HomeMy WebLinkAboutMinutes - City Council - Special - 6/11/2003CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
JUNE 11, 2003
9:00 A. M.
The City Council of the City of Lubbock, Texas met in special session on the 11th
day of June, 2003, in Committee Room 103, first floor, City Hall, 1625 13th Street,
Lubbock, Texas at 9:00 A. M.
9:10 A. M. CITY COUNCIL CONVENED
City Council Chambers, 1625 13th Street, Lubbock, Texas
Present: Mayor Marc McDougal, Mayor Pro Tem Victor Hernandez, Council
Member Gary O. Boren, Council Member Jim Gilbreath, Council
Member Tom Martin and Council Member Frank W. Morrison
Absent: Council Member T.J. Patterson
( 1.) Presentation from Mike Cunningham and the City Treasurer
Selection Committee regarding creation of an Audit Committee.
Mike Cunningham presented the final recommendation of the Treasurer
Search Committee to the City Council regarding the need for an Audit
Committee.
He stated they proposed an integrated finance organization for the City of
Lubbock.
Mr. Cunningham presented the structure of the organization.
Voter — Mayor/City Council — City Manager — CFO/Assistant City
Manager — (Budget, Accounting, Finance).
In addition, they recommended consolidating the Internal Auditor function
by dividing it into two sub departments (performance and financial). The
Internal Auditor would report directly to the CFO/ACM and would have
an advisory relationship with the Audit Committee. He stated candidates
for the CFO position were being interviewed June 12, 2003.
Council Member Morrison asked about the quality of the applicants.
Mr. Cunningham stated that overall, he was very happy with the eight
applicants and he would proud to present any one for recommendation.
This recommendation will be made to the Interim City Manager and then
to City Council.
Council Member Martin stated he wanted it clear that the CFO is an
employee of the City Manager, hired by the City Manager and fired by the
City Manager. There is no requirement whatsoever under City Charter,
State law or anything City Council has control over to have any input into
the process.
Council Member Boren stated that due to the way things had happened in
the last twelve months, he had asked Interim City Manager Tommy
Gonzalez to get advice and input from Council on this position.
Mayor McDougal stated that the former City Manager Bob Cass had
always brought forward to Council any position of this magnitude. It
would be the City Manager's final decision. However, he expected that
Council be afforded the same opportunity before the final decision is
made.
Mr. Cunningham stated that in the present environment, he thought for
courtesy for the individual hired as the CFO/ACM, the wise thing would
be to get the advice and consent of the City Council. He also stressed that
once this person is hired that he or she works for the City Manager, is
solely responsible to the City Manager, and is hired and fired by the City
Manager. This is extremely important to the integrity of the finance
function and Mr. Cunningham strongly recommended this.
Special City Council Meeting
June 11, 2003
Page 510
Interim City Manager Tommy Gonzalez responded that he fully intended
to keep the Council involved, as has been done in the past.
Council Member Gilbreath asked if the new Sarbanes-Oxley law would
affect the above organization.
Mr. Cunningham stated this specifically applies to publicly held
companies. If the realm is extended to any entity issuing public securities,
and the City's debt would be qualified as a public security, it could come
possibly under the purview of Sarbanes-Oxley. If so, the basic structure of
the internal audit function would work. But the line of reporting instead of
being directly to the CFO/ACM would be indirectly to the CFO/ACM and
directly to the Audit Committee.
Council Member Gilbreath asked if it would be more appropriate for the
Internal Auditor to have a "solid line" reporting relationship to the Audit
Committee and then a "dotted line" relationship to the City Manager, as
opposed to the CFO?
Mr. Cunningham said he would entertain that as a friendly amendment.
He stated he did not feel that he would be compromising the
recommendations of the Committee, City Council or City Manager by
accepting the friendly amendment. He also stated he thought it would be
in the best interest of the City to do this.
Council Member Gilbreath stated he offered it as a friendly amendment.
Council Member Hernandez mentioned that Council should be very
vigilant; but not intrusive.
Council Member Boren stated that if the City Manager hires the CFO, but
the CFO reports to the Audit Committee, he didn't know if the City had
the wall of distinction of protection they are looking for.
Mr. Cunningham said he felt the City had that because of the professional,
independent, external, certified public accountants. They are placing their
livelihoods on the line by certifying that the financial statements are
presented in accordance with the general accepted accounting principles
and with governmental accounting standards.
Mr. Cunningham presented Audit Committee guidelines. This committee
is structured as advisory only. Mr. Cunningham referred to a resolution
which was provided to council for the June 12, 2003 Regular Council
Meeting.
Council members thanked Mr. Cunningham and the Audit Committee for
their hard work and stated the public should rest assured that the City of
Lubbock is getting a handle on things.
10:25 A. M. COUNCIL RECESSED
10:35 A. M. COUNCIL RECONVENED IN WORK SESSION
(2.) Presentation to the Mayor and City Council on the Recommendations
of the Council appointed Citizen's Advisory Committee (CAC)
regarding Capital Improvement Projects.
The Citizen's Advisory Committee was appointed by the City Council to
review the Capital Project needs for the next 6 years. After eight months
of work and numerous public hearings and meetings, the Committee was
ready to present their recommended priorities. Phyllis Jones, Chairperson,
made a PowerPoint presentation summarizing their findings. She also
provided council backup entitled "2004-2008 Citizens Advisory
Committee Executive Committee Recommendations."
Ms. Jones recognized the following Executive Committee and
Subcommittee members: Lance Misner, Chair, Public Safety Committee
and members Paul Dannevik and Carolyn Thompson-Conwright; Gertie
Jeter, Chair, Parks and Library Subcommittee and members Dawn Pace
and Bobbe Crawford; Gwen Stafford, Chair of Finance Committee was
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Page 511 11 Ch ' Civic Center and Public Venues
unable to attend; Don Caldwe , air,
and members, Jane Prince Jones, Phil Price and Bobby Kazee; and Art
Glick, Chair Pro Tern and member of Streets Committee.
The Executive Committee held seven public hearings starting February 10,
2003 and ending March 31, 2003. This gave citizens opportunity to speak
up and request capital improvement projects.
Ms. Jones stated the Finance Committee recommended a bonded
indebtedness not to exceed $29.9m and six years. These recommendations
included the following:
Streets Summ
Slide @ N. Loop 289 or Partial Funding for Erskine $ 200,000
Subdivision Assessment 500,000
34th & University Intersection Reconstruction 1,395,000
Milwaukee 45th to Spur 327 Strip Paving 1,089,000
N/E Lubbock Infrastructure 1,300,000
Regis Street Completion 364,000
Federally Mandated CurbRamps 50,000
City -Wide Traffic Signal Communications Upgrade 509,000
Traffic Signals — New Locations 450,000
Safe Routes to Schools 400,000
Paving 400,000
N. University "Gateway" Project 750,000
9,207,000
Civic Centers/Public Venues
Civic Center Renovation Phase II (Partial Funding) 1,450,000
East Lubbock City Services Center/Pilot Program
Auditorium Renovation
7,300,000
Parks/Libraries Meetings
MLK Little League Complex
1,663,568
Mahon Library Renovation
2,144,003
Miller/Andrew Parks Redevelopment
825,850
Burgess -Rushing Tennis Center
1,086,009
Indoor Recreation Facility
25,000
Midwest Little League
1,663,568
New Park Development
1,127,776
8,535,764
Public Safety
Fire Station #8
1,000,000
Fire Station #12
411,000
Animal Shelter
1,045,350
Police Facility Renovation
2,500,000
4,956.350
Total Project Summary 29,999,114
Ms. Jones told Council the Committee was asked to prioritize $80m. They
were given over $300m in projects to look at. She referred to council
backup for this information.
A copy of a resolution was also given Council concerning the destruction
of animals at the shelter.
Mayor McDougal mentioned that he had stated publicly that he was not
sure that now was the time to go the public for a bond election. But after
hearing the committee report, especially on the $30m recommendation, it
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June 11, 2003
Page 512
looks like these were coming from the citizens and he might change his
decision.
Council discussed letting the voters decide by holding a bond election the
first Tuesday in November.
Mayor McDougal asked that Council Member Patterson be brought
up-to-date on these matters and place this item on the June 191' agenda for
discussion purposes only. After discussion, Council could decide if they
wanted a resolution brought back in July to call for an election. If Council
wanted to call for one, they could call it as Committee recommended or
make some changes to it.
Council Member Hernandez asked that staff come back with some
response to the Committee's annual maintenance budget and whether or
not it should be created or at what level they currently are.
Council Member Hernandez also asked for feedback on establishing a
committee to study the animal issue and make recommendations at a
future date.
Council Member Gilbreath asked Interim City Manager Gonzalez to
provide information on the impact in terms of servicing debt given our
present bond ratings and make some assumptions of what that might be if
we take on additional debt. He also asked how that might impact our bond
ratings as we go forward.
Mayor McDougal requested information on how it would affect the tax
rate if there were more than $30m called and what increments that would
be.
Council Member Martin asked Interim City Manager Gonzalez to find out
how much money could be saved by holding an election in conjunction
with the regular municipal election next May. This election money will
have to be budgeted for.
The next item considered was Item 5.
(1) The Environmental Health Department is proposing a risk based
evaluation inspection, instituting the TDH Good Manufacturing and
Warehouse practices and a fee system for food establishments.
Bridget Faulkenberry, Environmental Health Manager.
This item was continued.
The Environmental Health section of the Health department proposed that
a risk -based evaluation, inspection and fee system for food establishments
be adopted. Environmental Health also requested that adoption of the
manufacturing practice and warehouse practice food rules, be put into
place.
Each food facility will be charged a fee according to its risk category. A
schedule was provided in council backup. The charges will reflect what it
will cost to provide the in-depth analysis, education, inspection, and
enforcement services to each facility. The higher the risk, the more time
spent on these activities. Since the department's seven inspectors' current
goal is to inspect each food establishment three to four times per year (and
there are approximately 1,000 food establishments in Lubbock), a risk -
based system would allow inspectors to increase efficiency by spending
more time with high -risk facilities — those that have the greatest potential
for food -borne illness outbreaks.
The permit fee structure for food service establishments in Lubbock is
currently based on seating, square footage, or flat fees, and has been so for
a number of years. This structure is unfair and inequitable. In the late
1980's, NASA developed a food safety process for the space program that
has become the national standard for food safety. The process is called
HACCP, and stands for Hazard Analysis Critical Control Point. In a
nutshell, it is a system that analyzes the risk of any food program, and
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develops controls for prevention of critical limits that could lead to food -
borne illness. It is a risk -based system. A risk -based system would better
enable staff to focus on those areas that could potentially cause food -borne
illness. (Food -borne illnesses cause approximately 76 million illnesses,
325,000 hospitalizations, and 5,000 deaths in the United States each year).
In addition, increased public awareness of food -borne illnesses has
brought the issue to the political forefront.
The Lubbock Board of Health discussed this issue at three separate Board
of Health meetings on September 13, 2002, February 14, 2003, and March
14, 2003. Board of Health recommendations were incorporated and the
Board approved the risk -based assessment and fee concept on March 14,
2003 to be presented to the Council. Conversations with local restaurant
owners indicate that most believe this is a fair system that makes sense
from a food safety standpoint. The Lubbock Restaurant Association is not
currently active and therefore, we could not obtain a statement from the
Association. We did share all information with at least two former
Presidents of the Association, as well as other restaurant owners.
Additional documents and backup material provided to the Council
included the risk -based fee structure for food service establishments, food
establishment risk assessment tool, risk categories and inspection
frequency, budgeted expenses for Environmental Health, cost distribution
and projected revenue (risk -based), and cost distribution with projected
revenue (processing). In order to begin the risk assessment process, a
resolution and ordinance change is required.
Staff recommended approval of the risk -based fee structure, risk
assessment tool, and proposed ordinance change.
( 4.) Presentation of the Monthly Financial Reports for the Month Ending
April 2003 by Beverly Hodges, Managing Director of Financial
Services, and Melissa Trevino, Budget Manager.
This item was continued.
Per City Council request, the Financial Reports for the Month Ending
April 2003 were presented. The information was previously provided to
Council.
This information included:
1. Financial Analysis — Analysis provided in narrative form by Fund.
2. Financial Summary —
a. Balance Sheet; Statement of Revenue, Expenditures and
Changes in Fund Balance; Summary of Cash Balances; and
Monthly Financial Summary Reports for:
• General Fund
• Airport Fund
• Sewer Fund
• Solid Waste Fund
• Storm Drainage Fund
• Water Fund
b. Capital Projects Summary by Fund (all funds).
3. Economic Analysis — Includes Lubbock International Airport
Enplanements Summary and Building Inspection Statistical Report
4. Investment Report — Investment Summary for the month of April
2003.
Staff was prepared to address any questions.
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Staff recommends approval.
1:40 P. M. Council Member Hernandez arrived.
( 5.) Presentation from the Interim City Manager regarding his activities
for the month of May 2003.
This item was considered following Item 2.
Tommy Gonzalez, Interim City Manager, presented a monthly operations
report to Council. The purpose of the report was to highlight the issues
facing the City from an operational perspective. The report also
highlighted accomplishments for the month of May 2003.
Mr. Gonzalez stated that in the area of finance, $16m had been cut out of
the budget.
Other areas being worked on included:
■ weekly and bi-weekly meetings are taking place with directors and
everyone from professional and above had been asked to have a
performance plan. Quarterly operations reviews would be made on
the plan. This is tied back with a performance evaluation.
■ A review of all contracts has been put together. Contract Attorney
Bill de Haas is working to make sure all forms are uniform.
■ Ordinance Review Committee
■ Internal Policy Review Committee
■ Budget Review Committee — Members are Jane Anne Stinnett,
Tommy Morris, Grey Lewis, B. J. Garcia and Joan Ervin
■ Employee Morale Committee — Council has passed 20-year
retirement ordinance (second reading to be June 12, 2003). Mr.
Gonzalez has met with employees and tried to answer their
questions. Employees stressed that accountability is very
important to them. He stated he gave them a website
(mylubbock.com) and is broadcasting emails to them to keep them
updated.
The next item considered was Item 8.
EXECUTIVE SESSION
Mayor McDougal stated: "City Council will hold an Executive Session
today for the purpose of consulting with the City Staff with respect to
Personnel matters as provided by Subchapter D of Chapter 551 of the
Government Code, the Open Meetings Law."
12:07 P. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION
City Council/City Manager's Conference Room
All council members were present except Council Member Patterson.
(6.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters regarding
duties, responsibilities, and/or appointments to: Ordinance Review
Committee, Policies Review Committee and Audit Committee.
(7.) Hold an executive session in accordance with V.T.C.A. Government
Code, Section 551.074(a)(1), to discuss personnel matters (City
Manager).
1:29 P. M. CITY COUNCIL RECONVENED INTO WORK SESSION
Present: Mayor Marc McDougal, Council Member Gary O. Boren, Council
Member Jim Gilbreath, Council Member Tom Martin and Council
Member Frank W. Morrison
Absent: Council Members Hernandez and Patterson.
The next item considered was Item 5.
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(ag Discuss scheduling July 2003 Work Sessions
This item was considered following Item 5.
Mayor McDougal led Council in a discussion as to whether or not to hold
an extra Work Session in July.
July
2 - Work Session (the Council will be meeting with Bonding
Agencies to discuss Bond Ratings)
9 - Work Session
10 - Regular Council Meeting
22,23 - Work Session (Budget)
24 - Regular Council Meeting/Budget Work Session
August
4 - Work Session (if needed for Budget)
5 - Work Session (regular Work Session to include Budget, if needed)
6 - Regular Council Meeting
28 - Regular Council Meeting
September
3 - Work Session
4 - Public Hearing (5:00 p.m.)
18 - Regular Council Meeting
Mayor McDougal asked Interim City Manager Gonzalez to get an email
out regarding the meeting changes.
( 9.) Presentation on Regional Economic Development by Market
Lubbock.
Mike Field, Chairman of the Market Lubbock Board of Directors,
recognized Kenny McKay, Interim CEO and asked that he introduce staff
present at the meeting. They were Cheryl Brock, Terry Patterson, Leah
Sands and Susan Sneed, the new CFO for Market Lubbock, Inc.
Mr. Fields and staff made a presentation on Market Lubbock's "New
Vision For The Future.... Partnering for a Better Tomorrow".
The presentation included current projects and future plans including
strategic planning with the South Plains Region. The presentation
explained where Market Lubbock is going, why they are going there and
how they propose to accomplish the goals of "greater wealth" for the
region.
2:53 P. M. COUNCIL RECESSED
3:05 P. M. CITY COUNCIL WORK SESSION RECONVENED
(10.) Presentation from the Lubbock Central Appraisal District regarding
2003 appraisals and their process.
At the request of Councilman Boren, representatives from the Lubbock
Central Appraisal District made a presentation regarding the 2003
appraisals and the process used to evaluate property.
Dave Kimbrough, Chief Appraiser, Jim Collins, Attorney for LCAD, Pat
Brownd, Deputy Chief Appraiser and Patrick Brown, Director of
Appraisal were present from the Lubbock Central Appraisal District.
Mr. Kimbrough and Patrick Brown discussed how they worked a
residential subdivision. They also stated people questioning the appraisal
of their property should file a protest form.
Mr. Kimbrough stated that their system of appraisal, mass appraisal, is an
accepted term within the entire real estate community. It is only used for
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property tax purposes. Fee appraisal is precise. Mass appraisal is accurate
from the standpoint of your tax base.
With 120,000 properties, LCAD is well within any statistical measures of
accuracy when they are between 95-105% on ninety -percent of the
properties. They hear from the ones that are high.
On some areas, they wait eighteen months to two years to see if there is
really enough market activity there to justify going in and reappraising
that area and making changes.
Council Member Martin asked to see maps for the last three years and
have them set up for comparison. Mr. Kimbrough obliged.
Council Member Boren asked if there was an option to changing appraisal
districts.
First Assistant Attorney Don Vandiver pointed out to Council that there is
a formal procedure for a challenge by a taxing unit. The taxing unit is
entitled to challenge before an appraisal review board the level of
appraisals of any category of property in the district or any territory in the
district, but not the appraised value of any single taxpayer's property.
Council Member Boren asked to investigate all options, because Mr.
Kimbrough stated that by statute, they had no options. Mr. Boren stated
he thought it was time to call for a change of management at the Appraisal
Office and see what is going on. He also asked Mr. Kimbrough for a copy
of their audit to see how they operate.
Mayor Pro Tern Hernandez stated that it was the general consensus of the
Council to put this same item on another work session to get all
information presented to Council to make a decision.
First Assistant Attorney Vandiver suggested an executive session to go
along with the work session.
Dave Kimbrough stated he would furnish the informal changes made as
far as reductions on single-family residences and also for those over 65.
Council Member Gilbreath also asked Mr. Kimbrough to furnish how
many appraisals were doubled.
Council Member Morrison asked for numbers for pieces of property
beside the 0-5% on the flow chart for 2002-2003. He wanted to know
how many increased from 0-5% and how many increased in each of the
last two years.
Mayor Pro Tern Hernandez directed Interim City Manager Tommy
Gonzalez to set up a work session and executive session. He also asked if
it would be beneficial for Mr. Kimbrough to be at the work session.
Council Member Boren stated he hoped Mr. Kimbrough enjoyed the
hospitality and would come back. He also encouraged him to get his
employees together and tell them to handle the Lubbock citizens with a lot
of care, because there is a lot of turmoil going on right now about this.
Interim City Manager stated it would take a couple of weeks and this
would probably be brought back in July.
Mayor McDougal had left the meeting.
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5:03 P. M. COUNCIL ADJOURNED
There being no further business to come before Council, Mayor ProTem
Hernandez adjourned the meeting.
Read and approved this I ) ,+h day of OM Ir , 2005.
ARC,OK50WAL, MAYOR
ATTtST:
Re cca Garza, City Secretary
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