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March 8, 2011 MinutesCITY OF DENTON CITY COUNCIL MINUTES March 8, 2011 After determining that a quorum was present, the City Council convened in a 2" d Tuesday Session on Tuesday, March 8, 2011 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Council Member King, Council Member Heggins, Council Member Gregory, Mayor Burroughs, Council Member Watts, and Mayor Pro Tem Kamp. ABSENT: Council Member Engelbrecht. Mayor Burroughs announced that Council would be going into Closed Session before considering the items on the 2" d Tuesday Session. 1. Closed Meeting: 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, City of Denton City Council Minutes March 8, 2011 Page 2 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. C E R T I F I C A T E Following the completion of the Closed Session, the Council convened into the 2" d Tuesday Session. 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. Ross Chadwick, Fire Chief, stated that Council had requested an update at the end of the first quarter as it related to the budget reductions and staffing impacts that were part of the 2010-11 FY budget. He presented a five-year history of emergency responses. That history showed that building fires were down about 1.4% with EMS and fire calls staying about the same. One of the budget issues dealt with the direction from Council to reduce overtime by one third. He reviewed the first quarter overtime comparison from the first quarter from the previous year. There had been no impact on service and the figures showed that the reduction in daily minimum staffing from 37 to 35 had accomplished its primary goal of reducing overtime. Another budget strategy was to freeze several positions which included one fire captain and one receptionist position. Those frozen positions would result in an annual savings of $201,704. During budget discussion, the Council asked about the options to increase staffing and/or deployment. At that time, he had presented the preferred staffing/deployment option in the strategic plan which was 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. That ultimately meant an additional three ambulance companies at the fire stations that currently did not have a front line ambulance company. Options for this type of staffing included (1) add a front-line ambulance at Fire Station 41 on a part-time basis, (2) add a front-line ambulance full time at Station 41, (3) add at least two ambulances to provide a non-emergency transfer business, and (4) keep staffing and deployment as it currently existed. At this time, staff was recommending Option 44. City of Denton City Council Minutes March 8, 2011 Page 3 Council Member Gregory asked about the cost of part-time to full-time. Chadwick stated that $200,000 would be needed for full time and part time would be approximately $150,000. Council Member Gregory asked for more information on what would happen for a non- emergency transfer when an emergency happened. Consensus of the Council was to keep the status quo and follow the staff recommendation. The Council went into the Special Called Session to consider the following item. 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. Council Member Heggins motioned, Mayor Pro Tem Kamp seconded to approve the resolution. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member Heggins "aye", Council Member Gregory "aye", Mayor Pro Tem Kamp "aye" and Mayor Burroughs "aye". Motion carried unanimously. Council returned to the 2" d Tuesday Session. 2. Receive a report, hold a discussion and give staff direction regarding the position vacancy management program within the City of Denton. Bryan Langley, Chief Financial Officer, stated that the overall goal of the program was to save $1.45 million and the City was on track to save at least that amount. He indicated that budget planning for the FY 10-11 estimated an initial $8.5 million gap between revenues and expenditures in the General Fund. Several operational cost saving measures were considered. Since personnel costs represented the largest portion of the General Fund expenditures, options for reducing those costs had to be considered. The Vacancy Management Plan resulted in no layoffs and savings were achieved by not filling approximately 22 positions. As position turnover and attrition rates dictated, vacant positions were filled according to need. Since the adoption of the budget, several positions had become vacant. Timing and cost of each vacant position factored into the total savings for the fiscal year. Staff tracked the savings on a weekly basis and it appeared that the city was on track to achieve at least the $1.45 million in cost savings. Mayor Burroughs left the meeting. 3. Receive a report, hold a discussion and give staff direction regarding the Council's objective of developing community leadership through boards and commissions. City of Denton City Council Minutes March 8, 2011 Page 4 City Manager Campbell stated that this item included the action steps identified by the City Council. He suggested that the discussion be postponed until there was a full Council and defer the item to another meeting. Consensus of the Council was to postpone the item to another meeting. With no further business, the meeting was adjourned at 6:30 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS