not, the entire amount would
be paid.
Consensus of the Council was to pay half of the dues if the
individual had outside employment. If the individual were retired
or not a practicing attorney, all of the dues would be paid.
Mayor Castleberry asked about the occupational tax. He felt that
if the individual were a practicing attorney, he should pay his own
occupational tax.
Consensus of the Council was to not pay for the occupational tax.
Mayor Castleberry asked about the payment of a portion of the
Denton County Bar Association dues.
Klinck stated that the City normally paid dues for one association.
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Council Member Chew stated that as the Council was paying for the
bar association dues, would that not be the one association dues
which the City paid.
Mayor Castleberry agreed.
Consensus of the Council was to not pay for any of the Denton
County Bar Association dues.
Council Member Chew stated that the bar dues were necessary to
practice law and really was not considered dues.
Consensus of the Council was to pay the dues for the Texas
Municipal Court Association.
Portugal stated that Question 5 dealt with the selection process of
the part-time judge. Prior Council discussion determined that the
Council would have the Municipal Court Committee review the
applicahts and forward three for Council consideration.
Mayor Castleberry summarized that the Subcommittee would handle
reviewing the applicants and bring a recommendation to the entire
Council.
Consensus of the Council was that the Subcommittee would recommend
three applicants to the entire Council.
Portugal stated that Question 6 dealt with advertising for the
position. Council decided at the prior meeting to follow the
procedures used by Human Resources for other City positions.
Council Member Miller asked what the normal procedure was for
considering individuals within the organization before going out-
of-house.
Klinck stated that it would be the discretion of Council whether to
post the job internally or post it out-of-house. Normally special
agreement individuals were contract employees and were not
considered city employees. A contract employee could not apply for
an in-house position.
Council Member Miller asked if it were legal to first post the
position in-house.
city Attorney Drayovitch stated that the contract judges were not
currently city employees.
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Klinck stated that the contract judges were appointed by Council.
As the Council appointments were different from the City Manager
appointments, the Council could define the selection process in any
way it wanted. The contract judges and any assistant city attorney
would be the only individuals who could apply in-house.
Council Member Cott did not want to have any perception of wrong
doing and suggested posting out-of-house.
Council Member Chew felt that the position should be posted in-
house as it was a legal position and any current contract judge or
assistant city attorney could apply for the position.
Klinck suggested that the Subcommittee look at the internal
applicants and if they had no recommendation to Council, the job
could then be posted out-of-house.
Mayor Castleberry suggested posting the position in-house first and
then p6st out-of-house if there were no applicants.
Council Member Perry felt the position should be posted out-of-
house in ensure that there was no question regarding the position.
Mayor Castleberry stated that the first proposal was to post the
job internally and if there were no applicants, the job would be
posted out-of-house.
Consensus of the Council was split with Council Members Smith,
Perry and Cott wanting to post out-of-house and Council Members
Miller and Chew and Mayor Castleberry wanting to only post in-
house.
Mayor Castleberry stated that this item would be deferred until a
later time.
Portugal stated that Question 7 dealt with a judicial robe. The
Council decided to provide a robe for a part-time judge and
discussed but did not make a decision regarding robes for the
contract judges.
Consensus of the Council was to buy robes for all judges.
Portugal stated that Question 8 dealt with term limitations for the
judges.
City Attorney Drayovitch stated that Judge White had advised her of
a statute which indicated that if there was no term of office
specified for a municipal judge, it would be the same as the term
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City of Denton City Council Minutes
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Page 12
of office for the mayor which was two years. As a home rule city,
the City could specify a different term. However, there was a
constitutional limitation of going past two years.
Mayor Castleberry asked if the Council wanted one or two year
terms.
Council Member Smith suggested staggering the terms such as was
done with the Council.
Council Member Perry asked if the chief judge would have a two year
term.
Council Member Smith replied yes and the part-time judge would
start with a one year term and then have a two year term.
City Attorney Drayovitch stated that that could be done with the
appointment terms of the office.
Mayor Castleberry asked if the Council would like to stagger terms
of office for the judges.
Consensus of the Council was to stagger the terms of office. The
chief judge would have a two year term and the part-time judge and
contract judges would have staggered terms.
4. The Council received a report, held a discussion and gave
staff direction regarding an In Fill Financing Policy.
Lee Allison, Director of Electric Utilities, stated that there were
a few areas in the City where there were no utility services. A
policy had been developed which would follow the economic
development policy. It would be funded with economic development
funds and would not require any additional funds. The Public
Utilities Board had requested that only the annual allocation,
$250,000 for water and $250,000 for wastewater be available in the
third quarter. This would be available to any developer and would
have reduced qualification requirements. The developer would be
required to pay for the first 500 feet of offsite improvements of
the size needed by the developer. Because the policy was promoting
compact growth, the maximum footage would be 2500 feet of offsite
improvements. There would be a preapproved list of six areas to
develop and consider, a candidate list, neighborhood cooperation,
a master plan, and marketing potential.
Council Member Perry asked if the amount put into the plan was
always left over from the budgeted amount.
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Allison replied that the economic development policy allowed for
$250,000 per year. Anything not spent at the end of the year went
into a reserve of up to $1 million. This proposal was an amendment
which used any unspent money of the annual allocation of $250,000
during the third quarter.
Council Member Perry asked where Council was in the process.
Allison replied that Council budgeted for the money on an annual
basis. Council would determine the six preapproved sites and any
eventual contract.
Bob Nelson, Executive Director for Utilities, stated that the
policy was intended to use any left over money from the original
$250,000 for water and wastewater during the third quarter. As a
result, there probably would not be any money left for a reserve
fund. Currently there was approximately $1.7 million available as
an obligation for use.
City Manager Harrell stated that if there were a big development,
a large amount of the funds would be used.
Consensus of the Council was to proceed with the proposal.
5. The Council received a report and held a discussion regarding
various drainage projects.
Lee Allison, Director of Water Utilities, presented a slide
presentation regarding specific drainage complaints received during
the CIP hearings. Most of the drainage problems were a result of
the development of the area and not due to the city channels.
With no further business, the meeting was adjourned at 8:50 p.m.
CITY OF DENTON, TEXAS
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CITY OF DENTON, TEXA~ ~
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