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08/04/2008-CC-Agenda Packet-RegularAGENDA CITY COUNCIL MONDAY, AUGUST 492008 7:00 P.M. 1. all Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. CONSENT AGENDA 3. a) Approve Minutes: July 15, 2008 -Budget Workshop July 21, 2008 -Work Session July 21, 2008 - City Council b) Disbursements c) Approve Performance Appraisal System d) Approve New Pay Grade Schedule e) Approve Resolution Appointing Harlan Jefferson to Serve on Denco Area 94-1 District Board of Managers 4. Consider any Items Removed from Consent Agenda. 5. Executive Session: Pursuant to Open Meetings Act, Chapter 551, Texas Government Code, Subchapter D, 551.074 Deliberation Regarding Personnel Matters (a) Review City Manager Employment Contract 6. Reconvene: Into Regular Session and Consider Action, if any, on Items Discussed in Executive Session. 7. Consider and Possible Action on Approving City Manager's Employment Contract. 8. Information Items: a) Updated Estimates from Upper Trinity Regional Water District of Fees, Rates and Charges for FY 2009 9. Adjournment. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on the following date and time: �(1 \j UC�� at 7pQ p.m. and shall remain posted until ing is adj( Rosalie Chavez, City City of Sanger, Texas This notice was removed from the official bulletin board 20 AM by �f2J This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 45&7930 for further information. MINUTES: CITY COUNCIL MEETING WORKSHOP SESSION July 15, 2008 PRESENT: Councilman Glenn Ervin. Councilman Mike Walker, Councilman Thomas Muir, Councilman Andy Garza, Councilman Robert Patton i kBSENT. MayorJoe Higgs ®TREKS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez 1. Call Meeting to Order. Glenn Ervin, Mayor Pro Tem called meeting to order. 2. Review and Discussion of 2009 Budget and Tax Rate. The City Manager and Council discussed in length the proposed COLA raises in the budget and the merit increase. There were concerns expressed by Council regarding the public perception concerning the raises based on the economy as it stands. Lengthy discussion concerning the proposed raises. City Manager advised the salaries are position specific not person specific. The City Manager proceeded to discuss the budget for the Enterprise Fund to included the funded departments. The 4A and 4B budgets were discussed. The 4B is looking at significant parks' projects next year with 4A funding utility improvements in the industrial area. 3. Adjournment. MINUTES: CITY COUNCIL WORKSHOP MINUTES JULY 21, 2008 PRESENT: Mayor Joe Higgs, Councilman Robert Patton, Councilman Glenn Ervin, Councilman Thomas Muir, Councilman Andy Garza 1 1 ' kBSENT9 Councilman OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez L Call Meeting to Order. Mayor Higgs called meeting to order. 2. Discussion on City Merit and Pay Grades. City Manager addressed the Council with a Power Point presentation on the administrative procedure of the performance appraisal system. An overview of the guidelines concerning scoring, criteria, and merit pay calculations was discussed. The purpose of this appraisal system is to document the employees performance, clarify expectations of performance levels, suggest ways to improve performance and reward exemplary performance. The City Manager recommended the benchmark merit increase for the upcoming budget year and proposed the City adopt the pay grades. The pay grades assure the positions in each department are treated equitably. There is criteria concerning certain positions that include licensing and certification before an employee can move up in the pay scale. He explained the merit increases may be suspended or delayed due to the budget process. Discussion concerning the benchmarks and evaluation process continued. The City Manager indicated the information on the salary comparison was obtained from the Texas Municipal League database. Staff compared cities that were within the same population and compared salaries and did not use cherry -picked numbers. Discussion concerning the merit increases. Councilman Garza expressed a concern that the comparisons might not be enough to retain employees and there have been times we have lost employees to Denton, Dallas and other local towns. The cities used in the comparisons were not close to the vicinity of Sanger, and he indicated the comparisons weren't "apples to apples." At some point, the City Manager would be faced to make a decision based on towns that are closer to Sanger whether they are smaller, bigger or the same size. City Manager indicated that over time the City will have to consider it and address it, but currently the City can't afford it. There are other benefits the City offers the employees. The employees who decide to work in Sanger either live here or don't want to drive to work. It is more convenient to work in Sanger. Discussion concerning the pay plan comparisons and career ladders. The Fire and Police departments are licensed by the State, and those employees must take certain classes and meet certain criteria to become certified. There was discussion concerning employees of the City who have a CDL license. Staff advised the majority of employees have their CDL license and this is a requirement in their job description. City Manager advised if the Council decides to implement the pay grade schedule there are approximately eleven employees who are below the incumbent range, and these employees need to move to that range. The total cost is $7,000 to make these adjustments. Discussion followed concerning the salary adjustments. There was discussion concerning employee expenses for custodial service versus contractual. The pay scale for certain supervisors in Public Works was also discussed briefly. City Manager advised that if it is the consensus of the Council to move forward, he will have this on the August 4tn agenda for approval. 3. Discussion on Possible Resolution Regarding Dangerous Dogs. City Manager advised Council to review the resolution from the City of Duncanville that would grant Texas greater control over a dangerous breed of dogs. This will be on the August 4th agenda for action. 4. Discussion on Sidewalk Projec#s. City Manager advised that at the last budget meeting the consensus of Council is that they want to complete the tie-in on 5"'street. He will proceed to have the surveyor get the surveying completed, and they will probably start on Freese Drive. Councilman Patton indicated he would like to start on 5"' Street at Colonial Heights. Discussion followed concerning the importance to get this section done. There is a problem due to the drainage channeUditch at this location. A retaining wall will have to be built and the cost will be higher. City Manager expressed a concerning with starting on 5`h Street due to the cost to complete the project. 6. Adjournment. 1Vlayor adjourned the workshop meeting. MINUTES: CITY COUNCIL MEETING JULY 219 2008 PRESENT: Mayor Joe Higgs, Councilman Robert Patton, Councilman Glenn Ervin, Councilman Thomas Muir, Councilman Andy Garza MEMBERS ABSENT. Councilman Mike Walker OTHERS PRESENT: City Manager Mike Brice, City Secretary/Asst. City Manager Rose Chavez, Shannon Graves -Sanger Courier, Peggy Hinkle -Wolfe -Denton Record Chronicle L Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Higgs called meeting to order, Councilman Garza led the invocation, followed by Councilman Patton leading the Pledge of Allegiance. 2. Citizens Input: Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues that are brought up during this section. CONSENT AGENDA 3. a) Approve Minutes: June 7, 2008 -City Council June 8, 2008 - Budget Workshop b) Disbursements c) Interconnection Agreement Between the City of Sanger and Brazos Electric Power System d) Approve Second Amendment to Lease Agreement with AT&T Mobility Councilman Ervin requested item (d) be pulled for discussion. He also made a correction to the minutes to reflect the change to Councilman Andy Garza in members present. Councilman Patton moved to approve the consent agenda with the exception of moving item (d) for discussion to item four, correcting the minutes to approve to reflect July 7 and July 8. Seconded by Councilman Garza. Motion carried unanimously. 4. Consider any Items Removed from Consent Agenda. City Manager advised the lease agreement is an amendment to the existing AT&T lease at the water tower. In the last three years we have been in dispute with AT&T in the amount of rent they were paying. In the last few months AT&T requested to install new equipment at the water tower, and in negotiation of that agreement they had to settle the rent dispute with the City in the amount of $47,000. Their current rent is $1035.00 a month and is adjusted every five years. Discussion concerning the original 1998 lease and the new one in 1999. There was a dispute that the 1999 lease was for Sanger, California and not Sanger, Texas. Staff reported that there had been numerous letters sent and the City Attorney had also sent them a letter; however, we could not get anyone to communicate back with us concerning the matter. The discussion continued concerning the rent AT&T was paying, the escalator clause, and the term of the original lease. City Manager indicated the rent they are paying is within the range it needs to be. Motion made by Councilman Ervin to approve the lease agreement with AT&T Mobility. Seconded by Councilman Muir. Motion carried unanimously. 5. Information Items: a) Memo from City Manager b) City of Sanger Financial Report c) City of Sanger Investment Report d) Monthly Library Report e) Legislative Update 6. Executive Session: Pursuant to Open Meetings Act, Chapter 5519 Texas Government Code, Subchapter D, 551.074 Deliberation Regarding Personnel Matters. (a) Review City Manager Performance and Consider Changes to Employment Contract Mayor Higgs convened the City Council into executive session at 7:20 p.m. 7. Reconvene: Into Regular Session and Consider Action, if any, on Items Discussed in Executive Session. Mayor Higgs reconvened City Council from Executive Session at 8:35 p.m. Action was not taken at this time. Mayor advised action will be taken on the August 4`" meeting. 8. Adjournment. Mayor Higgs declared meeting adjourned. 7/25/2008 3:51 PM PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: N/A NON -DEPARTMENTAL BUDGET TO USE: CB -CURRENT BUDGET VF:.:.....:....::.�. NAME ITEM # 99-18100 AMERICAN MUNICIPAL SERV I-2487 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME -------------- 001-00-4645 PAGE: 1 BANK: SB99 DESCRIPTION CHECK# AMOUNT MUNICIPAL SER WARRANT COLLECTION 000000 737.54 DEPARTMENT NON -DEPARTMENTAL TOTAL: 737.54 ------------------------------------------------------------------------------------------------------------------------------------ 7/25/2008 3:51 PM PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 15 ADMINISTRATION BUDGET TO USE: CB -CURRENT BUDGET VT 4 NAME ITEM # -------------------------- 99-18190 DEPARTMENT OF INFORMATI I-200807231055 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 2 BANK: SB99 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 001-15-5510 TELEPHONE SER LONG DISTANCE 000000 6.32 DEPARTMENT 15 ADMINISTRATION TOTAL: 6.32 7/25/2008 3:51 PM PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 18 ENGINEERING BUDGET TO USE: CB -CURRENT BUDGET VT NAME ITEM # 99-18190 DEPARTMENT OF INFORMATI I-200807231055 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME DESCRIPTION ---------------------------------------------- 001-18-5510 TELEPHONE SER LONG DISTANCE PAGE: 3 BANK: SB99 CHECK# 000000 AMOUNT 6.32 DEPARTMENT 18 ENGINEERING TOTAL: 6.32 7/25/2008 3:51 PM PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 20 POLICE BUDGET TO USE: CB -CURRENT BUDGET VF' NAME ITEM # 99-00650 CONTINENTAL RESEARCH CO I-294463-CRC-1 99-18190 DEPARTMENT OF INFORMATI I-200807231055 99-18670 CARROLL TREGO I-289838/289834 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 4 BANK: SB99 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 001-20-5325 R & M MOTOR V SPRAY ALL CLEANER 000000 92.87 001-20-5510 TELEPHONE SER LONG DISTANCE 000000 16.76 001-20-5325 R & M MOTOR V DIESEL & GAS ADDITIVES 000000 69.69 DEPARTMENT 20 POLICE TOTAL: 179.32 7/25/2008 3:51 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 5 PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND DEPARTMENT: 001 24 GENERAL FUND FIRE DEPARTMENT BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VF NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-18670 CARROLL TREGO I-289838::289834 001-24-5325 R & M MOTOR V DIESEL & GAS ADDITIVES 000000 36.34 DEPARTMENT 29 FIRE DEPARTMENT TOTAL: 36.39 7/25/2008 3:51 PM PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 25 AMBULANCE BUDGET TO USE: CB -CURRENT BUDGET VE-:..._......,, NAME ITEM # 99-18670 CARROLL TREGO I-289838::289834 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 6 BANK: SB99 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 001-25-5325 R & M MOTOR V DIESEL & GAS ADDITIVES 000000 36.34 DEPARTMENT 25 AMBULANCE TOTAL: 36.34 7/25/2008 3:51 PM PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 26 MUNICIPAL COURT BUDGET TO USE: CB -CURRENT BUDGET V7 NAME ITEM # ------------------------------ 99-18190 DEPARTMENT OF INFORMATI I-200807231055 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME DESCRIPTION 001-26-5510 TELEPHONE SER LONG DISTANCE DEPARTMENT 26 MUNICIPAL COURT PAGE: 7 BANK: SB99 CHECK# AMOUNT 000000 3.65 TOTAL: 3.65 7/25/2008 3:51 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 8 PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 28 ENFORCEMENT/INSPECTION BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET W NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-18190 DEPARTMENT OF INFORMATI I-200807231055 001-28-5510 TELEPHONE LONG DISTANCE 000000 4.15 DEPARTMENT 28 ENFORCEMENT/INSPECTION TOTAL: 4.15 7/25/2008 3:51 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 9 PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 30 STREETS BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET Vr''i NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-01240 INLAND TRUCK PARTS, INC I-18-13801 001-30-5325 R & M MOTOR V DOT INSPECTIONS 000000 62.00 99-01300 JAGOE-PUBLIC CO., INC. I-200807241056 001-30-5370 STREETS HAMC PICK UP 000000 1,011*52 I-200807241056 001-30-5370 STREETS RAMC PICK UP 000000 1,557.30 I-200807241056 001-30-5370 STREETS HAMC PICK UP 000000 475.02 I-200807241056 001-30-5370 STREETS HAMC PICK UP 000000 983.10 99-01570 LOG7E'S COMPANIES, INC. I-200807241057 001-30-5250 MINOR TOOLS 9PK RATCHET TIE DOG7N 000000 19.88 I-200807241057 001-30-5250 MINOR TOOLS TENSION BAR 000000 5.10 I-200807241057 001-30-5250 MINOR TOOLS TENSION BAND 000000 5.52 I-200807241057 001-30-5250 MINOR TOOLS ALUM FABRIC TIE CHAIN 000000 2.24 I-200807241057 001-30-5250 MINOR TOOLS CARRIAGE BOLT 5/16 X 1-1 000000 5.68 I-200807241057 001-30-5250 MINOR TOOLS SLEEVE 1 3/8 X6 000000 5.40 I-200807241057 001-30-5250 MINOR TOOLS 1 3/8 X 10' 6" 18 GA TOP 000000 56.35 I-200807241057 001-30-5250 MINOR TOOLS RAIL END 1 3/8 IN 000000 1.94 I-200807241057 001-30-5250 MINOR TOOLS BRACE RAIL BAND 2 3/8 000000 1.46 99-02140 RADIO SHACK , I-200807231053 001-30-5370 STREETS GORILLA TAPE 000000 5.99 99-03560 BRISCOE ALIGNMENT & TIR I-249148 001-30-5325 R & M MOTOR V 4 11R-22.5 TIRES 000000 1,462.00 99-18190 DEPARTMENT OF INFORMATI I-200807231055 001-30-5510 TELEPHONE SER LONG DISTANCE 000000 3.29 99-18670 CARROLL TREGO I-289838::289834 001-30-5325 R & M MOTOR V DIESEL & GAS ADDITIVES 000000 36.34 9" '330 EMBROIDED BLESSINGS, LL I-105 001-30-5255 WEARING APPAR 12 COS WORK CAPS 000000 96.00 DEPARTMENT 30 STREETS TOTAL: 51791.13 7/25/2008 3:51 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 32 PARKS BUDGET TO USE: CB -CURRENT BUDGET Vr.. '. NAME ITEM # G/L ACCOUNT NAME DESCRIPTION 99-00650 CONTINENTAL RESEARCH CO I-286957 & 286958 001-32-5223 CHEMICAL SUPP POWDER KEG I-286957 & 286958 001-32-5260 SAFETY EQUIPM HANDICAP STENCIL 99-18670 CARROLL TREGO I-289838::289834 001-32-5325 R & M MOTOR V DIESEL & GAS ADDITIVES DEPARTMENT 32 PARKS PAGE: 10 BANK: SB99 CHECK# AMOUNT 000000 309.00 000000 42.50 000000 36.34 TOTAL: 387.84 7/25/2008 3:51 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 11 PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 34 POOL BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VF........' NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-18190 DEPARTMENT OF INFORMATI I-200807231055 001-34-5510 TELEPHONE SER LONG DISTANCE 000000 0.51 DEPARTMENT 34 POOL TOTAL: 0.51 7/25/2008 3:51 PM PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 36 FLEET SERVICES BUDGET TO USE: CB -CURRENT BUDGET Vr NAME ITEM # ------------------------ 99-00790 COUNTY BUILDERS SUPPLY, I-200807251060 99-17020 COP STUFF I-08-5231 I-08-5231 99-18190 DEPARTMENT OF INFORMATI I-200807231055 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 12 BANK: SB99 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 001-36-5310 R & M BUILDIN WHEEL BARROW/TARPS/LEVEL 000000 199.22 001-36-5325 R & M MOTOR V AMBER WARNING BARS,LED 000000 879.50 001-36-5325 R & M MOTOR V SHIPPING 000000 31.60 001-36-5510 TELEPHONE SER LONG DISTANCE 000000 1.80 DEPARTMENT 36 FLEET SERVICES TOTAL: 11112.12 7/25/2008 3:51 PM PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 40 SULLIVAN CENTER BUDGET TO USE: CB -CURRENT BUDGET VT NAME ITEM # -------------------------------- REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 99-18190 DEPARTMENT OF INFORMATI I-200807231055 001-40-5510 PAGE: 13 DESCRIPTION CHECK# AMOUNT TELEPHONE SER LONG DISTANCE 000000 0.32 DEPARTMENT 90 SULLIVAN CENTER TOTAL: 0.32 7/25/2008 3:51 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 14 PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 001 GENERAL FUND DEPARTMENT: 42 LIBRARY BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VF NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-18190 DEPARTMENT OF INFORMATI I-200807231055 001-42-5510 TELEPHONE SER LONG DISTANCE 000000 2.64 DEPARTMENT 42 LIBRARY TOTAL: 2.64 VENDOR SET 001 GENERAL FUND TOTAL: 81304.54 7/25/2008 3:51 PM PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 15 ADMINISTRATION BUDGET TO USE: CB -CURRENT BUDGET VF NAME ITEM # -------------------------------- 99-18190 DEPARTMENT OF INFORMATI I-200807231055 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 15 BANK: SB99 G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 008-15-5510 TELEPHONE SER LONG DISTANCE 000000 6.32 DEPARTMENT 15 ADMINISTRATION TOTAL: 6.32 7/25/2008 3:51 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 16 PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT• 18 ENGINEERING BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VFNAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# 99-18190 DEPARTMENT OF INFORMATI I-200807231055 008-18-5510 TELEPHONE SER LONG DISTANCE 000000 DEPARTMENT 18 ENGINEERING TOTAL: AMOUNT 6.31 6.31 7/25/2008 3:51 PM PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 19 DATA PROCESSING BUDGET TO USE: CB -CURRENT BUDGET VF NAME ITEM # 99-08770 CPI OFFICE PRODUCTS I-200807251059 99-19260 TYLER TECHNOLOGIES I-200807231054 REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 17 BANK: SB99 G/L ACCOUNT NAME DESCRIPTION CHECK#4 008-19-5210 OFFICE SUPPLI PENS/PLANNER 000000 008-19-5235 DUES & REGIST ON LINE TRAINNING 000000 DEPARTMENT 19 DATA PROCESSING TOTAL: AMOUNT 45.96 1,415400 1,960.96 7/25/2008 3:51 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01662 CC PACKET 8/9/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND PAGE: 18 DEPARTMENT: 36 FLEET SERVICES BANK: SB99 BUDGET TO I USE: CB -CURRENT BUDGET Vi NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00790 COUNTY BUILDERS SUPPLY, I-200807251060 008-36-5310 R & M BUILDIN WHEEL BARROW/TARPS/LEVEL 000000 199.22 99-17020 COP STUFF I-08-5231 008-36-5325 R & M MOTOR V AMBER WARNING BARS,LED 000000 879.50 I-08-5231 008-36-5325 R & M MOTOR V SHIPPING 000000 31.60 99-18190 DEPARTMENT OF INFORMATI I-200807231055 008-36-5510 TELEPHONE SER LONG DISTANCE 000000 1.80 ----........... -------------------------- ------------------------------------------------------------------------------------------- DEPARTMENT 36 FLEET SERVICES TOTAL: 1/112912 7/25/2008 3:51 PM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 19 PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 50 WATER BANK: SB99 BUDGET TO USE: CB -CURRENT BUDGET VC..........' NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-00650 CONTINENTAL RESEARCH CO I-294463-CRC-1 008-50-5325 R & M MOTOR V SPRAY ALL CLEANER 000000 92.88 99-18670 CARROLL TREGO I-289838::289834 008-50-5325 R & M MOTOR V DIESEL & GAS ADDITIVES 000000 36.34 DEPARTMENT 50 WATER TOTAL: 129.22 7/25/2008 3:51 PM REGULAR DEPARTMENT PAYMENT REGISTER PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 54 WASTE WATER TREATMENT BUDGET TO USE: CB -CURRENT BUDGET PAGE: 20 BRNK: SB99 v NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT 99-18190 DEPARTMENT OF INFORMATI I-200807231055 008-54-5510 TELEPHONE SER LONG DISTANCE 000000 2.50 DEPARTMENT 59 6IASTE P7ATER TREATMENT TOTAL: 2.50 7/25/2008 3:51 PM PACKET: 01662 CC PACKET 8/4/08 VENDOR SET: 99 FUND 008 ENTERPRISE FUND DEPARTMENT: 58 ELECTRIC DEPARTMENT BUDGET TO USE: CB -CURRENT BUDGET V" 0 NAME ITEM # 99-02450 SOLOMON, CORP. I-179410 99-02690 TECHLINE, INC. I-200807241058 99-15600 US METERING & TECHNOLOG I-227034-00 I-230191-00 99-17020 COP STUFF I-08-5231 I-08-5231 99-18190 DEPARTMENT OF INFORMATI I-200807231055 99-18400 TECH SERV CONSULTING & I-20072092 99-18670 CARROLL TREGO I-289838::289834 REGULAR DEPARTMENT PAYMENT REGISTER G/L ACCOUNT NAME 008-58-5365 008-58-6020 008-58-5355 008-58-5355 008-58-5325 008-58-5325 008-58-5510 008-58-5420 008-58-5325 PAGE: 21 BANK: SB99 DESCRIPTION CHECK## AMOUNT TRANSFORMERS OIL TEST ON TRANSFORMERS 000000 lr300.00 IMPROVEMENTS 24 RED ELECTRIC PAINT 000000 92.40 METER MAINTEN GE 45 CLASS 200 DEMAND 000000 542.50 METER MAINTEN CLASS 200 GE165 DEMAND ME 000000 570.00 R & M MOTOR V AMBER WARNING BARS,LED 000000 3,464.00 R & M MOTOR V SHIPPING 000000 956.20 TELEPHONE SER LONG DISTANCE 000000 5.99 CONTRACTUAL S 2007 AUDIT POLE CONTRACTS 000000 15,851.48 R & M MOTOR V DIESEL & GAS ADDITIVES 000000 36.36 DEPARTMENT 58 ELECTRIC DEPARTMENT TOTAL: 22,818.93 VENDOR SET 008 ENTERPRISE FUND TOTAL: 25,536.36 REPORT GRAND TOTAL: 33,840,90 COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ® Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes ® Not Applicable ❑ Yes Z Not Applicable Council Meeting Date: August 4, 2008 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date j Z ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Approve Performance Appraisal System. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM STAFF OPTIONS & RECOMMENDATION Recommend approval. List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: City of Sanger Title: Number: Date: Administrative Procedure Performance Appraisal System HR-07-04 Purpose: The City of Sanger's most valuable asset is its employees. The City expects employees to operate at certain levels of proficiency in delivering services to our customers. Further, we encourage employees to go above and beyond the minimum levels expected and add value to the services we provide. The purpose of a merit based pay system is to encourage and reward employees who exceed the norm and excel in their performance. The purpose of the performance appraisal system is to document the employee's performance, clarify expectations of performance levels, suggest ways of improving performance and reward exemplary performance. Procedure: Performance Appraisal General Guidelines Scoring: Employees will be scored on their overall performance covering the entire appraisal period. However, specific examples of performance may be offered during the appraisal to clarify and support a given rating. Supervisors are expected to mentor and coach employees continually on their performance. Supervisors should acknowledge and encourage outstanding performance as well as work with employees to correct and improve poor performance. Identifying and correcting poor performance should occur immediately. Supervisors will rate employees from one to five on each area of performance based on the following criteria: 5 =Excellent —Employees performance continually exceeds expectations in this area. 4=Outstanding —Employees performance in this area frequently exceeds performance expectations and routine performance in this area is adequate. 3 =Good —Employees performance in this area occasionally exceeds expectations but is normally is satisfactory. 2= Fair —Employee's performance in this area is normally satisfactory but sometimes does not meet expectations. 1=Poor —Employee's performance in this area normally does not meet expectations. Particular attention should be paid to the criteria. The City of Sanger expects consistent, quality performance from its employees. Therefore, consistent, quality performance is the benchmark for good performance. Supervisors must be able to document how an employee's performance exceeds expectations when giving outstanding or excellent ratings. Supervisors must also be able to document performance that does not meet expectations and clearly state the level of performance expected. Employees who are performing poorly should already be aware of the issue. Nprlaqla Date Original Procedure Was Issued: City of Sanger Title: Number. Date: Administrative Procedure Performance Appraisal System HR-07-04 Explanation of Criteria: Following is an explanation of the scoring criteria used on the performance review. It is important that each supervisor understand the definition of each criteria to ensure consistency. Supervisors should review the criteria before each review to familiarize themselves with the definition of each criteria. Criteria Definitions Performs tasks with minimal supervision — Once an employee is assigned a task they know how to do, only minimal supervision should be required. Acceptable performance is an employee who consistently performs known tasks with little or no supervision. Exceptional performance is an employee who frequently performs complicated tasks without any supervision or input from the supervisor. Substandard performance is an employee that requires above normal supervision to ensure that tasks are completed or done accurately. demonstrates Excellent Customer Service —Excellent customer service is the standard. Excellent customer service is defined as courteous, professional, friendly and helpful. Exceptional performance in this would be an employee who consistently goes above and beyond to assist customers. Substandard performance in this area would be employees who are not consistently courteous, professional, friendly or helpful. Demonstrates required job skills and knowledge —Every job comes with a standard skill set and standard performance here is an employee who possesses the necessary knowledge and skills and applies those knowledge and skills consistently. Exceptional performance is an employee who posses and applies knowledge and skills beyond what is required for the position. Substandard performance is an employee that either does not possess all of the required knowledge and skills or does not apply them consistently. Demonstrates effective management and leadership skills -This criterion only applies to employees assigned to permanent supervisory posns. For other employees it should be left blank and not used in calculating the average score. Supervisors are expected to consistently manage and lead their work groups. Acceptable performance in this area is a supervisor who consistently manages and leads his or her workgroup in completing their objectives through teamwork. Exceptional performance in this area is a supervisor who leads his or her team to accomplish above and beyond what is expected and required. Substandard performance is a supervisor who does not consistently lead his or her team to successful completion of objectives and assigned work. Demonstrates Initiative and Self Starts Work —Standard Performance in this area is an employee who routinely self starts job tasks without being instructed to do so. Above standard performance is an employee who consistently seeks out work once the task at hand is complete. Substandard performance is an employee who must be told to complete routine tasks or told to go back to work after a break. Is Dependable —Dependability is more than attendance although attendance is a part of dependability. Dependability includes being there at critical times and putting the job first Page: Page 2 of S date Original Procedure Was Issued: City of Sanger Title: Number. Date: Administrative Procedure Performance Appraisal System HR-07-04 during a crisis. Dependability also includes showing up mentally as well as physically. Standard performance in this area includes showing up for work on time and mentally and physically prepared to begin work. Exceptional performance is the employee who is willing to set aside personal time to be available in a crisis. Substandard performance is an employee who is late for work or has checked out mentally or who does not respond to on -call requests. Takes Responsibility —Standard performance in this area is an employee who takes responsibility for seeing that his or her work is completed. It also means taking responsibility for mistakes when they occur. Above Standard performance in this area is an employee who seeks out new responsibilities over and above what is considered their normal scope of work. Substandard performance in this area is an employee who does not take responsibility for their own work or their mistakes. Recognizes Potential Problems and Develops Solutions -Standard performance in this area is an employee who recognizes a problem and develops a solution to solve the problem. Exceptional performance is an employee that can perceive a potential problem before it occurs and develops a solution to solve the problem before it occurs. Substandard performance is an employee who ignores a problem or is unable to recognize a problem. Works Well With Others and Helps Where Needed —Standard performance in this area is an employee who generally gets along with co-workers and operates in a team atmosphere. Above standard performance is an employee who actively fosters a team atmosphere and actively seeks to help others with their work. Substandard performance is an employee who does not want to help others or work as part of a team. Produces Quality Work —Quality work with minimal flaws or mistakes is the standard in this area. Exceptional performance is an employee whose work is almost always flawless and completed with the greatest of care and workmanship. Substandard performance is an employee whose work does not meet a standard of workmanship, contains frequent mistakes or is frequently flawed. Offers Constructive Suggestions or Creative Ideas —This differs from recognizing problems and developing solutions in that it focuses on new and innovative ways of doing business in areas where a problem does not exist. These suggestions would include process changes that make work more efficient. Standard performance in this area are employees who offer suggestions when prompted and participate in the change process. Exceptional performance in this area are employees who frequently offer suggestions and ideas and lead the change process. Substandard performance in this area are employee who do not offer suggestions or ideas or who actively resist change. Manages Time Effectively This is different from completing work on time and focuses on effective use of the employee's time. Standard performance is an employee who generally manages their time to ensure that high productivity is maintained. Exceptional performance in this area is an employee who consistently produces a greater volume of work by managing their time effectively. Substandard performance is an employee who manages their time inefficiently resulting in a lower than normal volume of work. Page: Page 3 of 5 bate Original Procedure Was Issued: City of Sanger Title: Number: Date: Administrative Procedure Performance Appraisal System HR-07-04 Communicate Well With Others — Standard performance is an employee who consistently communicates with their supervisor, co-workers and the public. Exceptional performance is an employee who initiates the communications process to address issues that arise or an employee who facilitates communication between others. Substandard performance is an employee who does not communicate well with others or does so in an unprofessional manner. Completes Work Assignments in a Timely Manner —Standard performance is an employee who consistently completes work assignments in a timely manner. Exceptional performance is an employee who frequently completes work assignments before the deadline or faster than normal. Substandard performance is an employee who is late in completing work assignments or is slower than normal in completing work assignments. Performance Appraisal Process and Timeline: All employees will receive a performance appraisal six months after being hired or promoted and then annually on their hire or promotion date. Human Resources will send a notice of review to the appropriate supervisor Sixty (60) days prior to an employee's anniversary date. Supervisors will complete the review form and forward to the City Manager in a sealed envelope for review prior to discussing it with the employee and at least thirty (30) days prior to the review deadline. After approval by the City Manager, supervisors will review the evaluation with the employee at least twenty (20) days prior to the review deadline. After review with the employee, supervisors will forward the completed and signed review to human resources for processing at least ten (10) days prior to the review deadline. Return to HR HR sends Notice to Dept. Head Dept head After CM completes approval for Processing Anniversary Date Employee may appeal their appraisal through the City's appeal process as outlined in the employee manual. Merit Pay Calculation: The City Manager will recommend the benchmark merit increase for the upcoming budget year during the budget cycle for approval by the Council. Once approved the benchmark will be used in calculating merit increases during the budget year, provided however, that merit increases may be suspended, delayed or eliminated due to budget reasons. Page: Page 4 of 5 bate Original Procedure Was Issued: City of Sanger Title: Number: Date: Administrative Procedure Performance Appraisal System I HR-OT04 Merit increases will be granted based on the following scale: A Rating below 2.5 No Merit Increase A Rating of 2.50 to 2.99 .5 X Benchmark A Rating of 3.00 to 3.49 1 X Benchmark A Rating of 3.50 to 3.99 1.25 X Benchmark A Rating of 4.00 & Up 1.5 X Benchmark Probationary Employees Probationary Emplayees will receive a performance appraisal after six months. The benchmark for Probationary employees will always be 4% regardless of what the annual benchmark is for that year. Department Appraisals Department heads may supplement this appraisal system with a department specific system. However, the supplemental system will not be used for calculating merit increases. Merit increases will be solely based on the City wide performance appraisal. Page: Page 5 of 5 Date Original Procedure Was Issued: COUNCIL AGENDA ITEM AGENDA TYPE ❑ Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes IN Not Applicable ❑ Yes M Not Applicable Council Meeting Date: August 4, 2008 Submitted By: Mike Brice City Manager Reviewed/Approval Initials - Date �I❑❑r' - 6 ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION N APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Approve New Pay Grade Schedule. FINANCIAL SUMMARY [']N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM STAFF OPTIONS & RECOMMENDATION Recommend approval. List of Supporting Documents/Exhibits Attached: Pay grade schedule. Prior Action/Review by Council, Boards, Commissions or Other Agencies: Sanger Pay Grade Schedule Grade Civilian Position Full Time Part Time Position Public Safety Position Low Range Mid Range High Range 3 Life Guard Pool Cashier Library Assistant (8.00 - 9.00) 5 $ 10.00 $ 11,50 $ 14,95 Utility Worker 1 (11,00 - 11.50) Grounds Maintenance (10) $ 20,800.00 $ 23,920.00 $ 31,096.00 Secretary/Clerk 1 (10.50) Pool Manager Custodian (10.50) Grounds Maintenance 1 (11.25 - 11.75) Customer Service Rep. (10.50) 7 Grounds Maintenance II (12,08) $ 10.50 $ 12.50 $ 16,25 Secretary II (12.00-13,25) $ 219840,00 $ 26,000,00 $ 33,800,00 Deputy Court Clerk (12.35) Firefighter/EMT I Plant Operator 1 (13,08) Police Receptionist Utility Worker 11 (13,00) Library Assistant (11.43) Electric Groundman 1(12.65) 9 Payroll & Accounting Tech. (15.18) $ 11,20 $ 14,00 $ 18,20 Accounts Payable Tech. (14.58) $ 23,296.00 $ 29,120,00 $ 37,856,00 Utility Billing Tech. (14.25) Firefighter/EMT II Warehouse Tech.(16,80) Heavy Equipment Operator (14.06) Animal Control officer (13.65) Mechanic 1 (15.23) 11 Mechanic II (17,13) Police Rookie (16.35) $ 12.80 $ 16,00 $ 20,80 Plant Operator 11 (19,47) $ 263624,00 $ 339260.00 $ 43,264.00 Administrative Assistant to the City Mgr. (15.00) Apprentice Lineman Class C (17.87) Firefighter/Paramedic (12.00) Public Works Foreman (15.51 - 16.68) 13 Lineman Class B Police Officer 1 (18.55) $ 14.40 $ 18,00 $ 23,40 Municipal court Clerk (18,34) $ 29,952.00 $ 37,440.00 $ 48,672.00 Central Garage Supervisor (17.13) Fire Lieutenant (11,47) 15 Journey Lineman Class A (21,96 - 23,80) $ 16.00 $ 20,00 $ 26,00 $ 33,280.00 $ 41,600.00 $ 54,080.00 Police Detective (21,20) Public Works Department Supervisor Police Officer II (21,20) (19.23-21.89 ) 17 Building Inspector (22,60) Police Sergeant (22.80) $ 17,60 $ 22,00 $ 28,60 Plant Operator 111 (24.26) $ 362608.00 $ 455760.00 $ 59,488.00 Planning Coordinator (24,98) Electric Supervisor (24.19) 19 PW Superintendant (27.78) $ 20,00 $ 25,00 $ 32.50 $ 41,600.00 $ 52,000.00 $ 67,600.00 Electric Superintendant (27,80) Grade Public Safety Position Low Range Mid Range High Range 3 5 $ 10.00 $ 11.50 $ 14.95 $ 20,800.00 $ 23,920.00 $ 31,096.00 7 $ 10.50 $ 12.50 $ 16.25 $ 21,840.00 $ 26,000,00 $ 33,800.00 Firefighter/EMT I 9 $ 11.20 $ 14.00 $ 18.20 $ 23,296,00 $ 29,120,00 $ 37,856,00 Firefighter/EMT II 11 Police Officer 1 (16,35) $ 12.80 $ 16.00 $ 20.80 $ 26,624,00 $ 33,280,00 $ 43,264,00 Firefighter/Paramedic (12.00) 13 Police Officer II (18,55) $ 14.40 $ 18.00 $ 23.40 $ 29*952,00 $ 37,440,00 $ 481672,00 Fire Lieutenant (11,47) 15 $ 16.00 $ 20.00 $ 26.00 $ 33,280.00 $ 41,600,00 $ 54,080,00 Police Detective (21.20) 17 Police Sergeant (22,80) $ 17.60 $ 22.00 $ 28.60 $ 36,608,00 $ 45,760.00 $ 59,488,00 19 $ 20.00 $ 25.00 $ 32.50 $ 41,600,00 $ 52,000,00 $ 67,600,00 Department Head Schedule Effective July 1, 2002 Grade Position Actual Low Midpoint High M10 M12 Librarian $ 49,562,76 M14 Fire Chief $ 50,003.20 $ 43,500,00 $ 510000,00 $ 65,000,00 Public Works Superintendant $ 57,782.00 $ 421000,00 $ 50,000,00 $ 64,000.00 M16 Police Chief $ 57,709,60 $ 46,000.00 $ 55,000,00 $ 70,000,00 Development Services Director $ 509000.00 $ 60,000.00 $ 75,000,00 City Secretary/Asst. City Manager $ 60,067,54 $ 48,000,00 $ 57,000,00 $ 72,000400 Electric Superintendant $ 57,824.00 $ 46,500,00 $ 54,000,00 $ 70,000,00 M18 City Engineer/Public Works Director $ 80,850,00 $ 643000,00 $ 77,500,00 $ 91,000.00 CITY UY SANGER COUNCIL AGENDA ITEM AGENDA TYPE ® Regular Special Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal Yes Not Applicable Lj Yes Ll Not Applicable Council Meeting Date. Submitted By: August 4, 2008 Rose Chavez City Manager Reviewed/Approval Initials Date 7_ 31 124 ACTION REQUESTED: ❑ORDINANCE ❑ RESOLUTION # ® APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION 1. Consider and Possible Action Appointing One Member to the Board of Managers of the Denco Area 944 District. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS []OPERATING EXPENSE ❑REVENUE ❑CI P []BUDGETED ❑NON -BUDGETED FISCAL YEAR, PRIOR YEAR CURRENT YEAR FUTURE YEAR(S) TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special $ BACKGROUND/SUMMARY OF ITEM Denco 944 District is requesting that each participating City vote for one of the candidates. Harlan Jefferson has served as a member on the Denco Area 94-1 District Board since November of 1998. The cities that nominated Mr. Jefferson were Corinth, Denton, Flower Mound, Justin, Lake Dallas, Little Elm and Lewisville. STAFF OPTIONS & RECOMMENDATION Recommends approval List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other Agencies: TO: FROM: DATE: RE: DENCO AREA 9-1-1 DISTRICT P.O. Box 293058, Lewisville, Texas 75029-3058 Phone/TTY: 972-221-0911 • FAX: 972-420-0709 • Web Page:ww.denco.org Denco Area 9-1-1 District Participating Jurisdictions Mike Pedigo, Executive Director July 165 2008 Appointment to the Denco Area 9-1-1 District Board of Managers On May I5, 2008, the Denco Area 9-1-1 District requested participating cities to nominate a representative to the district board of managers. The following nominations were received by the July 15, 2008 deadline: Nominee Drew Bradley Corn Harlan Jefferson City/Town Making Nomination Roanoke Corinth Denton Flower Mound Justin Lake Dallas Lewisville Little Elm The Denco Area 9-1-1 District requests that each participating city vote for one of the candidates and advise the district of its selection prior to 5 p.m. September 155 2008. Please send a copy of the resolution or minutes recording council action. Enclosed is a sample resolution you may wish to use and resumes for the candidates. Also enclosed is a copy of the resolution outlining board appointment procedures and a list of current board members. Please mail your response to Denco Area 9-1-1 District, P.O. Box 293058, Lewisville, TX 75029-3058 or fax it to 972-420-0709. You may also email your response to me at mpedigo(a6denco.org. Thank you for your assistance in this matter. Enclosures 1075 Princeton Street, Lewisville, Texas 75067 Council Resolution No. A RESOLUTION APPOINTING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT. WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within the District; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY /TOWN OF , TEXAS: The City /Town of Section 1 hereby votes for as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District. Section 2 That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the Mayor City /Town of ATTEST: APPROVED AS TO FORM: City /Town Secretary City /Town Attorney 2008. July 17, 2008 Honorable Mayor Joe Higgs City of Sanger P.O. Box 1729 Sanger, TX 76266 Re: Reappointment to the Denco Area 9-1-1 District Board of Managers Dear Mayor Higgs: I am seeking reappointment to the Denco Area 9-1-1 District Board of Managers as my term will expire September 30, 2008, and I am respectfully requesting the support of your municipality. I have served on Denco's Board of Managers since 1999 in the following leadership capacities: Vice Chairman - October 1999 to August 2000; Chairman - September 2000 to September 2002; and Secretary from October 2002 to present. I have attached a copy of my resume reflecting some of my professional accomplishments as well. During my current term, Denco has achieved many accomplishments of which I am proud to have been a part of and would like to share some of the major undertakings as well as future goals with you at this time. • Denco has continued to maintain the service fee rate of twenty-seven cents (5.27), set in 1988, and does not anticipate any increases in its five-year projections. • Denco has always been a leader in technology deployment in the 9-1-1 industry. As part of the FY 2009 Financial Plan, the board is planning: expansion of its telecommunicator training program in response to an overwhelming appeal from the staff at the eleven Public Safety Answering Points (PSAPs) it supports. $1,000,000 has been set aside for the potential purchase of the new facilities required for this expanded program; and r deployment of technology necessary to make the District Next Generation 9-1-1 (NG9-1- 1) ready within the next 24 months. I believe Denco has set a very high standard of excellence for 9-1-1 services, and I would like to continue devoting my time and efforts serving you as a member of the Denco 9-1-1 District Board of Managers. I would appreciate your support and the vote of your municipal leaders. ctfully Harlan' Jef;�'�'on 2100 S �e rush Drive Flower Mound, TX 75028 8316 Vine Wood Drive North Richland Hills, Texas 76180 81 [/428-4394 drewcom@sbcglobal. net Public Management Budget Planning Resource Allocation Process Analysis Proven problem solver applying innovative and collaborative approaches based on open communication with and an active understanding of all stakeholders affected. Core Competencies • Trend Analysis and Projections Process Mapping and Analysis Public Presentations • Organizational Analysis Collaborative Decision Making Strategic Planning Professional Experience Town of Northlake, Northlake, TX October 2007 to Present Town Administrator Oversee the day-to-day operations of the Town of Northlake including a seven position police department, municipal court, public works department with water and sewer CCNs. Report directly to Town Council on all Town matters including operating budget, capital projects, and personnel. Liaise with the 4A and 4B Economic Development Corporation (EDC) boards and serve as Town's economic development officer. Accomplishments: o Successfully negotiated afour-party regional sewer system financing agreement and two ancillary developer agreements for mixed -use master -planned communities of approximately 3500 and 1800 lots o Started update of the comprehensive land use and thoroughfare plan involving Town Council, both EDC boards, Town staff and consultants, neighboring communities, and a fifteen -member steering committee representing various interests and perspectives of the community o Upgraded telephone system to voice -over -Internet -protocol ensuring future expansion capability o Restarted road improvement program and initiated heightened road maintenance standards City of North Richland Hills, North Richland Hills, TX January 2005 to September 2007 Director, Budget and Research Department Prepare, develop and monitor $80 million annual operating and $235 million multi -year capital budget through coordination with 17 departments. Oversee internal audit, responsibility for bringing proposed budget to Council, present proposed budget to Council, determine and prepare all required advertisements and public notices Accomplishments: o Accurately projected loss in sales tax and implemented a contingency plan to reduce expenditures by comparable amount allowing budget to remain balanced in the General Fund and 4B Sales Tax Fund o Developed a capital projects management report that allows city management to review all ongoing projects in a timely and efficient manner o Implemented a system of printing direct to portable document format (or PDF) significantly reducing time budget document can be posted to website City of Dallas, Dallas, TX July 1994 to December 2004 Financial Services Manager, Office of Financial Services Analyze condition of City self-insurance fund, develop options for health plan cost savings and changes in employee and City contributions. Present options to city management and prepare presentations to employees explaining changes to the health plan. Prepare detailed analysis of self-insurance fund projections for review by city management. Meet with health care consultants and actuaries to develop analysis Accomplishments: o Prepared and coordinated over 20 presentations to employees made by City Manager on status of health plan and changes necessary for the plan's continued solvency o Accurately projected health plan deficit and recommended necessary transfer HARLAN L. JEFFERSON 2100 Sagebrush Drive Flower Mound, TX 75028 EDUCATION/CERTIFICATION Masters of Puc Administration, University of North Texas, Denton, 1987 Bachelor of Arts, Political Science, University of North Texas, Denton, 1983 Certified Government Finance Officer, Government Finance Officers Association of Texas Certified Municipal Finance Administrator, Municipal Treasurers' Association of the United States and Canada. WORK -RELATED EXPERIENCE Town Manager (April 2006 to present) Town Managers Office, Town of Flower Mound, Texas Responsibilities. Administration and management of the daily operations of the Town's departments; communicate and accomplish Town Council policies and initiatives; keep citizens informed and promote awareness of Town services, projects, and community activities. Deputy Town Manager/Chief Financial Officer (October 2000 to April 2006) Financial Services Department; Internal Services Department, Town of Flower Mound, Texas Responsibilities: Administration of all financial functions including, but not limited to Budget, Cash Management, Debt Management, Accounting, Tax Collection, Payroll, Utility Billing, Municipal Court, and Internal Services, comprised of Purchasing, Facilities Management, Information Technology and Fleet Management. Director of Finance/Town Treasurer/Chief Financial Officer (June 1997 to October 2000) Finance Department, Town of Flower Mound, Texas Responsibilities: Administration of all financial functions including, but not limited to Budget, Cash Management, Debt Management, Accounting, Purchasing, Tax Collection, Payroll and Utility Billing. Director of Fiscal Operations (November 1994 to June 19971 Finance Department, City of Denton, Texas Responsibilities: Collecting, monitoring and investing the revenue of the City of Denton. Directing all aspects of a $100+ million investment portfolio (i.e., depository bank contract, arbitrage tracking, investment purchases and Investment Committee support) supervision of the Municipal Court, Customer Service and Treasury Division of the City. Also, responsible for Risk Management (i.e., Health and Liability Insurance), Debt Management and Motor Pool activities. Director of Treasury Operations (January 1992 to November 1994) Finance Department, City of Denton, Texas Responsibilities: Management of all collection, monitoring and investing of City funds. Supervision of Tax, Municipal Court, Customer Service and Treasury Divisions. Also responsible for Motor Pool activities. Treasurer (April 1990 to January 1992) Finance Department, City of Denton, Texas Responsibilities: Management of all aspects of the investment portfolio. Supervision of Tax Division, Municipal Court and Treasury Divisions. Assistant to the City Manager (October 1989 to April 1990) City Manager's Office, City of Jackson, Michigan Responsibilities: Providing administrative support and leadership in the area of budget development and monitoring. Identifying and reviewing policy issues and making recommendations for City Manager and Council consideration. Direct and perform special projects for manager, such as assisting in bond issue campaign and financing strategy development, evaluation of Jackson County Solid Waste Management Plan, heading task force to develop water main replacement criteria and implementation of the new commercial driver's license, etc. Serving as staff person to the Human Relations Commission and as a member of each of the City Council's goals committees. Risk Manager (October 1986 to October 1989) Finance Department, City of Denton, Texas Responsibilities: Establishing a system to promote the safety of City employees and to protect City resources and facilities from unexpected losses. Identifying and reviewing policy issues and making recommendations for management and Council consideration. Development of a Risk and Safety Manual, Hazard Communication Manual, and the implementation of a self- insurance program which saved approximately $500,000 annually. Special projects included writing an Investment Policy, researching health insurance alternatives, and making presentations to citizen groups and professional organizations. Also, served as the Budget Analyst for the Police and Fire Departments. Administrative Assistant (May 1985 to October 1986) Finance Department, City of Denton Responsibilities: Evaluating finance policies and procedures, recommending warranted modifications, producing revenue and expenditure long-range forecasts, and a variety of special projects as assigned by the Finance Director. Assisted in the coordination of the City's operating budget, and developed strategies for the City to obtain the Government Finance Officers Association's Distinguished Budget Award. Special projects included strategies to save an insolvent Motor Pool Fund and preparation of bond program presentations material for rating agencies. TRAINING AND PROFESSIONAL SEMINARS Main Event Management Model-Netics Training (Management Concepts) Certified Model-Netics Instructor Managing Management Time Leadership Effectiveness Training Toastmasters International (speech organization) Flower Mound Leadership Academy Jackson Leadership Academy National Forum for Black Public Administrators' Executive Leadership Institute Covey Leadership Center's Seven Habits of Highly Effective People COMMUNITY INVOLVEMENT AND AFFILIATIONS DENCO 911 Board Member, 1 998-Present United Way of Denton County, Campaign Chairman, 1996 Denton Public Schools Foundation Board of Directors, 1995-June 1997 Kiwanis Member Texas City Management Association International City Management Association National Forum for Black Public Administration Government Finance Officers Association of the United States and Canada Government Finance Officers Association of Texas SUMMARY OF ACCOMPLISHMENTS Over twenty-five years of diverse local government and supervisory experience. Demonstrated ability to pioneer innovative initiatives and actualize organizational objectives such as: Design of western pump station to provide water to western Flower Mound Design of Denton Creek Wastewater System to serve Flower Mound, Argyle and Northlake Creation of a Transportation Commission for traffic management and project prioritization Construction and completion of numerous roadway projects Streamlining of detention and floodplain process to preserve goals of existing regulations - Proactive initiatives creating vibrant, sustainable neighborhoods Implementation of a proactive code enforcement program Development of a $6 million self-insurance fund Cultivation of a $7 million vehicle and equipment internal financing program Establishment of a Municipal Court of Record and Teen Court Obtainment of the MTA of US&C's Certificate of Excellence Award for investment policies and superior debt management program HARLAN JEFFERSON Town Manager Town of Flower Mound, Texas In April 2006, Mr. Jefferson was selected by the Town Council to serve as the Town Manager for the Town of Flower Mound C'Town'He began his employment with the Town in 1997 and has over 24 years of governmental experience. He is a Certified Government Finance Officer and a Certified Municipal Finance Administrator, His Town Manager responsibilities include the administration and management of the daily operations of the Town's departments, to communicate and accomplish Town Council policies and initiatives; and keep citizens informed and promote awareness of Town services, projects, and community activities. Prior to the Council's decision in April 2006, Mr. Jefferson had served as the Deputy Town Manager/Chief Financial Officer for the Town since October 2000. His responsibilities as Deputy Town Manager/Chief Financial Officer included directing, planning and overseeing several municipal operations which include Accounting Services, Budget Services, Facilities Management, Information Technology, Fleet Services, Franchises, Investments, Municipal Court, Payroll, Purchasing and General Services, Tax, Treasury Operations, Utility Billing, and Meter Services. Under his direction, the Town of Flower Mound has continued to receive the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting, the Distinguished Budget Presentation Award, the Certificate of Excellence Award from the Municipal Treasurer's Association of the United States and Canada, and the Achievement of Excellence in Procurement Award. The Town of Flower Mound was one of only 48 organizations to have received these awards at least three times. Mr. Jefferson is an active member of the National Forum for Black Public Administrators, Government Finance Officers Association, Government Treasurer's Organization of Texas and Municipal Treasurer's Association of the United States and Canada, and serves on the Board of Directors for the Denco Area 9-14 District (Denco). Denco was the first 9-1-1 district to develop an enhanced 9-14 service for mobile phones, which can locate cellular phone users who are unable to give their location. This service has already saved lives in the county. Mr. Jefferson has also been a speaker at the Southwest School of Governmental Finance, the GFOAT Fall Conference and has participated in the Investment Training in Accordance with the Public Funds Investment Act and written various articles relating to finance. Mr. Jefferson earned a Masters of Public Administration (1987) and a Bachelor of Arts, Political Science (1983) from the University of North Texas. In March of 2003, Mr. Jefferson was recognized as the outstanding Masters of Public Administration Alumnus for 2003 by the University of North Texas' faculty. Along with his wife Vickie, and his daughters Taylor and Peyton, Mr. Jefferson currently resides in Flower Mound. Originally hailing from the Houston area, he came to the Town from the City of Denton where he served as the Director of Fiscal Operations. DENCO AREA 9-1-1 DISTRICT RESOLUTION DEFINING PROCEDURE FOR APPOINTMENT OF PARTICIPATING MUNICIPALITIES' REPRESENTATIVE TO THE DISTRICT BOARD OF MANAGERS. WHEREAS, Chapter 1 14, Texas Health and Safety Code provides for the Denco Area 9-1-1 District Board of Managers to have "two members appointed jointly by all the participating municipalities located in whole or part of the district."; and WHEREAS, each member serves a term of two years beginning on October 151 of the year member is appointed; and WHEREAS, one member representing participating municipalities is appointed each year. NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF MANAGERS: The procedure for participating municipalities to appoint a representative to the Denco Area 9-1-1 District Board of Managers shall be the following: 1 2. 4. Prior to May 15`h of each year, the executive director shall send a written notice to the mayor of each participating municipality advising that nominations are open for one of the municipal representatives to the Denco Area 9-1-1 District Board of Managers until July 15`h of that same year. The notice shall advise the mayors that, for a nomination to be considered, written notification of council action must be received at the Denco office prior to 5:00 p.m. on July 15`h of that year. No nominations shall be considered after that time. On July 161h of each year, the executive director shall send written notice to the mayor of each participating municipality providing the slate of nominees to be considered for appointment to the Denco Area 9-1-1 District Board of Managers for the term beginning October 1s`. The notice shall advise the mayor that the city council shall vote, by resolution from such city, for one of the nominees. Written notice of the council's selection must be received at the district office by 5:00 p.m. on September 15`h. No notice will be accepted after that time. The one nominee with the most votes received by the deadline will be the municipality representative appointed for the two-year term beginning October 151 If there is a tie between two candidates with the most votes, a runoff election will be held immediately with the candidate receiving the most votes serving the remainder of the term. The incumbent representative shall serve in that positiorAuntil replaced. APPROVED and ADOPTED on this 4eh day of Februa of Managers Secretary, Board of"Managers Denco Area 9=1=1 District Board of Managers FY2008 Jack Miller, Chairman • Appointed by Denton County Commissioners Court • Member since October 2000 • Term expires September 2008 • Former mayor and council member of Denton • Self-employed as a human resource manager Mayor Olive Stephens, Vice Chair • Appointed by member cities in Denton County • Member since 1987 • Term expires September 2009 • Mayor, Town of Shady Shores Chief Lonnie Tatum, Secretary ■ Appointed by Denton County Fire Chief's Association ■ Member since May 2004 ■ Term expires September 2009 ■ Fire Chief, City of Highland Village Harlan Jefferson • Appointed by member cities in Denton County • Member since November 1998 • Term expires September 2008 • Town Manager, Town of Flower Mound Bill Lawrence • Appointed by Denton County Commissioners Court • Member since October 2006 • Term expires September 2008 • Former Mayor of Highland Village • Businessman, Highland Village Keith Stephens ■ Non -voting member appointed by largest telephone company (Verizon) ■ Member since 2004 ■ Serves until replaced by telephone company ■ Manager, Region Network Reliability, Verizon All voting members serve two-year terms and are eligible for re -appointment. S:�Admin�Board of Managers�Board of Managers General Information�Denco Board Roster FY2008.doc geh EXA5 COUNCIL AGENDA ITEM AGENDA TYPE N Regular ❑ Special ❑ Consent Reviewed by Finance ❑ Workshop ❑ Executive ❑ Public Hearing Reviewed by Legal ❑ Yes Not Applicable ❑ Yes Not Applicable Council Meeting Date: August 4, 2008 Submitted By: Mike Brice City Manager Reviewed/Approval Initials Date 7_ y a ACTION REQUESTED: ❑ORDINANCE # ❑ RESOLUTION APPROVAL ❑ CHANGE ORDER ❑ AGREEMENT ❑ APPROVAL OF BID ❑ AWARD OF CONTRACT ❑ CONSENSUS ❑ OTHER AGENDA CAPTION Consider and Possible Action on Approving City Manager's Employment Contract. FINANCIAL SUMMARY ❑N/A ❑GRANT FUNDS ❑OPERATING EXPENSE [:]REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED FISCAL YEAR: PRIOR YEAR CURRENT YEAR FUTURE YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM STAFF OPTIONS & RECOMMENDATION Recommend approval. List of Supporting Documents/Exhibits Attached: Contract Prior Action/Review by Council, Boards, Commissions or Other Agencies: EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SANGER AND MICHAEL BRICE FOR THE POSITION OF CITY MANAGER STATE OF TEXAS COUNTY OF DENTON CITY OF SANGER KNOW ALL PERSONS BY THESE PRESENTS: THIS AGREEMENT is made and entered into this 4"' day August 2008, by and between the City of Sanger, Texas, a home rule municipal corporation, hereinafter called "Employer" and Michael Brice, hereinafter called "Employee" both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said Michael Brice as City Manager of the City of Sanger, as provided by Article IV, Section 4.01 of the City Charter, and WHEREAS, it is the desire of the governing body, hereinafter called "City Council" to provide certain benefits to establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, Employee desires employment as City Manager of said City of Sanger; and WHEREAS, the parties acknowledge that Employee is, or will become a member of the International City/County Management Association (ICMA), and the Texas City Management Association (TCMA) and that Employee is subject to the Code of Ethics of these organizations. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1-Dut0es Employer hereby agrees to employ said Michael Brice as Employee of said Employer to perform the functions and duties specified in said Article IV, Section 4.01 for City manager of the Sanger City Charter and applicable provisions of the City Code and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Section 2 -Term A. Employee agrees to remain in the exclusive employ of Employer during the term of this agreement, and agrees not to become employed by any other employer until said termination as hereinafter provided, except as provided in Section 9 of this agreement. B. In the event written notice is not given by either party to this agreement to the other thirty (30) days prior to the termination as hereinafter provided, this agreement shall be extended on the same terms and conditions as herein provided, annually, without further action. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this agreement. D. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from this position with Employer, subject only to the provisions set forth in Section 4 of this agreement. Section 3 -Termination and Relocation Expenses A. In the event Employee is terminated by the City Council during the term of this agreement and during such time that Employee is willing and able to perform the duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to 180 days of his then aggregate salary and benefits as compensation for the expense of his relocation described as follows: Employee shall also be compensated for earned sick leave, vacation, holidays and other accrued benefits to date, pursuant to the City of Sanger employee manual. In the event Employee is terminated because of conviction of a felony or crime of moral turpitude, then, in that event, Employer shall be obligated to pay for all accrued benefits herein above described, but shall only be obligated to pay salary up to and including the date of termination. B. In the event Employer at any time during the term of this agreement reduces the salary, compensation, or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction of all employees of Employer, or in the event Employer refuses, Following written notice, to comply with any other provisions benefitting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the City Council that he resigns, or the Employer declines to renew the Employee's contract then, in that event Employee may, at his option, be deemed "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein relocation expense provision. Section 4 -Resignation In the event Employee voluntarily resigns his position with Employer during the term of this agreement, then Employee shall give Employer 30 days notice in advance, unless the parties agree otherwise in writing. In this event, the relocation expense provisions of Section 3 will not apply. Section 5 -Disability If Employee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave and leave available under the Family Medical Leave Act, if any, Employer shall have the option to terminate this agreement, subject to the relocation expense requirements of Section 3, Paragraph A. Section 6 - Salary Employer agrees to pay Employee for his services rendered pursuant hereto, an annual base salary of $95,400.00 payable in installments at the same time as other managerial employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or benefits of Employee in such amounts and to such extent as the City Council may determine that is desirable to do so on the basis of annual salary review as a part of the annual performance evaluation process and at any other time the City Council deems appropriate. Section 7 -Performance Evaluation A. The City Council shall review and evaluate the performance of the Employee following the sixth month of employment and at least once annually thereafter. Such review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee, and in accordance to the provisions of the Sanger City Code and Personnel Policies. Said criteria may be added to or deleted from as the City Council from time to time determine, in consultation with the Employee. Further, the Mayor of the City of Sanger shall provide the employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for the Employee to discuss his evaluation with the City Council. B. Annually, the City Council and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the City of Sanger and in the attainment of the City Council's policy objectives and shall further establish a relative priority among those generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this section, the City Council and Employee mutually agree to abide by the provisions of applicable law. Section 8 -Work Hours It is recognized that Employee must devote a great deal of time outside the normal office hours to the business of the Employer, and to that end, Employee will be allowed to take time off as he shall deem appropriate during said normal office hours. Section 9 -Outside Activities Employee shall not spend more than 10 hours per week in teaching, consulting or other non Employer connected business without the prior approval of the City Council. Employee's outside activities shall not interfere or conflict with any duties or responsibilities required under this agreement including the number of hours. Section 10 -Automobile and Cell Phone Expenses Employee's duties will require that he uses his personally owned vehicle for Employer business. Employer has recognized this by agreeing to pay to Employee $500.00 per month to reimburse Employee for the business use of his vehicle. Employee shall be responsible for paying for liability, property damage, comprehensive insurance and for the purchase, operation, maintenance, repair and regular replacement of said automobile. Employer will also reimburse Employee for business use of his personal cell phone by paying $50.00 per month to Employee. Section 11 - Vacation, Sick and Military Leave A. Employee shall accrue sick leave to his personal account at the same rate as other general employees of the Employer. Said vacation and sick leave shall be subject to provisions as outlined in Section 3 of this agreement, upon termination of Employee. In addition, if Employee voluntarily resigns as described in Section 4 of this agreement, Employer agrees to compensate Employee for all accrued vacation and sick leave up to and including the final date of employment. Employer agrees to credit Employee with 10 hours of vacation leave per month. B. Employee shall be entitled to military reserve pursuant to Federal or State law and City of Sanger policies. Section 12 -Health and Life Insurance Employer agrees to provide hospitalization, surgical and comprehensive medical insurance and life insurance for the Employee equal to that provided to all other employees of the City and to pay the premiums thereon on the same basis as for other employees of the Employer. Section 13 -Retirement Employer shall provide and pay for Employee's participation in the retirement plan of the Texas Municipal Retirement System in a manner and rate consistent with all other employees of the City of Sanger. In addition, Employer shall agree to execute all necessary agreements provided by ICMA for Employer's continued participation in said ICMA deferred compensation plan and to transfer ownership to succeeding employers upon Employee's resignation or termination. Section 14 -Dues and Subscriptions Employer agrees to budget and pay for professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement and for the good of the Employer. Said dues and subscriptions shall include but not be limited to, Texas City Management Association, International City/County Management Association and their regional and local affiliate organizations. Section 15 -Professional Development A. Employer hereby agrees to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue professional development of Employee and to adequately pursue necessary official functions for Employer, including but not limited to the TCMA annual conference, the National League of Cities, the Texas Municipal League and such other national, regional, state and local government groups and committees thereof which the Employee serves as a member. Participation in said professional development activities shall be considered a part of the Employee's work related duties and Employee shall not be required to use accrued leave for such participation. B. Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. Section 16 -Civic Club Membership Employer recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of a local civic club of his choice, for which Employer shall pay all expenses. Employee shall report to the Employer on each membership that he has taken out at an Employer's expense. Section 17 -Indemnification To the extent permitted by law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise arising out of an alleged act or omission occurring in the good faith performance of Employee's duties as Employee, unless arising from Employee's willful misconduct or intentional tort. Employer will compromise and settle any claim or suit and pay the amount of any settlement or judgement rendered thereon, provided however, that any settlement shall be subject to the review and approval by Employee. Section 18 -Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under law or ordinance by virtue of his employment. Section 19 -Residency Employee will be expected to relocate to a place of residence within the corporate limits of Sanger within a reasonable period of time after employment and should continue to reside in the City during his employment with the City. In consideration of the expense associated with this relocation, the City will pay the Employee the amount of $3,000.00 for the costs of moving the Employee's family and personal possessions to Sanger. Section 20 -Other Terms and Conditions of Employment A. The City Council, in consultation with the Employee, shall fix any such other terms and conditions of employment as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent or in conflict with the provision of this agreement, the Charter, Texas Local Government Code or other applicable law. B. All provisions of the City of Sanger Code of Ordinances, and regulations and rules of the Employer relating to vacation and sick leaves and retirement and pension system contributions, holidays, and other benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as provided herein. Section 2 1 - IN Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows. (1) EMPLOYER: (2) EMPLOYEE: Joe Higgs Mayor City of Sanger P.O. Box 1729 Sanger, Texas 76266 Michael Brice 814 N. Tej as Drive Sanger, Texas 76266 Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 22 -General Provisions A. The text herein shall constitute the entire agreement between the parties and shall supersede all prior written or oral agreements between the parties with respect to the subject matter hereof B. This agreement shall be binding upon and inure to the benefit of heirs at law and executors of Employee. This agreement is not assignable. C. This agreement shall become effective commencing August 4, 2008. D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. E. This agreement may only be amended by a written instrument by both parties IN WITNESS WHEREOF, the City of Sanger, Texas, has caused this agreement to be signed and executed in its behalf by it's Mayor, Joe Higgs, and duly attested by it's City Secretary and the Employee has signed and executed this agreement, both in duplicate, the day and year first written above. ATTEST: Rosalie Chavez, City Secretary Joe Higgs, Mayor Michael Brice, Employee REGIONAL WATER DISTRICT July 15, 2008 Mr. Mike Brice, City Manager City of Sanger P. O. Box 1729 Sanger, Texas 76266 P.O. Drawer 805 •Lewisville, TX 75067 (972) 219-1228 Fax: (972) 221-9896 Re: Updated Estimates of Fees, Rates and Charges for FY 2009 Dear Mr �ic�: It is quite evident that the marketplace for commodities and services upon which water utilities depend is very volatile right now. On July 10, the Board of Directors reviewed the latest cost data and discussed budget strategies to assure reliability of District regional programs. Recent cost increases by our suppliers are directly affecting the cost of treated water; and, the Board of Directors asked me to forward updated information to you for budget purposes. • Cost of Raw Water. Recently the City of Dallas advised us that they plan to increase the price of water that they sell to the District by about 20%. This is 15% more than expected. • Cost of Electricity. The price of electricity is trending 10 to 12% higher, some 2 to 4% more than we expected. • Cost of Treatment Chemicals. The water treatment process requires a variety of chemicals, some are in scarce supply; and, the prices have increased nearly 50%, much more than the 8% allowance included in earlier estimates. In mid June, we distributed preliminary estimates of fees and charges for the upcoming budget year. But, costs have quickly changed. Market conditions are quite unstable right now, and the economy is a little wobbly; so, one can expect that costs may change further before budgets are finally adopted by early Fall. Nonetheless, we want you to have the best estimates we can provide for budget purposes at this time. Following are updated estimates of fees and charges for District services. Some of these items may not be applicable for your budget; but, they do help define the circumstances at both the wholesale and retail levels for local water utility services. This updated information supplements the estimates of fees and charges provided by letter dated June 12, 2008. 71t=MW Administrative Fee. Based on official population estimates recently published by NCTCOG, the applicable Administrative Fee for next year is projected to be $2,140.00 for your participation in the District. Mr. Mike Brice Letter = City of Sanger Ref: Updated Estimates of Fees and Charges for FY 2009 July 15, 2008 Page 2 of 2 Charges For Treated Water. The Volume Charge for treated water service is currently projected to be $0.85 per 1000 gallons. This additional $0.08 increase is a direct result of the large increases in the cost of raw water, chemicals and electricity. The estimated Demand Charge outlined in the June letter is still current. The increased Volume Charge will affect the overall cost of treated water service by 2%. Including the Demand Charge, the combined effect will be an approximate 7% increase in the wholesale cost of treated water, up from the 5% increase we had earlier projected - - before the latest cost increases were announced by our suppliers. • Wastewater Services. Except for the cost of electricity and fuel, these new cost increases by suppliers will have little effect on wastewater service. For the Lakeview Regional Water Reclamation System, the Volume Charge is estimated to increase an additional $0.02 to $1.53/1000 gallons. The prior estimates of fees and charges for the Northeast Regional Water Reclamation System remain valid. For other fees and charges please refer to the mid June estimates previously provided. If we learn of any further signc anges, we wl let yo ificant u know - - as soon as we know. Contingency Comment. Throughout the economy, conditions are volatile and changes seem to occur almost daily. Considering these unusual circumstances, you may want to consider a reasonable contingency in your water utility budget (such as 2 to 4%) for other costs that may affect water utility operations - - costs which cannot be foreseen at this time. Such unforeseen costs could be in the District's wholesale services, or could be in the retail portion of the service provided to your customers. We will endeavor to keep you informed about any changes we see that could affect the services provided by Upper Trinity, you regional water utility. Please call me or Bill Greenleaf if you have any questions. Sincerely, homas E. Taylor Executive Director TET/WAG/JLM/feo c: Robert Woods, Board Member William A. Greenleaf, Director of Business Services ■ r jn e o M x m o rI END ANNEXATION AT ` z y o v In O ff° I TXDOT STA. 226+04.43 n � u P -m1 Mto0 -i L17 z (am{�y b fn >L32 i ZOm T r om mvN 70o O O�mC x� ro tool pox m`rrj mzomm o m o�z< T z� A Otiam BURKE ST. LitIon In W<AZ ro zm 0 pp W 3YZ;Q m �Vss�O b m EIELDLARK LN, r ioo_n g - Lf�Dj m iz �j 0 KILOEE TRAIL >5p2 3 mo a m �a N r 3 c�8m CD rn 1'1 gmG) yz CAC LL 0 00 Dr,n z ° X W © onto Z p0 � t • Ut 0"" M to to . 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VISION Is s > mz�Mai f(.0p.�z�oWmz�oNpyNp�yJNmz�neµµ oomS m SAM BASS RD. 04NC "y VCpwV 001NoCNAWA,,o an NA W WpW ANaWWWDOOAPA Wm�jnAm ANC m rX mm? m m 'mm m m^; "N£m i r Na 3� m m �Z _ �-1 no noNNawu�W'm�10 ZK m m M W ep 0 v y 'J N W s N on O W ci W J M M O 8 A A r N yy m �j c y d1.:n 0o z 0 tii k 0 i+ 1. to 1 1r ulz b o c w m :a�q or*'I ' 1n; O y .-to w Cm to • ,;; pZ E tb ,�A;,� It A Z 0o a c n � J North Central Texas Council Of Governments TO: Honorable Mayors and County Judges DATE: July 11, 2008 City Managers, County Commissioners and Administrators Regional Transportation Council Surface Transportation Technical Committee Special Districts FROM: Michael Morris, P.E. Director of Transportation SUBJECT: North Central Texas Council of Governments Clean Fleet Vehicle Policy and Model Ordinance The North Central Texas Council of Governments (NCTCOG) again wishes to invite your entity to consider adoption of the Regional Transportation Council (RTC) Clean Fleet Vehicle Policy, The Clean Fleet Vehicle Policy and Model Ordinance were approved by the RTC on October 13, 2005, as one strategy to improve air quality in the Dallas -Fort Worth ozone nonattainment area. RTC also recommended that all public sector entities in the nine nonattainment counties adopt the policy and incorporate its provisions for their own fleets. Adoption of this policy is voluntary; however, the RTC has reserved future vehicle funding opportunities for entities which have adopted this policy. RTC also reserved the right to consider adoption and/or compliance when considering other funding requests. , To date, 75 entities have adopted the Clean Fleet Vehicle Policy, and NCTCOG staff continues to promote the model ordinance across the region. This comprehensive plan covers ways fleets can positively impact air quality through vehicle acquisitions, maintenance, operations, and includes reporting provisions for verification. Many fleets in the region have already incorporated several of the practices contained in the model ordinance into their daily fleet management, as these elements often improve fleet fuel efficiency and performance. In these cases, policy adoption may enhance existing practices. Information on the model ordinance, clean vehicle technologies, best practices, and annual documentation may be found online at www.nctcog.org/fleetpolicy. Adoption of the policy _entitles each entity to compete for vehicle funding made available through the RTC, access to shared knowledge across the region, and fleet recognition. In addition, fleet information gained through the annual reporting process enables NCTCOG staff to provide specific assistance to entities interested in pursuing additional funding opportunities, such as grants from the Texas Emissions Reduction Plan, by facilitating in-depth analysis of each adopting entity's fleet characteristics and needs. Such data also enhances staff's ability to provide other fleet assistance as requested and will aid in identifying appropriate focus areas for future RTC funding assistance. A copy of the signed RTC Clean Fleet Vehicle Policy Resolution and Model Ordinance is enclosed for your review and consideration. Due to the diversity of public sector fleets, the RTC encourages government entities to integrate the Clean Fleet Vehicle Model Ordinance, as appropriate, into their specific circumstances. Please review the Model Ordinance and coordinate any requested changes to the ordinance with NCTCOG staff prior to adoption. 616 Six Flags Drive, Centerpoint Two P. O. Box 5888, Arlington, Texas 76005-5888 (817) 640-3300 FAX: 817-640-7806 ®recycled paper www.nctcog.org Page Two July 11, euuo NCTCOG looks forward to the possibility of partnering with you through this initiative. If you have questions about the Clean Fleet Vehicle Policy, please contact Lori Pampell at (817) 695=9232 or pampell Q nctcoq.orp. LCP:cg Enclosure cc: Public Works Directors Michael Morris, P.E. RESOLUTION SUPPORTING THE REGIONAL TRANSPORTATION COUNCIL CLEAN FLEET VEHICLE POLICY R05-07 WHEREAS, the North Central Texas Council of Governments has been designated as the Metropolitan Planning Organization for the Dallas -Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation, and, WHEREAS, the Dallas -Fort Worth area is a federally designated nonattainment area for the pollutant ozone and air quality impacts the public and economic health of the entire region; and; WHEREAS, the Regional Transportation Council is responsible for air quality conformity; and the Clean Air Act Amendments of 1990 require that in air quality nonattainment areas transportation plans and improvement programs conform to the applicable air quality implementation plan; and, WHEREAS, public activity fleet means government fleets and fleets contracted by governments, which includes transit agencies, school districts, special districts, counties, municipalities, and State and federal agencies, and, WHEREAS, the Regional Transportation Council approved the creation of a Clean Fleet Vehicle Policy on March 11, 2004. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: _Section 1. The Regional Transportation Council endorses the Clean Fleet Vehicle Model Ordinance and recommends government entities in the nonattainment area adopt an ordinance consistent with the Clean Fleet Vehicle Model Ordinance shown in Attachment 1. Section 2: The Regional Transportation Council reserves all future vehicle funding for government entities that adopt and comply with an ordinance consistent with the Clean Fleet Vehicle Model Ordinance as shown in Attachment 1. This includes transit funds of all types, Congestion Mitigation and Air Quality Improvement Program funds, Surface Transportation Program4etropolitan Mobility funds, other federal, State and local funds distributed at the discretion of the Regional Transportation Council, and support for third party funding opportunities. Section 3: The Regional Transportation Council authorizes staff to investigate and develop a Cooperative Purchasing Program to be administered by the North Central Texas Council of Governments or its designee. Participation in the Cooperative Purchasing Program is reserved for public activity fleets operating under an ordinance consistent with the Clean Fleet Vehicle Model Ordinance as shown in Attachment 1. ATTACHMENT 1 CLEAN FLEET VEHICLE MODEL ORDINANCE WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation; and, WHEREAS, the Regional Transportation Council supports the adoption and implementation A a Clean Fleet Vehicle Policy by which was resolved on October 13, 2005; and, WHEREAS, the Dallas -Fort Worth area is a federally designated nonattainment area for the pollutant ozone and air quality impacts the public health of the entire region; and, WHEREAS, the Regional Transportation Council is responsible for air quality conformity; and the Clean Air Act Amendments of 1990 require that in air quality nonattainment areas transportation plans and improvement programs conform to the applicable air quality implementation plan; and, WHEREAS, the wants to set achievable goals and provide workable, cost effective solutions to improve the Dallas -Fort Worth Metropolitan Area air, and implement those measures as soon as practicable to improve air quality; and, WHEREAS, approximately fifty percent of the nitrogen oxide (NOx}emissions in the Fort Worth Worth nonattainment area come from on -road vehicles. NOW, THEREFORE, BE IT HEREBY RESOLVED: Secton_4: Acquisition 1.1 Vehicle acquisitions for fleet expansion or replacement of model year 2004 or newer, shall be newest model year or engine standard only. 1.2 Vehicle acquisitions to replace model year 2003 or older vehicles must show at least a 25% reduction in Nitrogen Oxides (NOx) emissions rate compared to the vehicle being replaced. (Waivers are possible when new technologies or achievements of the required emission reduction are not possible.) 'f.3 Aftermarket technologies and conversions are acceptable for fleet expansion and fleet replacements. i.3.1 Aftermarket technologies and conversions must be Environment Protection Agency (EPA) and/or CARB verified or certified or technology equivalent or better, as determined by the North Central Texas Council of Governments (NCTCOG) staff. I herby certify that this ordinance was adopted by the _ — ---on Name Title Entity CITY OF DUNCANVILLE The Perfect Blend of Family, Community and Business June 2008 Dear City Official: Throughout the State of Texas, the well-being of residents within many municipalities has been compromised by unprovoked attacks by dogs, specifically dogs that have been bred for fighting and/or aggressive behavior such as pit bull dogs. On June 3, 2008, the City Council of the City of Duncanville, Texas adopted Resolution No. 2008-060314 supporting the introduction and passage of legislation that would provide Texas municipalities with greater control over dangerous dogs. More specifically, the resolution requests the introduction, passage, and implementation of state legislation at the 81st Texas Legislative Session which would permit local regulations to prohibit the ownership, possession, harboring, maintenance, transportation or sale of breed specific dogs within a local municipality and/or support the repeal of legislation which prohibits breed specific legislation by home rule municipalities and local municipalities. Please copy and forward the attached letter and resolution to your Mayor and City Council members. As noted in the letter, we hope that your City will consider adopting a similar resolution. By working together, Texas municipalities can create a safer environment for residents throughout the State. For your convenience, additional articles and documentation pertaining to this issue can be found at www.duncanyllle.Com/dopresolution shtm. Sincerely, Scott Cannon III District 2 Councilman City of Duncanville SC:jf Enclosure CITY OF DUNCANVILLE The Perfect Blend of Family, Community and Business June 2008 Dear Mayor &City Council Members: For elected and appointed officials throughout the State of Texas, the general health, safety and welfare of local citizens is a primary concern. Unfortunately, the well-being of residents within many municipalities has been compromised by unprovoked attacks by dogs, specifically dogs that have been bred for fighting and/or aggressive behavior such as pit bull dogs. In recent years the Texas Department of State Health Services discontinued compiling severe animal bite/attack data. However, the 2002 Severe Animal Attack and Bite Surveillance Summary contains the following statistics: ■ During 2002, 546 severe animal attacks or bites were voluntarily reported to the Texas Department of Health Zoonosis Control Division. • The overwhelming majority of severe attacks involved domestic dogs (485 cases, 88.8%). ■ Of the 213 reports in which the extent of injury was specified, 23% of the victims required surgery, 24.4% required hospitalization, and 73.2% required sutures. ■ The specific breed of canine was listed in 364 reports. Of the 23 breeds and breed crosses reported, 9 breed and breed crosses constituted 72% of the reports. The canine breed reported in severe animal attacks or bites most frequently was the pit bull/pit bull cross with 72 (19.8%) reports. Even more alarming is the fact that Texas was the nation's leader in fatal dog attacks in 2007. Nationwide there were thirty-two (32) fatal dog attacks, seven (7) of which occurred in Texas. Despite the implementation of Lillian's Law on September 1, 2007, dangerous dog attacks continue. On May 12, 2008, for example, a 70-year old Duncanville woman and her two dogs were bitten by a pit bull. She sustained lacerations to her head and arms which will result in a long, painful recovery. In response to similar incidents and fatalities throughout the State, the City Council of the City of Duncanville, Texas recently adopted Resolution No. 2008-060314 supporting the introduction and passage of legislation that would provide Texas municipalities with greater control over dangerous dogs. More specifically, the resolution requests the introduction, passage, and implementation of state legislation at the 81 st Texas Legislative Session which would permit local regulations to prohibit the ownership, possession, harboring, maintenance, transportation or sale of breed specific dogs within a local municipality and/or support the repeal of legislation which prohibits breed specific legislation by home rule municipalities and local municipalities. A copy of the Resolution, which was adopted on June 3, 2008, is attached. Additional articles and Page Two documentation pertaining to this issue can be found on the City of DU"% aO"V lle's website at www.duncanville.com/dogresolution.shtm. We hope that your City will support this important issue by taking the following action: 1. Adopt a resolution in your municipality requesting the introduction, passage, and implementation of state legislation at the 81 st Texas Legislative Session. A resolution template is available at www.duncanville.com/dogresolution.shtm. 2. Forward your adopted resolution to your State Legislators and request their support. 3. If you are a member of the Texas Municipal League,' submit your adopted resolution to TML and request that this issue be included in the League's 2009 legislative policy program. In late July, TML will be sending resolution submission instructions to member cities; the deadline for submitting resolutions is September 15, 2008. Your assistance in seeking greater control over dangerous dogs for Texas municipalities is needed and appreciated. By working together, Texas municipalities can create a safer environment for residents throughout the State. Sincerely, Scott Cannon III District 2 Councilman City of Duncanville SC: if Attachment RESOLUTION NO.2008=060314 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUNCANVILLE, TEXAS, SUPPORTING THE INTRODUCTION AND PASSAGE OF BREED SPECIFIC LEGISLATION FOR LOCAL MUNICIPALITIES GOVERNING DANGEROUS DOGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Texas provides by statutory restriction the local regulations of breed specific restrictions on dangerous dogs, and ogs; and WHEREAS, many communities have attempted to regulate specific breeds of d WHEREAS, certain dogs are bred for fighting and/or aggressive behavior; and WHEREAS, there has been statistical information collected concerning aggressive and dangerous breeds of dogs, and WHEREAS, the general health, safety and welfare of local citizens, especially children, have been subjected to unprovoked attacks by dogs and specifically dogs that have been bred for fighting and/or aggressive behavior; and WHEREAS, the Texas Legislature has a duty to protect the general health, safety and welfare of citizens; and WHEREAS, the Colorado Supreme Court has made a determination under the laws of the State of Colorado that breed specific regulations is appropriate in order to protect to the health, safety and welfare, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUNCANVILLE, TEXAS; SECTION 1. That the citizens of Duncanville, Texas, support the introduction, passage, and implementation of state legislation at the 81s' Texas Legislative Session which would permit local regulations to prohibit the ownership, possession, harboring, maintenance, transportation or sale of breed specific dogs within a local municipality and/or support the repeal of legislation which prohibits breed specific regulations by home rule municipalities and local municipalities. -1- ® 07/28/2008 08:01 ■ ■ ■ ■ July 20, 2008 Is WWIiggs, Mayor City of Sanger 2149056968 RE: Breed Specific Ordinance MARY KAY MFG PAGE 01/13 As a resident of Sanger I am in vehement opposition #o the introduction, passage, or implementation of state legislation at the 81 st, or any future state Legislative Sessions, which would permit local municipalities to enact regulations to prohibit the ownership, harboring, maintenance, transportation, or the sale of breeds of specific dogs within any given municipality within the State of Texas, We stand opposed to the repeal of current legislation which now prohibits breed specific regulations by home rule municipalities and local municipalities, The State of Texas currently prohibits by statutory restrickion the local regulations of breed specific restrictions under: § 822.047. LOCAL REGULATION OF DANGEROUS DOGS. A county or municipality may place additional requirements or restrictions on dangerous dogs If the requirements or restrictions, (1) Are not specific to one breed or several breeds of dogs; and (2) are more stringent than restrictions provided by this subchapter. Added by Acts 1991, 72nd Leg., ch. 916, § 1, eff. Sept. 1, 1991. While having great sympathy for dog bite and dog attack victims do not believe that dog attack incidences would be lessened by the enactment of breed specific legislation, Furthermore, we believe that Texas' citizens` safety interests would better be served if municipalities would enforce the current dangerous dog laws now in place rather then attempting to enact costly and discriminatory legislation aimed at particular breeds and types of dogs based solely upon the genetic make up of those breeds, far better than breed -specific bans are strict laws to control aggressive dogs of any breed or mix, Generic vicious dog laws place restrictions on the ownership of dogs that pose a danger to people, restrictions such as confinement in locked, escape -proof kennels while outdoors on the owner's property; muzzles when the dog is off the property; and the purchase of a liability insurance policy, Breed bans do not work, They target all dogs of a breed, or type -- the innocent as well as the guilty. Breed bans are difficult to enforce; and they do not end the use of dogs by criminals, If'pit bulls' in their various incarnations are banned, drug dealers and other felons will simply switch to another breed or, mix to use to protect their illegal activities, In the meantime, the ill-tempered mix breed that bites the hand that feeds it and the poorly -bred purebred that attacks the neighborhood children pose a far greater danger to people than the obedience4rained American Staffordshire Terrier, or American Pit Bull Terrier. Many of which are registered therapy dogs, have earned a CGC (Canine Good Citizen certificate issued by the AKC, American Kennel Club) and/or passed the American Temperament Testing Society's temperament test, which 84,3% of tested American Pit Bull Terriers pass and 83.4% of American Staffordshire Terriers pass (see www.atts.org for more information). With breed specific legislation, even dogs that have proven to be temperamentally sound and well-behaved companions cannot step foot inside the city, or are severely restricted within the city simply because of their physical appearance and not due to any history of aggression or, other dangerous behaviors. Breed specific ordinances are quick fixes and are not a sufficient long term solution for the following reasons: 1. Dog problems are generally problems with owner responsibility and are not limited to breeds. When breeds are singled out as dangerous or vicious, responsibility is removed from the dog owner which is where it belongs. Irresponsible people are also less likely to follow the law - and as a result, everyone has to suffer. 2. By communities limiting the ability of citizens to own certain breeds, responsible law abiding citizens will shy away from those communities. These are the types of owners that communities need to encourage, not drive away. Page 1 MARY KAY MFG PAGE 02/13 3. Communities that have instituted such bans often find that the irresponsible owners and the criminals who use dogs for illegal purposes simply switch to another breed. 4. Breeds and mixes are hard to identify and often dogs are mislabeled and destroyed based on paranoia and prejudice alone. This also punishes those dogs that are good canine citizens. Many breeds function as assistance dogs for handicapped owners, search and rescue dogs, drug -sniffing dogs, police dogs, etc. and BSL drives them out of the community. The American Veterinary Medical Association as well as the Centers for Disease Control, The Humane Society of the United States, The National Canine Research Council, National Animal Interest Alliance, ASPCA, American Kennel Club, American Canine Foundation, United Kennel Club, American Dog Owners Association, Association of Pet Dog Trainers, and several state veterinary medical associations also oppose breed -specific legislation: http://www. avma. org/on !news/javma/nov001s 111500c.asp http://www.avma,org/public_health/dogbite/dogbite.pdf http://www.ede.gov/ncipo/duip/dogbreeds,pdf http://www.hsus.org/pets/issues_affecting_our_pets/dangerous_dogs,htmi http:l/www.nationalGanineresearchcouncil.com/ http://www.naiaonlins,org/about/policy_petscomm.htm#breed http://www.aspca.org/site/PageServer?pagename=pp�breedban httpsuHwww,ako.org/canine legislation/position_statements.cfm#dangerousdog http:/lwww.americancaninefoudetionlaw.com/breedspecificlegislation, html http:/Iwww.ukcdogs.com/WebSite,nsf/WebPages/ComPunishDeeds http://www.adoa.org/index.php?option=com_content&task view&id=79&Item id=44 http://www.apdt.com/about/ps/breed_specific_legis.aspx http://www.forpitssake.org/BSLPosition Statements. pdf 5. The dog most restricted is the "pit bull." A pit bull is a type of dog and not a recognized breed of dog. `Pit Bull' is a generic term that was originally used as an abbreviation for American Pit Bull Terrier but is now an umbrella term for upwards of 22 different and distinct dog breeds that share similar physical characteristics. 6. Passage of laws that are only enforced through complaints cause two problems: 1) They create disrespect for the law if authorities require compliance only upon complaint, and 2) They provide ammunition for neighborhood feuds. 7. Breed -specific laws increase costs for communities. Shelter costs for communities would rise as citizens abandon targeted breeds and adoptable dogs of the targeted breeds would be euthanized at shelters. Court costs arise when citizens challenge the law. There will be additional costs for the communities due to caring for targeted dogs taken from citizens, veterinary costs, food costs, etc. Additionally, increased payroll costs for enforcing these laws and caring for the dogs which are targeted. Propose alternatives to breed bans including, but not limited to: 1. Stronger enforcement of existing dangerous dog laws. This is a broad based effort that protects all citizens as any dog can bite and be a nuisance when owned by an irresponsible owner. 2. Create a strict and expensive fine structure for chase incidents and bite incidents. Those who would deliberately train a dog to act aggressively towards humans or, allow dogs in their care to purposefully attack, harm, or maim humans and/or use dogs in the commission of a felony or, misdemeanor should face additional penalties including jail and/or prison time. 3. Encourage and explore ways to fund Local animal rescue and welfare agencies to provide responsible dog ownership seminars and canine safety education, The American Kennel Club has a tree education program created for elementary school children. 4. Protect the rights and safety of all citizens by enforcing nuisance ordinances such as anti -barking, fecal removal regulations, and leash laws. 07/28/2008 08201 2149056968 MARY KAY MFG PAGE 03/13 5. Punish the deed - not the breed. Do not We away the rights of law abiding responsible owners by allowing any municipality, or community to dictate what breed of dog they can, or cannot own in that municipality, or community. Respectfully yours, Kim Swilling Sanger, TX Page 3 �� THE HONORABLE DAVID E. DORMAN July 10, 2008 TO: TEXAS MAYORS AND COUNTY JUDGES As a fellow Texas Mayor, I have become increasingly concerned about the shortage of TXDOT funding. In February of this year, the news media bombarded us all with news that TXDOT might be facing an audit concerning possible accounting errors as discussions were peaking concerning funding for Texas Highways. TXDOT officials have initiated budget cuts and a freeze on some current and future road projects because of dwindling revenues. Just a few months ago, the Pew Research Center, issued a report acclaiming Texas as the fourth best -run state in the nation and acknowledging the benefits of State Legislature's performance budgeting system which resulted in spending less money per resident than any other state in the country. The Pew study praised TXDOT, but noted that the agency "is strapped for cash" resulting in putting off projects in order to maintain existing assets. On the surface, this appeared positive for the State until bores much deeper in the reality of the State budget. Over the years, cities and counties have been involved in a healthy competition for transportation resources...with the most needed projects typically securing funds. In the process, we have all learned more about statewide needs and how to justify our requests more thoroughly in order to win the "favor" of TXDOT and secure needed highway projects. In the process I believe we made our entire system better by sharing expertise and enhancing justification. Unfortunately, that system has disappeared for one simple reason! There are virtually no Funds to compete for; TXDOT has empty pockets. Many reasons can be identified including higher priced construction, increased maintenance requirements, accounting issues, a static gas tax....and on and on. But there is an even more signficant culprit to blame. The purpose of this discussion is to heighten your awareness of the most significant reason we are without highway funds and to serve as a "call to action" for all Cities and Counties and ultimately the public to join together to restore highway funding back. �—�. City of Melissa— ��I'.O. Box 409 •Melissa, Texas 75454 972.838.1080 mayordorman@cityofinelissa.com Not paid for at ¢upaycr cipcavc. For many decades, Texas has been blessed with dedicated funds gaing into the Highway Fund which allowed 'TXDOT to build and mainain an enviable highway system for our state. We all contributed to Fund 6 with each gallon of gas purchased. Unfortunately, the purchasing power of the highway fund has been eroded. This has occurred partially as the result of inflation and the fact that the gas tax was not indexed to rise with the cost of gas or general inflation, but is a fixed amount per gallon. Gallons of fuel consumed have risen, but that rise has been the result of more people creating increased demand for highway lanes, which has failed to keep pace with inflation. Also, since the tax on gasoline has been static, the focus should have been on how to protect those dollars and use them to the fullest extent for the intended purpose. In fiscal 1986 the Legislature took a fairly inconspicuous action by appropriating $28.1 million of the Highway Fund (Fund 6) for non�highway related expenses. By the past fiscal year (2007), the non -highway related appropriations coming out of the Highway Fund had risen to over $1 billion, 3 times as great as the initial year. Thus, while inflation has eaten into the purchasing power of our dedicated highway dollars, it is even more frustrating to realize that our state legislature spent our highway money on non -highway expenditures. Just about everyone associated with government has heard the old saying "a million here and a million there....pretty soon you have some real money". Well the real money has now become over $14 BILLION dollars.....enough that many crucial projects could have been easily funded with money the public thought was dedicated to roads. We do have a crisis in highway funding. It is a crisis that cannot possibly be resolved until the Legislature recognizes the significance of a basic public trust: Dedicated funds must be spent for the intended purposes. Many of the appropriations were no doubt "needed projects and services". The difference is that if the Legislature wanted to make those appropriations, other sources should have been used. In the early years, there appeared to be a surplus of highway funds, but as the years of dependence on "borrowed highway dollars" passed, so did the surplus highway dollars reaching the current level of TXDOT being "strapped" as the Pew report stated. Thus, our State is left without needed highways and no plan to get them except through toll project which, while needed, further contributes to the public road funding burden. While the legislature has taken the easy road by using our highway funds for other purposes in order to maintain lower expenditures and securing accolades for it performance budgeting system, the driving public suffers. It is apparent that the time for change has come and that true performance accountability be integrated into the system. Our highway fund revenues have steadily grown, but the acceleration of taking dedicated highway money for non -highway purposes has exploded as a percentage of the Highway Fund Revenue and as a the percentage of these funds spent for non -revenue purposes as compared to the growth of Total State Revenues. This does not mean TXDOT would have plenty of money for our road needs or that we would not still have need for some toll roads. It does mean, however, that proper stewardship of the state Highway Fund would have provided our citizens many more miles of required highways. 2 The major urban areas of Texas are dependent on quality transportation as is the economic growth and sustainability of our entire state. We must all work together and encourage the legislature to eliminate reliance on our highway funds to balance the budget. If projects are needed, they should be funded, but not from the life blood of our economic development and transportation system. Perhaps we were all complacent. A few million in 1986 may not have been a significant amount of highway projects and perhaps the legislature intended to `pay it back'. After all, Interfund borrowing is common. ...so long as there is a mechanism to re -pay. A few years of complacency and the result is the painful realization that we desperately need that $14 billion for highways, but no effort has been made to return it to the Highway Fund. We must insist that the practice of using dedicated funds for other purposes terminate and we must all work together to hold the system and one another accountable. I trust you share my concern and will commit to work to reverse the Highway Fund dilemma by having your council put forth a resolution advising the Legislature that we, the governing bodies of the State of Texas, find the diversion of dedicated tax dollars unacceptable to the citizens of the State of Texas, and not only demand that they abolish the diversion from Fund 6, as well as use some of the surplus dollars that the Governor and the Controller have stated are available to pay this fund back. Every municipality and county in the State of Texas will be receiving this letter and a resolution for their governing body to consider. The goal will be to have these resolutions sent back to me so that we may hand carry them to the Senate Sub -Committee on Transportation prior to the 2009/2010 Legislature convening. Thank you for your time and I look forward to future dialogue with you all. We must all stand together! Sincerely, David E. Dorman Mayor, City of Melissa Encl: Resolution WHEREAS, The Texas Transportation Institute estimates that Americans spend 38 additional hours in travel time annually due to inadequate and undersized infrastructure; and WHEREAS, The additional congestions wasted 2.9 billion gallons of fuel and cost over $78 billion in time and fuel; and WHEREAS, The additional 38 hours in congestion equates to almost five vacation days that would be better spent with friends and family, an increase from 14 hours wasted in 1982; and WHEREAS, maintaining aging highway infrastructure throughout Texas and expanding the highway system for statewide connectivity and maintaining urban mobility requires far greater investment in transportation infrastructure than is possible with current transportation revenues; and WHEREAS, It is estimated that over $14 Billion dollars has been diverted from State Highway Fund 006 revenues since 1986; funds that are badly needed for infrastructure improvements to address infrastructure needs throughout the State of Texas; and WHEREAS, Because the quality of life for Texans today and in the future will not be measured by an increase number of hours in congestion, it is no longer sound public policy to divert existing transportation revenues to non -transportation uses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ; THAT The City of ,Texas supports the discontinuation of the diversion of transportation revenues to non -transportation sources and the appropriation of all revenues from highway user fees and taxes to fund transportation. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF , TEXAS, ON THIS DAY OF 2008. MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: City Secretary