Loading...
HomeMy WebLinkAbout2006-09-11 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council ,- ,.,,,-- A ''-'., MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL September 11, 2006 1. CALL TO ORDER The meeting was called to order by Mayor Alton Porter at 6: 00 p.m. Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser, Mike Clausen, Mike Mosteit, Louis Rigby, Barry Beasley, Howard Ebow, Peter Griffiths and Chuck Engelken Members of Council Absent: none. Members of City Executive Staff and City Employees Present: Assistant City Manager John Joerns, Assistant City Attorney Clark Askins, Planning Director Wayne Sabo, City Secretary Martha Gillett, Assistant City Secretary Sharon Harris, Police Chief Richard Reff, Human Resources Manager Robert Swanagan, Fire Marshal Cliff Meekins, Building Official Debbie Wilmore, Golf Pro Alex Osmond Assistant to City Manager Crystal Scott, Accounting Coordinator Lorie Doughty, Patrol Lieutenant Carl Crisp, Patrol Sergant Matt Daeumer, Purchasing Technician Cherell Daeumer, Parks and Recreation Director Stephen Barr, Emergency Management Coordinator Jeff Suggs, Purchasing Manager Susan Kelley, Assistant Public Works Director Don Pennell, EMS Chief Ray Nolen, Patrol Officer Matt Novosad, Paramedic II Jake Evans, Assistant Utility Superintendent Ray Mayo, Fire Chief Mike Boaze, Assistant Fire Chief Champ Dunham, Detective David Huckabee, Inspector I Mike Kirkwood, Downtown Revitalization Coordinator Debra Dye, Bldg. Maintenance Technician Supervisor Randy Cernosek, Street Maintenance Supervisor Rodney Cox, Parks and Recreation Operations Manager Marlene Rigby, Public Improvement Coordinator Reagan McPhail and a numerous police officers and firefighters. Others Present: Carlos Martinez, Sue Gail Mc Kooken, John Handy of Houston Chronicle, Buddy Jacobs, Tracy Koenig, Russell Plank, Barbara Norwine, Mrs. Mayo, Norman Cook, Dottie Kaminski and Colleen Hicks and other citizens. 2. Mayor Porter delivered the Invocation. 3. Mayor Porter led the Pledge of Allegiance. 4. PRESENT A nONS / PROCLAMA nONS A. Mayor Porter presented a Save a Life Month proclamation to the Fire, EMS and Police Departments. B. Mayor Porter presented a proclamation to Candace Pullien in honor of Constitution Week. C. Mayor Porter presented a proclamation to members of the US Army and Coast Guard in honor of Armed Forces Week. D. Mayor Porter read a 911 Day Resolution. City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006 Page 2 5. Consent Agenda A. Consider approving Minutes of the Regular Meeting and Public Hearing of City Council held on August 28, 2006. B. Council to consider approval or other action regarding awarding a bid for demolition of buildings in the amount of $38,000.00. C. Council to consider approval or other action regarding an ordinance authorizing the City Manger to execute a contract with Brooks Concrete, Inc. for the City Wide Sidewalk Replacement Project in the amount of $44,022.04 and to provide a construction contingency of $4,337.96 for a total construction amount of $48,360. D. Council to consider approval or other action regarding awarding a rebid to low bidder meeting specifications in the amount of $33,093 .93 for four (4) years. E. Council to consider approval or other action regarding an ordinance authorizing awarding annual contract for the rehabilitation of Sanitary Sewer Manholes to Standard Cement Inc. in the amount of$34,194, and an additional $5,100 for contingency, for a total award of $39,294. F. Council to consider approval or other action approving an appointment of an Ad HOC Committee of City Council to Review Meet and Confer Law (Texas Local Government Code Chapter 142). * Councilman Rigby recommended only four committee members be appointed to the Ad Hoc Meet and Confer Committee, due to five or more would enable to make decisions for all of City Council. Councilman Clausen volunteered to be an Alternate member of the committee. G. Council to consider approval or other action approving an ordinance authorizing the City Manager to execute an Agreement Letter with the companies located within the Battleground Industrial District for the City of La Porte EMS. H. Council to consider approval or other action regarding awarding a bid for Fire Prevention Safety Trailer in the amount of$38,114.00. * Assistant City Manager recommended changes to this item have truck delivered for and additional $ 2, 800.00. I. Council to consider approval or other action regarding approving a revised Interlocal Agreement with Harris County for debris removal. Motion was made bv Council member Engelken to approve the consent agenda with recommended changes as presented. Second by Council member Griffiths. Motion carried. Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Porter. Nays: None City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006 Page 3 Abstain: None. 6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE AGENDA. JAY DUNHAM - of 1101 Willowcreek Dr. La Porte, Texas 77571 addressed Council to remind of the Red Suspenders Society Shrimp Boil benefiting the La Porte Special Olympics to be held Saturday, September 23rd at the Senior Center. 7. Public Hearing - Council to consider approval or other action of an ordinance amending Chapter 106 (Zoning) adding to Exterior Building Design Standards in TIRZ No.1. Open Public Hearing - Mayor Porter opened the Public Hearing at 6:25 p.m. Director of Planning Wayne Sabo presented summary and recommendation and answered Council's questions. Public Input: Russell Plank of spoke in favor of the ordinance. Carlos Martinez of 724 S. 1 sl Street spoke in opposition of the ordinance due to the increase of materials. The Public Hearing was closed at 6:44 p.m. Recommendation of Planning and Zoning Commission - Planning and Zoning Commission recommended approval of an ordinance amending Chapter 106 (Zoning) adding to Exterior Building Design Standards in TIRZ No.1. 8. Council to consider approval or other action regarding Ordinance 150l-F5 Assistant City Attorney Clark Askins read: Ordinance l50l-F5- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY AMENDING ARTICLE IV. PLANNED UNIT DEVELOPMENT DEVISION 4, REQUIREMENTS, SUBDIVISION 1, GENERALLY, AND BY ADDING SECTION 106-680, EXTERIOR BUILDING DESIGNS, FOR THE CITY'S TAX INCREMENT REINVESTMENT ZONE NO.1; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. It was noted by Councilmembers Moser and Mosteit they feel Council should be consistent in making decisions when it involves code enforcement and code changes. Motion was made by Council member Griffiths to approve Ordinance l50l-F5 as recommended by Mr. Sabo. Second by Council member Engelken. The motion carried. Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006 Page 4 9. Public Hearing - Council to consider approval or other action of Special Conditional Use Permit #SCU 06-005 for a 46.141 acre tract out of :l::207 acres of land located along Old Underwood Road south of State Highway 225 and Union Pacific Railroad. Open Public Hearing - Mayor Porter opened the Public Hearing at 6:49 p.m. Director of Planning Wayne Sabo presented summary and recommendation and answered Council's questions. Public Input: None Recommendation of Planning & Zoning - approval of Special Conditional Use Permit #SCU 06-005 for a 46.141 acre tract out of :l::207 acres of land located along Old Underwood Road south of State Highway 225 and Union Pacific Railroad The Public Hearing was closed at 6:51 p.m. 10. Council to consider approval or other action regarding Ordinance 1501-G5 Assistant City Attorney Askins read: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU06-005 FOR THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 46.141 ACRE TRACT OUT OF :l::207 ACRES OF LAND (ALONG OLD UNDERWOOD ROAD SOUTH OF ST ATE HIGHWAY 225 AND UPRR) IN THE ENOCH BRINSON SURVEY, ABSTRACT-5, LA PORTE, HARRIS COUNTY, TEXAS FOR THE PURPOSE OF DEVELOPING A DISTRIBUTION CENTER IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; Motion was made by Council member Beasley to approve Ordinance 150 l-G5 as recommended by Mr.sabo. Second by Council member Moser. The motion carried. Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 11. Council to consider approval or other action regarding approving Special Conditional Use Permit #SCU06-006; or table for further consideration. Open Public Hearing - Mayor Porter opened the Public Hearing at 6:53 p.m. Director of Planning Wayne Sabo presented summary and recommendation and answered Council's questions. Public Input: None Recommendation of Planning & Zoning - approval of Special Conditional Use Permit #SCU06-006 ;with conditions as listed in the SCUP. City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006 Page 5 The Public Hearing was closed at 6:56 p.m. 12. Council to consider approval or other action regarding Ordinance 1501-F7 Assistant City Attorney Askins read: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU06-006, WHICH SUPERSEDES #SCU05-003, FOR THAT CERTAIN PARCEL OF LAND HEREIN DESCRIBED; IN CONJUNCTION WITH THE DEVELOPMENT AGREEMENT, COVENANTS, CONDITIONS, AND RESTRICTIONS BETWEEN THE CITY OF LA PORTE AND PORT CROSSING LAND, L.P.; NATIONAL PROPERTY HOLDINGS, L.P., DEL PISO INVESTMENT, LLP., FLPCW, L.P., C/O GEORGE B. MCKINSTRY, A- 47, W.P. HARRIS SURVEY, A-30, JOHNSON HUNTER SURVEY, A-35, HARRIS COUNTY, CITY OF LA PORTE, TO BE KNOWN AS PORT CROSSING; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; Motion was made by Council member Clausen to approve Ordinance 1501-H5 as recommended by Mr.Sabo. Second by Council member Ebow. The motion carried. Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 13. Council to consider approval or other action regarding condemnation of the substandard structure. This item was previously tabled for 60 days. Open Public Hearing - Mayor Porter opened the Public Hearing at 6: 57 p.m. Building Official Debbie Wilmore presented summary and recommendation and answered Council's questions. Public Input: Russell Harrison of 5014 Cheena Dr. Houston, Texas 77096 spoke in opposition of this ordinance. Recommendation of Staff- unanimously recommend the structure be condemned and demolished. The Public Hearing was closed at 7: 12 p.m. 14. Council to consider approval or other action regarding Ordinance 2904 Assistant City Attorney Askins read: AN ORDINANCE DECLARING THE BUILDING(S) LOCATED BLK 15. Lots 1-3. Sylvan Beach, HARRIS COUNTY, TEXAS, TO BE IN FACT A NUISANCE; ORDERING SUCH BUILDING(S) CONDEMNED; FINDING THAT Richard H. Harrison IS THE RECORD OWNER(S) OF SAID City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006 Page 6 PROPERTY; ORDERING THE SAID OWNER(S) TO ENTIRELY REMOVE OR TEAR DOWN SUCH BUILDING(S); ORDERING THE SAID OWNER(S) TO COMMENCE SAID REMOVAL OR DEMOLITION WITHIN TEN (10) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; AND TO COMPLETE SAID REMOVAL OR DEMOLITION WITHIN THIRTY(30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ORDERING THE DANGEROUS BUILDING INSPECTION BOARD TO PLACE A NOTICE ON SAID BUILDING(S); ORDERING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO SAID OWNER(S); PROVIDING FOR THE REMOVAL OF SAID BUILDING(S) BY THE CITY OF LA PORTE IF NOT REMOVED BY SAID OWNER(S) IN THE MANNER PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE HEREOF; AND FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW. Motion was made by Council member Beasley to deny Ordinance 2904 as recommended by MS.Wilmore and place property back on tax rolls. Second by Council member Rigby. The motion carried. Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen and Griffiths. Nays: Mayor Porter Abstain: None 15. Council to consider approval or other action adopting an ordinance approving Fiscal Year 2006-07 Proposed Budget. Open Public Hearing - Mayor Porter opened the Public Hearing at 7: 18 p.m. Budget Officer Shelley Wolny presented summary and recommendation and answered Council's questions. Mayor and City Council had the following suggestions and questions: Pick up $80,000.00 rather than increase employee insurance by 15% What would the cost be if the pay scale for civil service was moved up step by 3 %? Mayor and Council requested staff notify citizens in advance of rate increases before the rate increase occurs. It was additionally noted not all citizens take the Bayshore Sun so other methods of notification are needed. It was noted there needs to be better communications from administration to staff. It was requested to provide Council with an explanation and breakdown of how staff determined an increase was needed for the employees portion of the health care cost increase. It was noted we need to look at other vendors as a health care provider and compare costs.. Public Input: Marlon Jackson of 10118 Roseberry La Porte, Texas 77571 advised council a tax increase is needed voiced concern of city employees not receiving a cost of living raise in five years and not having the proper tools to work with. City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006 Page 7 Council discussed items listed in attached Exhibit A and provided staff with the following direction: Item 10 - Paperless Agenda tabled until a future date. Item # 18 - Council Travel changes line item remains $30, 000.00 Item #14 - Council Dinners to increase $2, 400.00 Item 15 - Metering Lighting at Ballfields item cut. Item # 9 - Longevity increase not considered due to laws in the local government code prohibiting payment beyond 25 years to police and firefighters. Item # 20 - EmailinglOnline Water Bills 0- cut this item Item # 1 - Insuring Welcome Signs - this item to remain in budget $83,401.00 add to budget for insurance - transfer from General Fund to Insurance Fund. There will be no increase to the employee cost. Recommendation of City Manager and Staff- approval of an ordinance approving Fiscal Year 2006-07 Proposed Budget. The Public Hearing was closed at 8:36 p.m. 16. Council to consider approval or other action regarding Ordinance 2918 Assistant City Attorney Askins read: AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE, TEXAS, FOR THE PERIOD OF OCTOBER 1,2006 THROUGH SEPTEMBER 30,2007; FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Engelken to approve Ordinance 2918 as recommended by Ms. Wolny. Second by Council member Mosteit. The motion carried. Councilman Ebow noted concerns with $30,000.00 to Chamber Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 17. Council to consider approval or other action regarding an ordinance increasing Water and Sewer rates. Assistant Finance Director Michael Dolby presented summary and recommendation and answered Council's questions. City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006 Page 8 Assistant City Attorney Clark Askins read: ORDINANCE 2837-C-AN ORDINANCE AMENDING APPENDIX A - FEES, CHAPTER 74, "UTILITIES", SECTIONS 74-246 AND 74-276, OF CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY AMENDING THE FEES ESTABLISHED THEREIN TO READ AS PROVIDED HEREIN; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Beasley to approve the Ordinance 2837-C- as presented by Mr. Dolby. Second by Council member Rigby. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 18. Council to consider approval or other action regarding a resolution adopting the 2006-2007 appraisal roll of the Harris County Appraisal District. Assistant Finance Director Michael Dolby presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: Resolution 20-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2006 APPRAISAL DISTRICT. Motion was made by Council member Moser to approve the Resolution 20-19- as presented by Mr. Dolby. Second by Council member Griffiths. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 19. Council to consider approval or other action regarding an ordinance estl1blishing the tax rate for Fiscal Year 2006-07 at .71 cents per hundred dollar valuation. Assistant Finance Director Michael Dolby presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2919-AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Engelken to approve the Ordinance 2919- as presented by Mr. Dolby. Second by Council member Ebow. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006 Page 9 Nays: None Abstain: None 20. Council to consider approval or other action regarding an ordinance authorizing change in language which defines Premium cost allocated by the City of La Porte each year. Human Resource Manager Robert Swanagan presented summary and recommendation and answered Council's questions. Language change to policy being recommended reads: The Total Premium Cost is the total annual dollar allocated each year by budget as approved by City Council for the City of La Porte for Health Insurance for each employee, including employee and employer contributions. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2781-B-AN ORDINANCE ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK BY AMENDING SECTION 9 A, "RETIREE MEDICAL COVERAGE", PROVIDING FOR THE TERMS AND CONDITIONS OF RETIREE MEDICAL COVERAGE; PROVIDING AN EFFECTIVE DATE OF SAID AMENDMENT; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Council discussed the Chapter 172 recommendations and provided direction as follows: Chapter 172 Employee retiree insurance and benefits board recommendations to City Council from Thursday, August 10,2006 meeting: Item # 1 - recommends that Flexible Spending Accounts with the Debit Cards be added to our plan. Item # 2 Individual Child Premium Load - board did not recommend this item. It was noted a change could be made making a 5th tier in a 4 tier structure with specific language that says dependent children can remain on the insurance to age 25 if they are a student and not married. Item # 3 10% Cost Saving with Plan Design Changes - not recommended by board. Item # 4 - one time deferral - board recommended a one-time deferral at the discretion of the Retiree with a spousal provision as outlined in COBRA. Which is: If a retiree is carrying their spouse at retirement then the spouse could re-enter when the retiree re-enters. Chapter 172 one time deferred is with no age limit. Item # 5 - Retiree Over/Under 65 Calculations not be used and remain as it is. Item # 6 - Incentive to new employees - Council directed staffto bring back concepts and be fair to existing employees. Item 7 - board recommended the current method of making the retiree calculations continue with clarification of language regarding city budgeted cost and that the coverage % discount City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006 Page 10 amount applies only for retirees, not dependents. Also, the proposed calculator that Neal Welch is developing be implemented to allow any employee to be able to get an estimate of their insurance cost and their dependents cost at the current year budgeted City cost and for one additional year. - A consensus of Council agreed with this recommendation. Medical Disability - Council directed staff to bring back an option to consider for employees with medical disabilities forced to retire be able to be eligible for health insurance. Councilmember Rigby asked if Council wanted to consider or discuss items noted in anonymous letter they received today. The consensus of the Council was no. Motion was made by Council member Beasley to approve Ordinance 2004-2781-B- as presented by Mr. Swanagan. Second by Council member Griffiths. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 21. Council to consider approval or other action regarding an ordinance amending the creation ordinance of the Main Street Advisory Board. Mayor Porter presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2004-2801-A-AN ORDINANCE AMENDING ORDINANCE NO. 2004-2801, RELATING TO THE CREATION OF THE MAIN STREET ADVISORY BOARD, BY REDUCING THE NUMBER OF MEMBERS TO THE MAIN STREET ADVISORY BOARD FROM ELEVEN (11) TO NINE (9); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Beasley to approve the Ordinance 2004-2801- as presented by Mr. Porter and reduce from 11 member to 9. Second by Council member Moser. The motion carried. Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 22. Council to consider approval or other action regarding an ordinance appointing members to various Boards and Commissions and adopt the ordinance of choice regarding the Zoning Board of Adjustment Chairman. Mayor Porter presented summary and recommendation and answered Council's questions. Note: Correction to ordinance being adopted as follows: Pat Muston position to expire in 2009. No changes to Zoning Board of Adjustment appointment of Chairperson by Council at this time. To be reconsidered next year. Main Street Advisory appointments were placed in positions as follows: City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006 Page 11 Position 1 - Ed Matuszak - 2008 Position 2 - Vicki Campise, Chair - 2008 Position 3 - Bill Manning, Jr. - 2008 Position 4 - Leonard Suarez - 2009 Position 5 - Jerry Carpenter, Vice President - 2009 Position 6 - Amanda Seymore - 2009 - 2009 Position 7 - Michaelyn Dunaway - 2007 Position 8 - Claire Zaborowski, Secretary/Treasuere - 2007 Position 9 - Lawrence Mc Neal- 2007 Assistant City Attorney Clark Askins read: ORDINANCE 2782-M-AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Griffiths to approve the Ordinance 2782-M- as presented by Mr. Porter. Second by Council member Ebow . The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 23. Council discussed a candidate for Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election. Motion was made by Councilman Clausen to nominate Greg Ingham to the TML Intergovernmental Risk Pool Board of Trustees. Second by Griffiths. 24. Council to consider approval or other action regarding a resolution supporting increased funding for the Texas Recreation and Parks Account and the State Park System. Parks & Recreation Director Stephen Barr presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: Resolution 2006-21-A RESOLUTION OF THE CITY OF LA PORTE CITY COUNCIL REQUESTING THE MEMBERS OF THE 80TH LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT INCREASED FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT LOCAL PARK GRANT PROGRAM AND THE TEXAS STATE PARK SYSTEM. Motion was made by Council member Griffiths to approve the Resolution 2006-21- as presented by Mr. Barr. Second by Council member Ebow. The motion carried. Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None 25. Close Regular Meeting and Open Workshop at 9:51p.m. City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006 Page 12 A. City Secretary Martha Gillett updated Council on future joint election agreements. B. Assistant City Manager John Joems discussed TWIA expansion hearing. Council advised Staff to include Mike Jackson and Wayne Smith to work on project. Closed Workshop meeting and reconvened Regular Meeting at 10:03 p.m. 26. Administrative Reports Assistant City Manager John Joems reported and reminded council of the Armed Forces Blood Drive September 13-14, 2006 at the Texas National Guard, Employee Health Fair 2006 September 15,2006,9:00 a.m. until 3:00 p.m. at the Fitness Center, La Porte Community Health and Safety Fair September 16th 9:00 -1 :00 p.m. La Porte High School, Boards and Commissions Appreciation Dinner September 18, 2006 6:00 p.m. at the Fitness Center, Neighborhood Center Inc. Volunteer Banquet September 21,20066:30 p.m. at the Houston Yacht Club, Fall Back Festival VIP Event September 15, 2006 5:30 p.m at 101 Main Grill, Fall Back Festival September 22, 2006 6:00 p.m. - 10:00 p.m. Main Street, September 23,2006 Noon - 10:00 p.m. at Sylvan Beach, Sylvia Garcia Celebrating 20 years of Public Service benefiting Project Stars Thursday, September 28,2006 at 6:30 p.m. at the Hyatt Regency Downtown, Salute to Industry Banquet honoring Munday Corporation at the Sylvan Beach Pavilion October 5, 2006, Bay Area Heritage Society Fish Fry Fundraiser Bill Bailey Roast October 10, 2006 at Sylvan Beach and the TML Conference October 25-27, 2006 in Austin Texas. 27. Council Comments Engelken, Mosteit, Clausen, Rigby, Moser, Beasley, Griffiths, Ebow and Porter had comments. 28. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, TEXAS GOVERNMENT CODE (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) A. SECTION - 551-072 - (PROPERTY SALE OR EXCHANGE) MEET WITH CITY MANAGER AND CITY ATTORNEY REGARDING TWO PROJECTS ON SALE OR EXCHANGE OF PROPERTY REGARDING MAIN STREET DEVELOPMENT B. SECTION - 551.074 - (PERSONNEL MATTERS) DISCUSS AND CONSIDER POSSIBLE ACTION ON CITY MANAGER DEBRA FEAZELLE'S EMPLOYMENT CONTRACT C. SECTION - 551-074 - (PERSONNEL MATTER) DISCUSS AND CONSIDER POSSIBLE ACTION ON APPOINTMENT OF JOHN JOERNS AS INTERIM CITY MANAGER City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006 Page 13 Council went into Executive Session at 10: 1 0 p.m. Council retired to Executive Session at 10:59 p.m. and returned to the Regular Meeting at p.m. 29. Considerations and possible action on items considered in Executive Session. B. Council to consider approval or other action regarding an ordinance approving an agreement between the City of La Porte and Debra Brooks Feazelle. Mayor Porter presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2942-AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND DEBRA BROOKS FEAZELLE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Council member Rigby to approve the Ordinance 2942 as presented by Mr. Porter. Second by Council member Moser. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None C. Council to consider approval or other action regarding an ordinance appointing John Joerns as Interim City Manager, effective October 1, 2006, and adjusting compensation during term as interim City Manager. Mayor Porter presented summary and recommendation and answered Council's questions. Assistant City Attorney Clark Askins read: ORDINANCE 2943-AN ORDINANCE APPOINTING JOHN JOERNS AS INTERIM CITY MANAGER; ADJUSTING COMPENSATION OF JOHN JOERNS DURING PERIOD SERVING AS INTERIM CITY MANAGER; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEROF. Motion was made by Council member Ebow to approve the Ordinance 2943 as presented by Mr. Porter and beginning October $1.000.00 a month stipend. Second by Council member Griffiths. The motion carried Ayes: Mosteit, Moser, Beasley, Engelken, Rigby, Ebow, Clausen, Griffiths and Mayor. Nays: None Abstain: None City Council Regular Meeting, Workshop Meeting and Public Hearing -September 11, 2006 Page 14 30. There being no further business to come before Council, the Regular Meeting was duly adjourned at 11:01 p.m. Pa~ed and approved on this 25th day of September 2006 '- '\-~ \ ~*~. . '\' /~..,. II.. ";;. ." - ~__ ,( '" -c..')"- . \. - Mayor Alton E.Porter ~~~:b~;~,;~/ ~:J~~ Gillett,'f~MC City Secretary f\f.A /'p,'j A- Budget Follow-Up to Questions from Workshops Items Needing City Council Direction 8/14 MeetinI! Potential Affect on Budget Item 10 - Paperless Agenda Options ($3400 up to $37,700) Item 13 - Council Travel Changes (Prior Cuts) Item 14 - Council Dinners $ 37,700 18,000 2,400 58,100 Net Affect 8/15 MeetinI! Item 15 - Metering Lighting at Ballfields Net Affect 3,163 3,163 8/16 MeetinI! Item 9 - Longevity (Increasing from 25 to 30 years) Net Affect (2,320) (2,320) Total Potential Changes to General Fund $ 58,943 8/15 MeetinI! Item 20 - Emailing / Online Water Bills $ 29,100 Total Potential Changes to Technology Fund $ 29,100 8/16 MeetinI! Item 1 - Insuring Welcome Signs $ 403 Total Potential Changes to Insurance Fund (Risk Division) $ 403 B ",-, REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Budeet Requested By: Source of Funds: Department: Plannine Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Amount Requested: Exhibits: Amended Aereement Exhibits: HCCEDD Annual Action Plan Amendments Budgeted Item: YES NO SUMMARY & RECOMMENDATION In March 2005, Harris County Community and Economic Development Department awarded the City $56,475.00 in Program Year 2004 Community Development Block Grant funds to extend and pave North 2nd Street to the "E" Street right-of-way, in conjunction with the Northside Neighborhood Project. In March 2006, Council amended the original budget to accept an additional Harris County award of $40,000.00 to cover an increase in construction related costs, bringing the project funding to $96,475.00. Adjustments to the scope of the project, difficulty in soliciting bidders, and increases in construction related costs led to yet another award by Harris County in July 2006, in the amount of$21,625.00, bringing the total project funding to $118,100.00. The Fiscal Year 2005-2006 Budget for Grant Fund 032 should be increased by $21,625.00, to account for the additional funding for this Community Development Block Grant Fund Project. Action Required bv Couneil: Consider amending the Community Development Block Grant Fund 032 Budget by an increase of$21,625.00 for construction of the paving and drainage for North 2nd Street. q - c2 O-IJ/r; Date HARRIS COUNTY COMMUNITY and ECONOMIC DEVELOPMENT DEPARTMENT Grants Management Division 8410 Lantern Point, Houston, Texas 77054 Ph. (713) 578-2000 Fax (713) 578-2198 DAVID TURKEL Director TRANSMITAL NOTICE To: La Porte City Council-c/o Mayor Alton Porter, Debra Feazelle Attn: Rodney Slaton, City Engineer 604 W. Fairmont Parkwa La Porte, TX 77571-6215 Date: AUGUST 17,2006 Project #: 2004-019 Purchase Order #: Re: City of LaPorte N. 2ns Street Expansion Project THIS OFFICE REQUESTS THE FOLLOWING INFORMA nON D Other D Other D COMMENTS: Mr. Slaton, as we discussed I am routing Duplicate Originals of the Amended Agreement between Harris County and the City of La Porte for the North Second Street Project. Please have these documents forwarded for the Signatures of the Mayor and City Manager where indicated on page four (4) of each document. Upon execution of the Amendment please contact me directly, at (713) 578-2069 to arrange pick-up of both signed originals on or before 08/30/2006. Please be aware that additional funding for this project was approved July 11, 2006 by the County Commissioners (see enclosed copy of Annual Action Plan Amendments). Based on the previously approved Amended Agreement, our letter of Bid Concurrence (07/05/06) and the Court's approval of additional funding for this project, we expect the City to move expeditiously with the Award of and negotiation of the Contract for Construction. Pursuant to the initial Agreement a draft copy of the Contract for Construction should be submitted to this office for review prior to final execution. For your convenience, the draft contract may be submitted to my attention by facsimile or electronic mail as noted on my business card enclosed. Contract Transmital City La Porte 2004-019 cc (Q) ~Y)f Exhibit A SCOPE OF SERVICES 1. Application This Scope of Services is based on the proposal prepared and submitted by the Subrecipient through the Harris County Comm~ty and Economic Development Department's annual Request for Proposal (RFP) process. However, in the event of any conflict between the proposal and any provision contained herein, this Agreement shall control. In addition to the activities listed below, the Subrecipient agrees to operate this project in accordance with Community Development Block Grant requirements and all other applicable Federal, state and local regulations. n. Project Description The Subrecipient will be responsible' for implementing the Northside Neighbor:Q.ood North Second Street project during the term of this Agreement. The scope of the project is to extend and pave with asphalt North Second Street from West Madison Street to the unimproved North "E" Street right-of-way. The Subrecipient will administer'all activities in the provision of the aforementioned public facilities/infrastructure improvements project in accordance with all applicable Federal, state, and local rules and regulations governing these funds, and in a manner satisfactory to the Grantee. ill. Activities Subrecipient will be responsible for the delivery of the following activities in cOIlllection with the provision of the above noted project: [the activities shall include, but not be limited to, the budget line item categories listed in the budget detail ofExhtbit B] . Page 28 of 48 Z:\Comrnunily & EeOllOmie Development Dcplll1ml!nt\Publie Impmvemenls\Northside Neighborhood North 2nd Street- OS GEN 0177\OSGI!NOl77 - AO~ between HC & City of La Porte forNorthsidc Neighborhood N. 2nd 51 ProjCClrtf No. Name/Catel!orv Schedule and Reauired Documents 1 Engineering Design -' Drawings. Plans, Bid 90 days from the date of this Agreement. Complete set of Specifications & Construction Documents drawings. plans, cost estimates, and bid sPecifications. 2 Bid Out (advertisement of project) Within 15 days after the Grantee's approval of bid specifications Subrecipient sball advertise for at least two consecutive weeks. Copy of advertisement notice with affidavit. 3 Pre-bid Conference One week before bids are due. Copy of List of Attendees and Meeting Notes. 4 Bid Opening Two weeks after the initial advertisement Letter indicating time, date, location and number of bids received and opened. 5 Bid Tabulation and Recommendations Within 15 days after bid opening date. Copy of all bids received, tabulation and recommendations. 6 Notice of Award and Draft Construction Within 15 days after Grantee's written approval oflowest and Contract best bid. Copy of Notice of Award. Within 45 days after Grantee's written approval of lowest and best bid. Copy of DRAFT Construction Contract. 7- Executed.Construction Contract Within 15 days after Grantee's written approval as to form of the DRAFI' Construction Contract. Copy of EXECUTED Construction Contract 8 Pre~Construction Conference Within 7 days after the date of the Executed Construction Contract. Copy of List of Attendees and Meeting Notes. 9 Construction Start Date Construction shall start within 60 days of the Pre-construction Conference. COpy of Notice to Proceed. .10 Construction Schedule & Davis-Bacon and Copy of bar chart or critical path with sufficient detail of Related Acts (DBRA) Compliance construction sequence. ORIGINAL DBRA compliance Documents documents submitted on a weekly basis after the Construction Start Date through the end of construction. 11 Survev Durin~ engineering design and canstruction, as applicable: -12 Inspection During construction and after construction to. assure compliance. 13 Testing During Engineering design and construction, as applicable. 14 Final Punch List Copy of Final Walkthrough Punch List, if applicable 15 Certificate of Campletian Upon completion of construction. Copy of Certificate of Completion. In additian to. the normal administrative services required as part af this Agreement, the Subrecipient agrees to document pragress using reporting requirements specified in Section VIII of this Agreement. The Scope of Services to. be provided by Subrecipient may be amended to. include ather activities autharized under federal law that are appro.ved in writing by the Executive Directo.r, Hams County Cammunity and Econamic Develo.pment Depart:nient and within the same general type of services described herein. N. Notice Grantee Subrecioient David B. Turkel, Directo.r Harris Caunty Community and Economic Development Dept. 8410 Lantern Point Houstan, Texas 77054 Debra B. Feazelle, City Manager City of La Porte 604 W. Fairmant Parkway La Porte, Texas 77571 Page 29 of 48 Z:\Community &. Economic Development Department\Publie Imprnveme!lls\Northside Nelghborbood Nor1h 2nd Slrcct. 05 QEN 0177\DSGEN0I77 . AaR betwel'1l HC &. City of La Porte for NortIL'lide Nelghborllood N. 2nd 5t ProjecLrtf Exhibit B BUDGET CITY OF LA PORTE NORTHSIDE NEIGHBORHOOD NORTH SECOND STREET PROJECT , Maximum Amount to be Paid Under this Agreement It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed Fifty Six Thousand Four Hundred Seventy Five and 00/1 00 Dollars (56,475.00). PROJECT StlM!\.1ARy . ;'.t,'~;~:,:':".';:;';';:i." ;'.':;~::'~;~'~~~:~~!~,~~.:il,;'!;;,"I'.~,'::.,::'i.:;;:":,'} ."E~~:~."\~[~~:Y.?:,l, '.P~0~~~.~:~i ::".:',';.,::..,~;~~~zi:':'~'.~;'.::'i Project Costs I. City of La Porte - Northside $55,910.25 .$0.00 $55,910.25 Nei hborhood North Second Street IV. RePID Allocation (Inspection & $564.75 $0.00 $564.75 En ineerin Administration ;." ;':: ::.::Rr,.oje'cdlbiit~~:tiltnl . ..; .: ".$,56;4.1s.ao:.'< ::.:' ;\~ .: '~O~O'O" ':;:;::::::'.':'$5~;~1.~~O:~ .:.." ;.....:.... .... : .,:,.,~.., "'" ._:: ,"'::'",". "\ . ,.:,:....\.,.. .~ .:: I.., '..,~ ..".. . ..:t.:,:, ...:',<~~:,...~ ..> ~:::, ."~:.:.;.~;,:.~;),:~~.:...;;:i":,,,, ,.', ';,:",:~ COSO PY2004 ....; .'~~~i.e~t'9~~~:".i.:" .: ' ' . ~, "..:,' I. City of La Porte - Northside Nelghporhood North Second Street Construction Contingency Engineering Desi~.. Survey Inspection & Testing $50,262.75 $5,647.50 $0.00 $0.00 $0.00 $55,910.25 Subtotal m. HCPID Allocation InSPection' & Engineering AdnlinStratioI1 Subtotal $564.75 . . '.';"", .'.'~~j)J!Y::~:~.t.a.~:,T~tal:. .... .:. ...~7~,4~5.0~. :.~; .. $0.00 $0.00 $5,700.00 $0.00 $502.63 $6,202.63 $50,262.75 $5,647.50 $5,700.00 $0.00 $502.63 $62,112.88 Page 30 or 48 Z:\Conurnmity & Economic Development Pepnrtmenl\Public IlqlrDvementsINortbside Neighborhood North 2nd Slrl'et- OS GEN 0177\OSGENDI77 - AOR between He & City ofLn Porte for NortllSide Neighborllood N. 2nd Stl'mjecLrtf ~SCOUNTY,TEXAS COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT November 1, 2006 8410 Lantern Point Drive Ho on, Texas 77054 el (713) 578-2000 Fax (713) 578-2190 David B. Turkel Director Ms. Debra Feazelle, City Manager City of LaPorte 604 W Fairmont Parkway LaPorte, TX 77571 v 0 3 2006 TV MANAGER'S OFFICE RE: City of LaPorte/ Northside Neighborhood North Second Street Project Project No. CDBG 2004-019 Dear Ms. Feazelle: Enclosed is a copy of the approved Second Amendment to Agreement between Harris County Community and Economic Development Department and the City of LaP e Northside Neighborhood North Second Street Project. This Amendment ad $21,265.0 in Program Year 2005 Community Development Block Grant funds to the pro] get to , adequately cover construction related costs. If you have any questions or comments, you may contact Ms. Millicent Bradfi rd, Senior Project Monitor at 713 578-2000. David B. Turkel Director foz$- (j l> ;;l f ELlMB/lH/ERWIDBT Enclosure ~~ _ 3S- w5 J :\gmshare\QA \ELove\Millicent's Projects\City of LaPorte.doc , - , ~ r ' SEcolW AMEND:MENT TO AGREE:MENT BETWEJ3:N HARlUS COl!NTY AND THE CITY OF LA PO~TE FOR THE NORTHSIDE NEIGHBORHOOD" NORTH SECOND STREET PROJECT WHEREAS, HARRIS COUNTY, a body cOIporate and politic under the laws of the State of Texas, hereinafter referred to. as the "Grantee," and the City of La Porte~ a cody corporate and politic under the "laws of the State of Texas (hereinafter referred to as the "Subrecipient"), entered into an Agre~ent on March. 8', 2005 to administer a Community Development Block Grant (CDBG) PrOgnim Year (PY) 2004, B-2004-UC-4~-0002; CD 2004-019 for a' project known as the Northside Neighborhood North Second Street Project in the amount of $56,475.00 (the "Agreement"); , , WHEREAS, on December 6,,2005 the Grantee and Subrecipient executed a First Amendment to the original Agreement adding $40,000.00 in PY 2004 CDBG funds to the Budget. The total amount ofCDBG fum;ls allocated to this Project at that time was $96,475.00 for construction and related activities; and WHEREAs,. the Grantee and S~bl."ecipient 'now desire to further amend said original Agreeinent to add $21,625.00 in 'py 200? CDBG funds to the Budget, to adequately cover incre~ed construction cost. The total amount of CDBG 'funds allocated to this Project is $118, i 00.00 for construction and related activities. NOW, THEREFORE, the Grantee and Subrecipient mutually agree as follows: 06 GEN 1254 - Nortbside Neighborhood N. 2nd Slreel2nd AMD 2004-(\\9 I'p~e J of6 J '. 1. Exhibit "B," Budget, which currently reads as follows: Maximum Amount to be Paid Under this Agreement It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agre~ent shall not exceed Ninety Six Thousand Four Hundred Seventy-Five AND 00/] 00 Dollars ($96,745.00). DESCRIPTION PROJECT SUMMARY CEDD LEVERAGE (CDBG) TOTAL Project Costs 1. City of La Porte- Northside $95,910.00 $0.00 $95,910.00 Neighborhood N. 2ad. St Project II. HCPID Allocation (Inspection & $565.00 $0.00 $555.00 Engineering Administration) Project Budget Total $96,475.00 SO.OO S96,47S.00 I'Y :!ll1lo1 CDBG 196.475 Project Costs PROJECT DETAIL CEDD LEVERAGE (CDBG) TOTAL I. City of La Porte - Northside Neighborhood N. 2nd St. Project Construction Contingency (5% of construction) Engineering Design Surveying Inspection & Testing Subtotal $91,]]5.00 $0.00 $4,795.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $95,910.00 $0.00 $91,115.00 $4,795.00 $0.00 $0.00 $0.00 $95,910.00 ll. HCPlD Allocation Inspection & Engineering! Construction Administration ~)~;l~;;i~;S~~W:~;:t~$; }i~f;;i~;'/if)H~~~~~~~~ ':,,' $565.00 $0.00 $565.00 Subtotal S 565.00 $0.00 $ 565.00 Project Detail Total $96,475.00 so.oo $96.475.00 06 GEN 1254 - Nonll5ide NeighborlmOd N. 2nd SI1eel2nd AMD 2!lO4-O/9 "Rge 2 of6 Is hereby amended to read as follows: lVla.'rimum Amount to be Paid Under this Agreement It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed One Hundred Eighteen TIlOusand One Hundred and 00/100 Dollars ($118,100.00). DESCRIPTION TOTAL Project Costs 1. City of La Porte- Northside $] 17,535.00 NeighborhoodN. 2nd. StProject II. HCPID Allocation (Inspection & $565.00 Engineering Administration) $21,603.63 $139,138.63 $0.00 $ 565.00 Project Budget Total $118,100.00 $21,603.63 $139,703.63 Py 200.1 CDIlG S96.475.o0 P,{ 2005 C08CiS2I.62S.0Q PROJECT DETAIL Project Costs CEDD TOTAL (CDBG) I. City of La Porte - Northside Neighborhood N. 2l1d St. Project Construction $112,740.00 $]5,401.00 $128,141.00 Contingency $4,795.00 $0.00 $4,795.00 Engineering Design $0.00 $5,700.00 $5,700.00 Surveying $0.00 $0.00 $0.00 Inspection & Testing $0.00 $502.63 $502.63 Sub.total $117,535.00 $21,603.63 $139,138.63 n. HCPID Allocation Inspection & Engineering! $565.00 $0.00 $ 565.00 Construction Administration Subtotal $565.00 $565.00 $565.00 Project Detail Total $118,100.00 $21,603.63 $139,703.63 11. All other conditions of said Agreement (as previously amended) shall remain in full force and effect as originally written. Db GEN 1254. Northside Neillbborbood N. 2nd Streel2l1d AMO 2004-019 Page 3 orc. .!, . IN Wn~rOF, ilie Parties have executed fuis Amended Agreement as Ofili:J~ day of 2006. OCT 2 4 .2006 Approved: Atrest: ~~ Name: DEBRA FEAZELLE Title: City Manager CI'r^O.FLAPO~~ . By:~t~~~--- ALTON E. PORTER Mayor, City of La Porte Approved as to Form: MIKE STAFFORD County Attorney ~~ By: RACHEL BOATES Assistant County Attorney y: DAVID B. TURKEL Director, Harris County Community and Economic Development Department AUDITOR'S CERTIFICATION I hereby certify that funds are available in the amoUnt of $117,535.00 (of which $95,910.00 was previously certified on December 6, 2005) for construction related activities and $565.00 (as previously certified on March 8, 2005) for Harris County Public Infrastructure Department (RCPID) inspection and engineering administration to pay the obligation of Harris County under this Agreement. BARBARA SCHOTT County Auditor 06 GEN 1254 - ]IIarthside ]IIeighborbood]ll. 2nd Streel2nd AMO 2004-019 Pnge40rG Presented 10 Commissioners Court ORDER OCT 2 ~ 2006 APPROVE Recorded VoL- Page THE STATE OF TEXAS COUNTY OF HARRIS ~ ~ s The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the HaW~ 9o~I)..ty Administration Building in the City of Houston, Texas, on the day of veT l If ,ZOut) , 2006, with the following members present, to wit: Robert Eckels El Franco Lee Sylvia R. Garcia Steve Radack Jerry Eversole County Judge Commissioner, Precinct No. 1 Commissioner, Precinct NO.2 Commissioner, Precinct,No. 3 Commissioner, Precinct No.4 and the following members absent, to-wit: ~ ___ a quorum, when among other business, the following was transacted: , constituting ORDER AUTHORIZING EXECUTION OF SECOND AMENDMENT TO AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF LA PORTE FOR THE NORTHSIDE NEIGHBORHOOD NORTH SECOND STREET PROJECT Commissioner introduced an order and made a motion that the same be adopted. Commissioner seconded the motion for adoption of the order. The motion, carrying with it tIle adoption of the order, prevailed by the following vote: Yes .No Abstain Judge Eckels 0 0 Comm. Lee 0 0 Comm. Garcia 0 0 Comm. Radack 0 0 Comm. Eversole 0 0 RECITALS: WHEREAS, HARRIS COUNTY, a body corporate and politic under the laws of the State of Texas, hereinafter referred to as the "Grantee," and the City of La Porte, a body corporate and politic under tl1e laws of the State of Tex.as (hereinafter referred to as "Subrecipient"), entered into an Agreement on March 8, 2005 to administer a Community Development Block Grant (CDBG) Program Year (PY) 2004, B-2004-UC-48-0002; CD 2004-019 for a project known as tl1e Northside Neighborhood North Second Street Project in the amount of $56,475.00 (the "Agreement"); WHEREAS, on December 6, 2005 the Grantee and Subrecipient executed a First Amendment to tl1e original Agreement adding $40,000.00 in PY 2004 CnBG funds to the Budget. The total amount ofCDBG funds allocated to this Project at that time was $96,475.00 for construction and related activities; and 00 GEN 1254 - Northside Neighborhood N. 2nd Streel2nd AMD 2004-019 Pllge 5 Dfb ...l.... " ". "':.0 , . wHEREAS, the Qrantee and S~brecipient now desire to fur.t11er amend said original Agreement to add $21,625..00 in \PY'40~?_: CDBG funds tq tJ?e Budget, to adequately cbver increased' construction cost. The total amount ofCDBG funds allocated to this Project is $118,100.00 for construction'and related activities; NOW, THEREFORE, BE IT ORDERED BY TIIE COMMIS~IONERS COURT OF HARRIS COUNTY, TEXAS THAT: Section 1: Section 2: The recitals set forth in this qrder are t:rue and correct. The Director of Harris Coupty Community, and Economic Development Department is authorized to execute a Second Amendment to the Agreement between Harris County'and the City of La Porte for the'Northside Neighborhood North Second Street Project. The Second Amendment to the Agreement is' attaclied hereto and made a part hereoffor all purposes. 06 GEN 1254 - Norlhsid" Ndghborllood N. 211d St=12nd AMD 2004-019 Page 6of6 ({;(Q){?J1( HARRIS COUNTY, TEXAS COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT David B. Turl{el Director 8410 Lantern Point Drive Houston, Texas 77054 Tel (713) 578-2000 Fax (713) 578-2190 July 3, 2006 County Judge Eckels and Commissioners Lee, Garcia, Radack, and Eversole Agenda Letter Please consider the following item on the Commissioners Court Agenda for July 11,2006: Approval of amendments to the Harris County PY1998, PY1999, PY2000, PY2002, PY2003, PY2004, PY200S and PY2006 Annual Action Plans. A summary of this request is attached for review and approval. Thank you for your assistance with this request. Comm. Lea Comrn. Garcia Comm. Aadack Comm. Eversole Abplain -~~~ C! ---'-' Vote of the Court: David B. Turkel, Director Community & Economic Development Department :x ):P ..... -:I: ')::>':;> CJ::o !:!:l::o ~- men - :::i0 "0 ()) c: 1'T1:Z:: :;0 ..; <-< <3 rn (I)- o en ' t- c: r- I . c.n DBT/DL/lclkm/lwr Presented to Commlsslcner's Court , , JUb '11 1006 ' . Ct- APPftQVI~l4 .- t!1@OOr8sa VBI- = ~~~- "%:-' :x W N' ,f:" {:\,C),.",.",- t.ro(.I""'i)",.l.I~") J:\AAP\AAP AmendmenlS\MnjOt, Minot and 1% AmcndmcnlS\20D6 Amendments\Agcndu Lcllers\Agcndn Letter July II.doc ~I.J,C' r,C, I, ..i l" \;:l;,-'\.J>"'\ \_)I..";C'- ~'.~~j .. . ." "; HARRIS COUNTY COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT Executive Summary ANNUAL ACTION PLAN AMENDlVIENTS July 11, 2006 Commissioners Court Background Harris County Commissioners Court previously approved the Annual Action Plans. The Annual Action Plans (AAP), which are a consolidation of the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) applications, were also subsequently approved by the U.S. Department of Rousing and Urban Development (HUD). Since HOD approval, several changes have been made to projects reported in these documents. These changes consist of substantial amendments and minor amendments, which are defined below. Substantial Amendmellts Substantial amendments in a planned or actual activity or objective change require a 30-day public review period and court approval. A substantial amendment is defined as: 1. addition or deletion of an activity or objective; 2. change in the objective of an activity; or 3. change of more than 25% in the dollar amount needed for a project. These amendments were included in the June 2, 2006 and June 9, 2006 public notices. The 3D-day public review period has been met and we are now asking the court to approve the changes to the Annual Action Plans. 1998, 1999,2000, 2002, 2004, and 2005 HOME Funding: Project 2005-0017 HeRA Waterside Court-Obligate $69,484.79 in 1998 HOME Funds, Obligate $171,014.55 in 1999 HOME Funds; Obligate $50,000 in 2000 HOME funds; Obligate $60,595.65 in 2002 HOME funds; Obligate $62,500.00 in 2004 I-IOME Funds; and Obligate $136,405.01 in 2005 HOME funds. Total project funding, including previously awarded amounts, will be $1,995,000.00. 1998, 1999, 2000, 2002, 2004, and 2005 HOME Funding: Project 2005-0017 HCHA Waterside Court Original Scope of W or~{: Current Number of HOME-Assisted Units = 28 High Units/8 Low Units. Proposed Scope of Work: Revised Number of HOME-Assisted Units = 18 High Units/23 Low Units. This revision will result in a total of 41 HOME-assisted units. 2003,2004 and 2005 CDBG Funding: Project 2005-0040 Harris County WCill #21 Meads Street Project W/S Lines - Obligate $97,250.53 in 2003 CDBG Funds, obligate $236,726.04 in 2004 CDBG Funds, and obligate $266,023.43 in 2005 CDBG Funds. Total project funding, including previously awarded amounts, will be $767,155.00. 2005 CDBG Funding: Project 2005-0021 Northwest Assistance Ministries Meals on Wheels - Deobligate $9,765.72 in 2005 CDBG Public Service Funds. Total project funding, including previously awarded amOlmts, will be 25,234.28. ---~.*--- Minor Amendments Minor amendments require Court's approval, but no public review period. Change must be under 25 percent change in allocation. 2002 CDBG Funding: Project 2002-0078 Humble Health Center HIPAA Improvement - Deobligate $8,492.75 in 2002 CDBG Funding. Total project funding, including previously awarded amounts, will be $131,187.25. 2003 CDBG Funding: Project 2003-0011 HCPID Fallbrook Road Construction - Deobligate $77,186.75 in 2003 CDBG Funds. Total project funding, including previously awarded amounts, will be $867,813.25. Project 2003-0018 HCPHES Lead Based Paint Program - Deobligate $47,924.14 in 2003 CDBG Funds. Total project funding, including previously awarded amounts, will be $1,152,075.86. 2005 CDBG Funding: Project 2005-0003 CDBG Program Administration - Deobligate $367,938.62 in 2005 CDBG Funds. Total project fimding, inpluding previously awarded amounts and $11,993.82 in remaining funds from Project 2005-0059 Coalition for the Homeless, will be $2,015,021.20. Project 2005-0008 Astrodome Resource Center - Deobligate $6,458.70 in 2005 CnBG Public Service Funds. Total project funding, including previously awarded amounts, will be $53,941.30. Project 2004-0018 City of South Houston Waco Street Sewer Replacement - Obligate $108,876.00 in 2005 CDBG fimds. Total project funding, including previously awarded amounts, will be $728,876.00. Project 2004-0019 City of La Porte Northside Neighborhood North Second Street Project - Obligate $21,625.00 in 2005 CDBG Funds. Total project funding, including previously awarded amounts, will be $118,100.00. Project 2005-0022 Prevent Blindness Texas Partners in Prevention - Deobligate $6,201.52 in 2005 CDBG Public Service Funds. Total project funding, including previously awarded amounts, will be $32,998.48. Project 2006-0038 Harris County WClD 36 Haden Service Area - Obligate $77,223.00 in 2005 CDBG Funds. Total project funding, including previously awarded amounts, will be $562,465.00. Project 2005-0049 AAMA House - Deobligate $16,250.78 in 2005 CDBG Public Service Funds. Total project funding, including previously awarded amounts, will be $53,749.22. 2005 HOME Funding: 2005 HOME Funding: Project 2005-0002 HOME Program Administration - Deobligate $12,468.93 in 2005 HOME Funds. Total project funding, including previously awarded amounts, will be $360,999.07. Project 2006-0050 City of La Porte Northside Neighborhood - Obligate $5,000.00 in 2005 HOME funds. Total project funding, including previously awarded amounts, will be $457,300.00. Project 2006-0054 Gardens at Tomball - Obligate $17,746.35 in 2005 HOME CHDO Funds and obligate $15,503.65 in 2006 HOME CHDO funds. Total project funding, including previously awarded amounts, will be $1,233,250.00. 2006 HOME Funding: Project 2006-0054 Gardens at Tomball - Obligate $17,746.35 in 2005 HOME CHDO Funds and obligate $15,503.65 in 2006 HOME CHDO funds. Total project funding, including previously awarded amounts, will be $1,233,250.00. Recommendation It is recommended that the Commissioners Court approve the above referenced changes to the Annual Action Plans. . -i ..... J:\AAP\AAP Amcndmcnts\Major, Minor and 1 % Amcndmcnls\2006 Amcndmcnts\Court AbslrnclS\Court Absl July 11 Major.doc c REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Source of Funds: CDBG Department: Planninl! Account Number: Grant Fund 032 Budgeted Item: $117.535.00 $113.133.41 YES Report: X Resolution: Ordinance: X Amount Budgeted: Exhibits: Bid Tab CLP #06012 Ordinance Letter from Harris County Dated 7-5-06 Amount Requested: SUMMARY & RECOMMENDATION Harris County Community & Economic Development Department previously awarded the City a CDBG grant to extend and pave North 2nd Street to the E Street ROW. The original grant proposal was to extend 2nd Street and utilities. The original amount awarded was $56,475.00 with $55.910.25 for construction. The scope that came back with the contract was only for paving. The contract also did not allow the use of in-house assets to pave the street. The City notified Harris County that the project was short funds to complete the project. On March 27, 2006, City Council amended the budget to accept an additional Harris County award of $40,000 bringing the total construction funding to $95,910. Since awarding the grant, Harris County has changed project officers twice. Although not stated in the scope, the new County project officer stated that the extension ofthe water line with the paving was allowable. As part of the City's leveraging funds, the City has cleared and grubbed the North 2nd Street ROW, surveyed the project area and the Engineer Division designed and bid the project. Given the additional funding, the project was designed with the water line extension included. There were no bidders on the first publication. Harris County instructed the City to re-bid. On the second bidding period, the City received 2 bids with low bid of$132,936.33 from TEXCOR Construction: . Paving $92,332.01 . Drainage $ 8,769.99 . Waterline $21,lB4.33 . Contingencies/Other Work $10,000.00 Value engineering was considered by substituting the lime stabilized sub-grade with low plasticity select fill as well as using calcium sulfate instead of cement as a binder in the flexible base. These prospective changes resulted in a net decrease in the cost of the project by $2,506.81. Accepting the substitutions, however, would increase maintenance costs over the lifespan of the street so the substitutions were rejected. The apparent low bidder was over the budgeted amount and City staff requested additional CDBG funding to augment the construction fund. After several months Harris County came back with an additional $21,625, bringing the total construction funding to $117,535. Since the initial opening ofthe bids enough time has elapsed where the contractor can amendhis/her prices due to material and labor increases. The following is the amended low bid from TEXCOR Construction reflecting these changes (the bold indicates the change): . Paving $92,332.01 + $5,927.10 . Drainage $ ~,7690.99+ 1,505-.6& . Waterline $21,834.33 + no change · Contingencies $10,000.00 + no change The amended bid total is $140,369.03. City staff has notified the contractor and it is mutually agreed that the waterline portion ofthe contract will be omitted from the contract, reducing the contract price to $118,534.70. Public Works has agreed to extend the waterline and pay for the materials, as approved. Additionally, City will provide traffic control for the project at an additional savings of$5,401.29, bringing the construction project within budget ($113,133.41). Staff recommends awarding the bid to TEXCOR Construction for the paving and drainage ofN. 2nd Street. Action Required bv Council: 1. Consider and take action on an Ordinance to award a bid in the amount of$113,133.41 to TEXCOR Construction for the paving and drainage for North 2nd Street. 2. Direct Staff to issue a notice to commence construction. A d for Ci Co ncil A enda q -- d-f) --0 ~ Date BID TABULATION - NORTH SECOND STREET EXT. #06012 MATERIALS $29,093.87 $143,698.41 OTHER CHARGES $103,842.46 $77,376.06 TOTAL $132,936.33 $221,074.47 Information represents pricing only, and other factors mayor may not be considered during the evaluation process ORDINANCE NO. 2006- 01 91l/ AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND TEXCOR CONSTRUCTION SERVICES CO., FOR PAVING AND EXTENSION OF NORTH 2ND STREET; APPROPRIATING $113,133.41 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN METTINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary, as set forth in this section. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The authority given to the City Manager to execute the contract or agreement approved by this ordinance shall expire sixty (60) days from its passage and approval. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum not to exceed $113,133.41 from the City of La Porte Grant Fund No. 032, to fund said contract. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3 This Ordinance shall be effective from and after its passage and approval, and it is so ordered. Passed and Approved this d6ff- day of ~ - , 2006. CITY OF LA PORTE By: i/'\ r---") ( .; \L. \{ \/ /__1\-. \J~" . c-\JLL__ Alton E. Porter, Mayor ATTEST: ~JJiid, 4- vl/flU/ Mart a A. Gillett, City Secretary APPROVED: ~-r~ C ark T. Askins, Assistant City Attorney HARRIS COUNTY, TEXAS COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT David B. Turkel Director 8410 Lantern Point Drive Houston, Texas 77054 Tel (713) 578~2000 Fax (713) 578-2190 July 5, 2006 The Honorable, Alton Porter Mayor of The City of La Porte 604 W. Fairmont Parkway. LaPorte, Texas 77571 Attention: Debra B. Feazelle, City Manager Re: Northside Neighborhood North Second Street Project Project Numbers: CD 2004-019 Dear Mayor Porter: The Harris County Community and Economic Development Department (HCCEDD) is in receipt of project bids, bid tabulations, and the recommendation from City Engineer, Rodney Slaton for the above-referenced project. Based on our review of the submitted documents, this office concurs with Mr. Slaton's recommendation to award the contract for the Northside Neighborhood North Second Street Extension Project to the apparent responsible bidder. Texcor Construction Services, Inc. who submitted the lowest and best bid with a base bid of $132,936.33; therefore, the City of La Porte. may issue the Notice of Award and proceed with the letting of the contract. Pursuant to the terms of Agreement between Harris County and the City of La Porte, please forward to this office for review and approval as to form, a copy of the contract for construction with T excor Construction Services, Inc prior to contract final execution. If you have any questions or comments, you may contact Ms. Millicent T. Bradford, Senior Project Monitor at (713) 578-2000. Sincerely, ~ ~~cl~ Director DBT/DAUER W/JWmb cc: Rodney Slaton, P.E. J;'lgmshareIQAIB.,.tlM\GM D"""lll"'U\Std Lel1...WFI Bid C0C10ID'\La1>ort>e 14 2nd St Bid ApprovalLtr :I.OO4-019.doc o ,nn-Galveston Area Council Office of the Executive Director September 6, 2006 RECEIVED The Honorable Alton Porter Mayor, City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 SEP 0 7 2006 CITY SECRETARY'S OFFICE Dear Mayor Porter: I am writing regarding the appointment of La Porte's representative to H-GAC's 2007 General Assembly and Board of Directors. H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not in excess of 99,999 according to the last preceding Federal Census (2000) to select one member of its governing body as its representative and one member of its governing body as an alternate to the H-GAC General Assembly. H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the General Assembly delegate. Therefore, the official chosen to serve as the General Assembly representative will also be designated to serve on H-GAC's Board of Directors. I have enclosed the appropriate form for your convenience. The 2007 designated representatives begin their terms of office at the first of January. If more information concerning General Assembly and Board of Directors membership would be useful, please contact me or Mary Spain of the staff. Thanks for your help in selecting H-GAC's 2007 General Assembly and Board of Directors. Sincerely, JS/ms ~ Jack Steele ~ 5ef~ Enclosure cc: City Secretary Dut T'?27 -2777 o 3555 TimiilC"s S:xtc Houston, Tex8;c, 77:."~;'7-0'1'::f Phone ':::..;)27 -3200 Recycled L.~luJio~. jO()lQ":L~ DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL 2007 GENERAL ASSEMBLY AND BOARD OF DIRECTORS ********************************* BE IT RESOLVED, by the City Council of La Porte, Texas that the following be and are hereby designated as the representative and alternate of the General Assembly of the Houston-Galveston Area Council for the year 2007: REPRESENTATIVE (J.1 u. ~ ~ k_r.en ALTERNATE--Barr i -EeI161-ey FURTHER THAT, they are hereby, designated as the representative and alternate to the Board of Directors of the Houston-Galveston Area Council for the year 2007. THAT, the Executive Director of the Houston-Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED, this the :J::J!!:day of 5Pv>t~LhJ).t( ,2006. APPROVED: r"--'--- \ "\lLL" (J \ \~~- \_"~\.&v'-C->; . ~ Mayor ATTEST: Ltr;~$/ E REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 25. 2006 Bude:et Requested By: MikP Rml'J~e Source of Funds: Department: }:irl~ Departmeut Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Port of Houston Fire Protection Contract Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION The Port of Houston has agreed to continue to contract secondary fire protection from the City of La Porte for their Barbour's Cut Facility. Staff has reviewed the proposed contract and found it to be basically the same structured document, with only minor changes in the fee for services, which were lower than last year's contract. This change was attributed to there being fewer employees at the Barbour's Cut Facility this year. The total amount of the contract is not to exceed $21,658.85, commencing November 1, 2006 ending October 31,2007, unless cancelled by either party. Action Required bv Council: Approve or not approve contract. {(-~O rO~ Date ORDINANCE NO. 2006- cJ...145 AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY, FOR PROVIDING SECONDARY FIRE SUPPRESSION SERVICES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby approves and authorizes the agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2 . The City Council of the City of La Porte officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 2006- ~ CfLf) PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this l:1t day of September, 2006 CITy OO:1:Rr.'P~ Alton E. Porter, Mayor By: APPROVED: ~-r rt~ C ark T. Askins, Assit. City Attorney 2 CONTRACT STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: This Contract made and entered into by and between the CITY OF LA PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County, Texas hereinafter referred to as "PORT". WITNESSETH: WHEREAS, PORT is in need of certain governmental services for the benefit of the people and property at its Barbour's Cut Terminal; and WHEREAS, LA PORTE is able and willing to provide said governmental services to PORT, upon the terms, conditions, and covenants herein contained; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows; 1. For and during the year beginning on the 1st day of November 2006, and ending on the 31st day of October 2007, LA PORTE agrees to furnish to PORT, the secondary fire suppression services hereinafter more specifically described. This Contract shall remain in effect after October 31, 2007 until canceled by either party hereto giving ninety (90) days written notice to the other party hereto. II. For and in consideration of the governmental services to be provided by LA PORTE, PORT agrees to pay LA PORTE the monthly sum of ONE THOUSAND EIGHT HUNDRED FOUR AND 90/100 DOLLARS ($1804.90). Such charges are based on a $14.11 per person fee and are to be paid in full by PORT to LA PORTE, on or before the tenth day of the month following the month in which such services are rendered The total amount of the contract is not to exceed the amount of TWENTY ONE THOUSAND SIX HUNDRED FIFTY -EIGHT AND 85/100 DOLLARS ($21,658.85) ANNUAL COST OF CONTRACT ADmSTMENT- The cost of the contract shall be based on an Average Daily Population ("ADP") of personnel working at Barbours Cut Terminal. The cost of contract adjustment shall be calculated by multiplying the negotiated per person fee by the negotiated ADP for the contract year, and shall be subject to review and adjustment annually, commencing November 1,2007. III. LA PORTE will not be liable for loss or damage to person or property arising from or caused by or resulting from alleged negligence of LA PORTE, its officers, employees, or volunteers, in carrying out this contract. PORT agrees to release and hold harmless, from any such claim for loss or damage by itself, or by any person, firm, corporation, or association, in connection with this contract. PORT further agrees to reimburse LA PORTE the fair market value of any of LA PORTE'S equipment damaged or destroyed while engaged in fire suppression services on behalf of PORT hereunder. IV. PORT shall provide primary fire suppression service, which routinely includes nuisance type ftre calls, and Life Flight landings. LA PORTE agrees to provide secondary fire suppression services for structural fires, rescue calls beyond the capacity of the PORT, and catastrophic events within PORT'S Barbour's Cut Terminal, (but not including on board vessel fires), for the term of this Contract, upon the terms and conditions herein contained, when in the judgment of PORT employees, such service is necessary to deal with a specific emergency. v. Sole discretion will rest with the LA PORTE Fire Chief, or his duly authorized assistants, as to the personnel and equipment that will answer each call for assistance from the PORT, provided that protection will be adequate (meaning reasonable protection, considering available personnel and equipment of LA PORTE'S Fire Department). VI. PORT agrees to authorize LA PORTE duly authorized officers the right to inspect or tour property within PORT'S Barbour's Cut Terminal, with a member of the PORT'S management or marine operations present. Additionally, during calls for assistance, LA PORTE will determine safe operation areas on Port property that include, but are not limited to, closure of roadways, trucks, cranes, tractors, etc. for the protection of LA PORTE'S personnel and equipment. VII. This Contract shall become effective at 12 am Central Time, on the 1st day of Novemberr 2006, and shall remain in full force and effect until the 31 st day of October 2007, unless otherwise cancelled as provided in Paragraph I above. This Contract is entered into subject to the Charter and Ordinances of the City of LA PORTE and all applicable State and Federal Laws. EXECUTED IN DUPLICATE ORIGINALS, as of this the;? ~ay of ~ . ,2006. ATTEST: CITY OF LA PORTE BAlfvwf3~ City Manager By4/41/td. (dJJ1J ity Secretary PORT OF HOUSTON AUTHORITY By: Executive Director APPROVED AS TO FORM: APPROVED: Counsel Director of Operations FUNDS ARE AVAILABLE TO MEET TillS OBLIGATION WHEN DUE: Harris County Auditor f REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 25.2006 Requested By: Michael Dolbr ~ Department: Finance Appropriation Source of Funds: N/A Account Number: N/A Report: Resolution: X Ordinance: Amount Budgeted: N/A Exhibits: Resolution Amending Authorized Amount Requested: Nt a. Representatives of the City of La Porte Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION The Public Funds Investment Act (PFIA) of 1987 requires that governing bodies designate by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the entity to be responsible for the investment of its funds consistent with the investment policy adopted by the entity. The City of La Porte currently recognizes the Assistant City Manager, Assistant Finance Director, and Budget/Investment Officer as Investment Officers. We need to amend previous resolutions authorizing representatives to add the Controller as an Authorized Representative to perform transactions for the City of La Porte with the three investment pools, TEXPOOL, LOGIC and TexStar. Additionally, we need to remove the Assistant City Manager, due to the retirement of Cynthia Pearson. This individual has received the required training as mandated by the PFIA. Along with the Resolution to Amend Authorized Representatives required by TexPool, the required forms for LOGIC and TexSTAR are included. Action Required bv Council: Approval of Resolution Amending Authorized Representatives. r -dD -f) ( Date -,LJ RESOLUTIO~-~ A RESOLUTION AMENDING AUTHORIZED REPRESENTATIVES TO THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL ("TEXPOOL") FOR THE CITY OF LA PORTE, TEXAS; MAKING CERTAIN FINDINGS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEROF. WHEREAS, The City of La Porte, 77670 (Participant) is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS, it is in the best interest of the Participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act; and WHEREAS, the Texas Local Government Investment Pool ("TEXPOOL"), a public funds investment pool, was created on behalf of entities whose investment objective in order of priority are preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SECTION 1. That the individuals, whose signatures appear below, are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in TEXPOOL and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. SECTION 2. That an Authorized Representative of the Participant may be deleted by a written instrument signed by all remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the Participant's TEXPOOL account or (2) in no longer employed by the Participant; and SECTION 3. That the participant may by Amending Resolution signed by the Participant add an Authorized Representative provided the additional Authorized Representative is an officer, employee, or agent of the Participant; SECTION 4. Following is a list of the Authorized Representatives of the Participant. These individuals will be issued P.I.N. numbers. Signature Name: Michael Dolby Name: Shelley Wolny Title: Bud e ~ ') 11 '/7 Signature tutti J..3' L(;(Qj(/}L(f- Name: Phyllis Rinehartq. . ,..Tltle: Control.ler Sign at e ~LltL) a'1t~{lLt f The Authorized Representative with primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participation Agreement is Phyllis Rinehart. SECTION 5. The City Council officially finds, determines, recites and declares that sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION 6. Additionally, this resolution and its authorization shall continue in full force and effect until amended or revoked by the Participant, and until TEXPOOL receives a copy of any such amendment or revocation. PASSED, APPROVED AND RESOLVED this the ~th day of ~ 2006. CITY OF LA PORTE, TEXAS (\ (' '0,\ tlJd. \ k'L I.~/J --.- ~ ' .' -. ~ I' By: .... l...:....., \ .I-- Alton Porter, Mayor ATTEST: By: Y!1N}L tfiatl Martlia Gillett City Secretary APPROVED: By: {~T~ ~ ~ox Askins -/ZJr ~ WI ~ CIty Attorney ADDITION/DELETION FORM FOR AUTHORIZED REPRESENTATIVES LOCATION NUMBER: 25508 EFFECTIVE DATE: 10- C( - 2C(;l? PARTICIPANT NAME: City of La Porte PART I: DELETIONS - Please enter the names of the individual(s) to be Representatives. as Authorized PRINTED NAME PRINTED NAME I 1. Cynthia Alexander 3. Inquiry Only Representative* 2. Lori Langelier PART II: ADDITIONS - Please enter the names of the individual(s) to be Representatives. as Authorized PRINTED NAME TITLE SIGNATURE Phyllis Rinehart Controller at:P~c;t;Jzcu,j PART III: APPROVALS - Please enter the names of ai/individuals who are currently Authorized Representatives and who authorize the deletions and additions of the individuals above. Michael Dolby Interim Director of Finance Shelley Wolny Budget/Investment Officer Page 1 TexSTAR~ ADDITION/DELETION FORM FOR AUTHORIZED REPRESENTATIVES PART IV: PRIMARY CONTACT - If the Primary Contact on file with TexSTAR was deleted in Part I of this form, please provide the name of the Authorized Representative that will be the Primary Contact. The Primary Contact is the individual who will receive the daily transaction confirmations, monthly statements, monthly newsletter, TexSTAR Updates and other TexSTAR mailings. [required] Name: Email Address: Phone Number: PART V: INQUIRY ONLY - If an Inquiry Only Representative was deleted in Part I and you wish to replace this representative or add an inquiry only representative to your TexSTAR account for the first time, please list this individual below. This limited representative cannot make deposits or withdrawals or sign Bank Information Sheets. [optional] PRINTED NAME TITLE SIGNATURE If you have any questions regarding this form or the Authorized Representatives currently on file with TexSTAR for your entity, please contact TexSTAR Participant Services at 1-800-839-7827. Page 2 LOGIC ADDITION/DELETION FORM FOR AUTHORIZED REPRESENTATIVES TAX 10 NUMBER: 74-6001552 EFFECTIVE DATE: I 0 -Ol~- )cOlo PARTICIPANT NAME: City of La Porte PART I: DELETIONS - Please enter the names of the individual(s) to be deletedas Authorized Representatives. PRINTED NAME PRINTED NAME 1. Cynthia Alexander 3. 2. Lori Langelier PART": ADDITIONS - Please enter the names of the individual(s) to be added as Authorized Representatives. Inquiry Only Representative* PRINTED NAME TITLE SIGNATURE Phyllis Rinehart Controller c;;~ ~~J PART III: APPROVALS - Please enter the names of all individuals who are currently Authorized Representatives and who authorize the deletions and additions of the individuals above. Michael Dolby Interim Director of Finance Shelley Wolny Budget/I nvestment Officer Page 1 LOGIC PART IV: PRIMARY CONTACT - If the Primary Contact on file with LOGIC was deleted in Part I of this form, please provide the name of the Authorized Representative that will be the Primary Contact. The Primary Contact is the individual who will receive the daily transaction confirmations, monthly statements, monthly newsletter, LOGIC Updates and other LOGIC mailings. [required] Name: Email Address: Phone Number: PART V: INQUIRY ONLY - If an Inquiry Only Representative was deleted in Part I and you wish to replace this representative or add an inquiry only representative to your LOGIC account for the first time, please list this individual below. This limited representative cannot make deposits or withdrawals or sign Bank Information Sheets. [optional] PRINTED NAME TITLE SIGNATURE If you have any questions regarding this form or the Authorized Representatives currently on file with LOGIC for your entity, please contact LOGIC Participant Services at 1-800-895-6442. Page 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 25, 2006 Requested By: Michael Dolb~ Department: Finance .. Appropriation Source of Funds: N/A Account Number: N/A Report: Resolution: Ordinance: x Amount Budgeted: N/A Exhibits: Amount Requested: N/A Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The City Council adopted the Fiscal Year 2005-06 Budget on August 22,2005. The Summary of Funds, which is shown below, represents the amendments which council previously approved to the FY 2005-06 Budget. (*denotes funds with current changes) Revised 2006 (Amended w/ Proposed Original Budget FY 2007Budget) Amended Budget General Fund $ 25,987,077 $ 27,280,748 $ 27,280,748 Grant Fund 2,793,931 1,279,794 1,279,794 Hotel/Motel Occupancy Tax 334,280 729,233 745,228 * Community Investment 190,000 140,728 140,728 La Porte Development Corporation 740,060 740,060 740,060 Tax Increment Reinvestment Zone 36,000 36,000 36,000 Utility 6,774,071 6,566,704 6,566,704 Sylvan Beach 208,683 248,516 248,516 Airport 241,443 10,043 10,043 La Porte Area Water Authority 1,693,956 1,032,067 1,032,067 Golf Course 1,240,740 1,158,149 1,158,149 Motor Pool 1,661,304 2,397,651 2,397,651 Insurance Fund 4,017,103 4,460,139 4,460,139 Technology Fund 956,611 955,839 955,839 General Capital Improvement 433,500 1,509,497 1,509,497 Utility Capital Improvement 715,000 3,551,579 3,551,579 Sewer Rehabilitation Capital Improvement 330,000 262,643 262,643 Infrastructure Fund 705,000 1,204,600 1,204,600 1998 General Obligation Bond Fund 1,207,639 1,566,623 1,566,623 2000 General Obligation Bond Fund 1,160,000 1,638,036 1,638,036 2002 General Obligation Bond Fund 732,789 320,457 320,457 2004 Certificate of Obligation Bond Fund 10,000 1,008,299 1,008,299 2005 Certificate of Obligation Bond Fund 1,800,000 10,191,600 10,191,600 2005 General Obligation Bond Fund 7,700,000 5,700,000 5,700,000 2006 Certificate of Obligation Bond Fund 1,200,000 1,200,000 2006 General Obligation Bond Fund 449,650 449,650 General Debt Service 2,190,671 2,421,752 2,421,752 Utility Debt Service 381,712 292,712 292,712 La Porte Area Water Authority Debt Service 771,719 771,719 771,719 Total of All Funds $ 65,013,289 $ 79,124,838 $ 79,140,833 Action Required bv Council: Adopt Ordinance Amending Fiscal Year 2005-06 Budget for $15,995 in the Hotel/Motel Fund to expend donation monies held in an escrow account for Triathlon expenditures. The donations were held in the escrow account until the expenditures were made. The expenditures have caused the line item to exceed the FY 2006 budget and the estimate was not included when the revised projections were taken before council with the FY 2007 Budget. Therefore, the budget needs to be amended for these expenditures. The revenues will also be increased by the donation monies previously held in the escrow account to offset the increase in the expenditure budget. ~a q --do-Dk Date ORDINANCE NO. 2836-E AN ORDINANCE AMENDING THE FISCAL YEAR 2005-06 ADOPTED BUDGET OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Consistent with Chapter 102, Section 102.010 of the Local Government Code, the Budget adopted by the City Council of the City of La Porte on the 22nd day of August, 2005, in Ordinance No. 2005-2836, is hereby amended. The Budget as amended is attached to this Ordinance as Exhibit "A" and is incorporated by reference herein as if set forth herein verbatim. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code i and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section I sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part thereof, may be declared invalid. Section 4. This Ordinance shall be effective upon its passage and approval, and it is so ordered. The City Secretary shall cause the Budget as amended to be filed with the County Clerk of Harris County, Texas, and copies of the amended Budget to be readily available to City Departments, as well as the general public. PASSED AND APPROVED, this ~ day of 5cJpr. , 2006. CI11 OF LA P~ Ltt~~~~ I~ , By: Alton E. Porter, Mayor ATTEST: ~o.M Martha A. Gillett City Secretary APPROVED: ttxA r ~ Knox W. Askins City Attorney ~~bit- A (~~ ':t~ ) City of La Porte Consolidated Summary of All Funds Working Working Capital FY 05-06 FY 05-06 Capital 09/30/05 Revenues Expenses 09/30/06 Governmental Fund Types: General Fund 7,102,252 25,987,077 25,987,077 7,102,252 Grant Fund 1,766 2,793,93 I 2,793,931 1,766 HotellMotel Occupancy Tax 569,749 250,590 334,280 486,059 Community Investment 76,706 135,377 190,000 22,083 Section 4B Sales Tax 3,570,274 I, I 82,890 740,060 4,013,104 Tax Increment Reinvestment 151,844 43,850 36,000 159,694 Total Governmental Types 11,472,591 30,393,715 30,08 I ,348 I 1,784,958 Enterprise: Utility 773,358 6,432,721 6,774,071 432,008 Sylvan Beach 148,201 210,510 208,683 150,028 Airport 299,461 4 I ,408 24 1,443 99,426 La Porte Area Water Authority 1,546,358 1,172,713 1,693,956 1,025,115 Golf Course (60,201) 1,255,635 1,240,740 (45,306) Total Enterprise 2,707,177 9,112,987 10, I 58,893 1,661,271 Internal Service Motor Pool 1,960,887 1,85 I ,330 1,661,304 2,150,913 Insurance Fund 1,210,784 3,987,477 4,017,103 1,181,158 Technology Fund 661,979 986, I 72 956,6 I I 69 1,540 Total Internal Service 3,833,650 6,824,979 6,635,018 4,023,61 I Capital Improvement: General 410,841 28,000 433,500 5,341 Utility 1,182,115 432,062 715,000 899,177 Sewer Rehabilitation 24,900 305,100 330,000 1998 GO Bond Fund 1,187,639 20,000 1,207,639 2000 GO Bond Fund 1,252,143 5,000 I, I 60,000 97,143 2002 GO Bond Fund 786,637 20,000 732,789 73,848 2004 C/O Bond Fund 1,105,012 40,800 10,000 1,135,812 2005 C/O Bond Fund 1,800,000 1,800,000 2005 GO Bond Fund 7,700,000 7,700,000 Other Infrastructure 1,068,624 17,000 705,000 380,624 Total Capital Improvement 7,017,91 I 10,367,962 14,793,928 2,59],945 Debt Service: Genera] 1,304,595 2,339,549 2, I 90,67 I 1,453,473 Utility 38],7]2 402,562 381,712 402,562 La Porte Area Water Authority 771,7]9 771,719 Total Debt Service 1,686,307 3,5]3,830 3,344, I 02 ] ,856,035 Total All Funds 26,717,636 60,213,473 65,013,289 21,917,820 PREPARED 08/03/2006, 15:01:06 ACCOUNT ACTIVITY LISTING PAGE 1 PROGRAM GM360L ACCOUNTING PERIOD 10/2006 CITY OF LA PORTE ------------------------------------------------------------------------------------------------------------------------------------ GROUP PO ACCTG ----TRANSACTION---- YTD/CURRENT YTD/CURRENT TRANSACTION CURRENT NBR NBR PER. CD DATE NUMBER DESCRIPTION ESTIM/APPROP ENCUMBRANCE AMOUNT BALANCE ------------------------------------------------------------------------------------------------------------------------------------ FUND 037 HOTEL/MOTEL OCCUPANCY 037-0000-202.06-25 PARKS & REC ESCROWS / SAN JACINTO TRIATHLON .00 15,995.00 6397 08/06 CR OS/24/06 0096798 TRIATHLON 1,330.00 TX_ALLEN OS/24/06 30 5964 08/06 CR 05/10/06 0092360 TRIATHLON 6,380.00 TX_ALLEN 05/10/06 30 5538 07/06 CR 04/21/06 0086055 TRIATHLON 80.00 TX_ALLEN 04/21/06 30 5538 07/06 CR 04/21/06 0086098 TRIATHLON 4,670.00 TX_ALLEN 04/21/06 30 5538 07/06 CR 04/21/06 0086108 TRIATHLON 80.00 TX_ALLEN 04/21/06 30 5538 07/06 CR 04/21/06 0086109 TRIATHLON 80.00 TX_ALLEN 04/21/06 30 5538 07/06 CR 04/21/06 0086120 TRIATHLON 65.00 TX_ALLEN 04/21/06 30 5415 07/06 CR 04/11/06 0082013 TRIATHLON-GLORIA S 60.00 TX_ALLEN 04/11/06 30 5415 07/06 CR 04/11/06 0082013 TRIATHLON-SAMATHA 60.00 TX_ALLEN 04/11/06 30 5415 07/06 CR 04/11/06 0082013 TRIATHLON=HAROLD S 60.00 TX_ALLEN 04/11/06 30 5415 07/06 CR 04/11/06 0082014 TRIATHLON-RICHARD 80.00 TX_ALLEN 04/11/06 30 5015 06/06 CR 03/31/06 0078998 TRIATHLON 65.00 TX_ALLEN 03/31/06 30 5006 06/06 CR 03/30/06 0077973 TRIATHLON 80.00 TX_ALLEN 03/30/06 30 4977 06/06 CR 03/28/06 0076807 TRIATHLON 80.00 TX_ALLEN 03/28/06 30 4977 06/06 CR 03/28/06 0076827 TRIATHLON 50.00 TX_ALLEN 03/28/06 30 4920 06/06 CR 03/24/06 0075503 TRIATHLON 65.00 TX_ALLEN 03/24/06 30 4959 06/06 CR 03/23/06 0074931 TRIATHLON 65.00 TX_ALLEN 03/23/06 30 4959 06/06 CR 03/23/06 0074932 TRIATHLON 50.00 TX_ALLEN 03/23/06 30 4959 06/06 CR 03/23/06 0074933 TRIATHLON 65.00 TX_ALLEN 03/23/06 30 4959 06/06 CR 03/23/06 0074942 TRIATHLON 65.00 TX_ALLEN 03/23/06 30 4959 06/06 CR 03/23/06 0074951 TRIATHLON 50.00 TX_ALLEN 03/23/06 30 4959 06/06 CR 03/23/06 0074963 TRIATHLON 65.00 TX_ALLEN 03/23/06 30 4959 06/06 CR 03/23/06 0074985 TRIATHLON 65.00 TX_ALLEN 03/23/06 30 4959 06/06 CR 03/23/06 0074993 TRIATHLON 50.00 TX_ALLEN 03/23/06 30 4959 06/06 CR 03/23/06 0075006 TRIATHLON 65.00 PREPARED 08/03/2006, 15:01:06 PROGRAM GM360L CITY OF LA PORTE ACCOUNT ACTIVITY LISTING PAGE 2 ACCOUNTING PERIOD 10/2006 ------------------------------------------------------------------------------------------------------------------------------------ GROUP PO ACCTG ----TRANSACTION---- NBR NBR PER. CD DATE NUMBER DESCRIPTION YTD/CURRENT ESTIM/APPROP YTD/CURRENT ENCUMBRANCE TRANSACTION AMOUNT CURRENT BALANCE ------------------------------------------------------------------------------------------------------------------------------------ FUND 037 HOTEL/MOTEL OCCUPANCY 037-0000-202.06-25 PARKS & REC ESCROWS / SAN JACINTO TRIATHLON continued TX ALLEN 03/23/06 30 4700 06/06 CR 03/20/06 0073694 TRIATHLON ENTRIES 65.00 TX ALLEN 03/20/06 30 4537 06/06 CR 03/14/06 0071405 TRIATHLON 1,520.00 TX ALLEN 03/14/06 30 4276 06/06 CR 03/06/06 0068721 SAN JACINTO TRIATH 65.00 TX ALLEN 03/06/06 30 4180 05/06 CR 02/28/06 0065195 TRIATHLON 65.00 TX ALLEN 02/28/06 30 3857 05/06 CR 02/16/06 0060365 TRIATHLON 455.00 TX ALLEN 02/16/06 30 ACCOUNT TOTAL .00 15,995.00 FUND TOTAL 0 .00 15,995.00 .00 GRAND TOTAL 0 .00 15,995.00 .00 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 25. 2006 Appropriation Requested By: fiphrll FplI7.pllp Source of Funds: Community Investment Department: Administration A Account Number: 036-6061-565-5014 Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Ordinance 2006- Amount Requested: $20,000 Exhibits: Ae:reement with The Alliance Budgeted Item: Yil1S NO Exhibits: SprvicP!l Rpport to the City of I ,II Porte Oct. 1, 2005 - Sept. 30, 2006 Exhibits: SUMMARY & RECOMMENDATION The Economic Alliance Houston Port Region has focused their efforts on providing services to the City of La Porte and other cities/areas along the ship channel. Attached is the Services Report to the City of La Porte from The Alliance for the past year. The fee is $20,000/yr payable in two installments, 151 within 30 days of effective date of Agreement and 2nd within 30 days of the semi-annual meeting and first progress report. The term of the Agreement is changed from 1 year to 36 months (3 years). It includes provisions for termination of convenience by the City and termination for cause by either the City or The Alliance. Section 3.01: m. has been added and stating; The City will be included as a participant in the Alliance's economic development initiative Project Stars, which focuses upon regional marketing and regional aesthetic improvements within the San Jacinto Texas Historic District. We have found The Alliance to be very open, visible and active in providing services that are specific to promoting regional economic development services. They have met the expectations of the past Agreement and request approval for this revised agreement. Action Required bv Council: Staff recommends approval of Ordinance 2006-_ approving an Agreement with The Alliance to provide economic development services. tl--cUJ- ?J0 De Date Ordinance No. 2006-,;2.. q 46 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LAPORTE AND THE ECONOMIC ALLIANCE HOUSTON PORT REGION, ("CONTRACTOR"), A TEXAS NON-PROFIT CORPORATION; FOR ECONOMIC DEVELOPMENT SERVICES; APPROPRIATING NOT TO EXCEED $20,000 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. ************* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAPORTE: Section 1. The City Council hereby approves and authorized the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all documents. City Council appropriates the sum not to exceed $20,000 from the City of La Porte Community Investment Fund Account No. 036-6061-565-5014 to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof 1 has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 28th day of September 2006. CITY OF LA PORTE (\ >. r)-t ~l~ ~/~ \ ~.)~ By: Alton E. Porter, Mayor ATTEST: , ~1A4.tlM Martha A. tIlett, CIty Secretary APPROVED: ~ 7: /la4..:, ~ ~w. ~ ox W. Askms, CIty Attorney 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested September 25, 2006 Requested By: Robert Swanagan Appropriation Source of Funds: Department: H'lmaa Re~Q'lrCe~ Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Amount Requested: Exhibits: Recommendations of Chapter 172 SUMMARY & RECOMMENDATION Approve or deny changes recommended by the Chapter 172 as attached in Exhibit A and Exhibit B and discussed at the September II, 2006 Council Meeting. The items you directed to bring back regarding incentive options and medical disability will be on the 10/9/2006 Council agenda as a workshop items. Action Required bv Council: Amend personnel policy handbook and approve or deny changes recommended by the Chapter 172 Board. A ~ - d-{) - ()(, Date ( ORDINANCE NO. 2004-2781-C ~D- O\.{ ~ AN ORDINANCE ADOPTING AN AMENDMENT TO THE CITY OF LA PORTE EMPLOYEE POLICIES HANDBOOK BY AMENDING SECTION 9A, "RETIREE MEDICAL GOVERAGE"; PROVIDING FOR THE TERMS AND CONDITIONS OF RETIREE MEDICAL COVERAGE; PROVIDING AN EFFECTIVE DATE OF SAID AMENDMENT; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City of La Porte Employee Policies Handbook is hereby amended, by amending Section 9A, "Retiree Medical Coverage", as shown on Exhibit A attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. If any provisions, section, subsection, sentence, clause, or phrase of this ordinance or amendment of the City of La Porte Employee Policies Handbook hereby adopted, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this new Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any constitutionality, voidness or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. Except as amended by this ordinance, Section 9A, "Retiree Medical Coverage", of the City of La Porte Employee Policies Handbook, shall remain in full force and effect. Section 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. Passed and Approved this _ day of ,2006. CITY OF LA PORTE By: Alton E. Porter, Mayor ATTEST: Martha Gillet, City Secretary APPROVED: ~ T -~~~ Clark 1. Askins, Assistant City Attorney Exhibit A 9 A Retiree Medical Coverage 1. The following persons are eligible for retiree medical coverage: A. Present retirees of the City of La Porte receiving retirement annuities as a qualified annuitant under the Texas Municipal Retirement System, who have retired in accordance with the City of La Porte Employee Policies Handbook; and were employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, which working for a new employer offering a health Ian 0 tion. All a licable costs of the plan will still a pI . . Retirees who are self- employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. B. City employees who retire from the City of La Porte employment on or before December 31,2005, as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 10 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re- employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, which working for a new employer offering a health plan 0 tion. All ap licable costs of the plan will still apply. and al Retirees who are self-employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. C. City employees who retire from City of La Porte employment on or after January 01,2006 and (1) who have a combination of years of service with the City of La Porte, plus age, totaling 80; and (2) who retire as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 20 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte, or for retirees re-employed with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, while workin for a new employer offering a health plan option. . All applicable costs of the Plan will still apply. For those retirees who are self-employed, occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on a cost schedule determined by years of service, as established under Section 5, "Premiums", of this chapter. D. City employees meeting the eligibility requirements for (1) disability retirement under the Texas Municipal Retirement System Act and (2) have been declared permanently disabled under the Social Security Act, and have elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which shall be secondary to Medicare benefits, provided they have worked for the City of La Porte for ten (10) continuous years at the time of disability determination. Costs associated with retirement under this tier shall be 75% of the city cost. 2. The retiree and dependent coverage will be primary for those participants not yet qualified for Medicare. The coverage will be secondary for those retirees and retirees' dependents who are Medicare eligible. The Retiree and dependant coverage will be secondary for Retirees with 30 or more years tenure with the City of La Porte, who have employer sponsored health coverage available through their new employer, or for retirees reemployed with the City of La Porte, as hereinabove provided. If a covered retiree dies, dependents may continue coverage until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarried children financially dependent upon the covered retiree is 25 years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter.=. 3. Retirees who work for another employer offering health coverage shall not be eligible for retiree health coverage from the City after their subsequent employment ends, regardless of the length of service with the subsequent employer. 4. Retirees who delay their retirement annuity shall not be eligible for retiree health coverage from the City. 5. Premiums: The City of La Porte utilizes a self-funded medical plan so there are no formal premiums paid for health coverage. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. The Total Premium Cost is the Total annual dollar allocated each year by budget as approved by City Council for the City of La Porte for Health Insurance for each employee, including employee and employer contributions. Costs to the retiree, retiring on or after January 01, 2006, shall be based on a cost schedule determined by years of service, s At least 20 years of service Retiree pays 60% of city cost + Dependent premiums At least 21 years of service Retiree pays 55% of city cost + Dependent premiums At least 22 years of service Retiree pays 50% of city cost + Dependent premiums At least 23 years of service Retiree pays 45% of city cost + Dependent premiums At least 24 years of service Retiree pays 40% of city cost + Dependent premiums At least 25 years of service Retiree pays 35% of city cost + Dependent premiums At least 26 years of service Retiree pays 30% of city cost + Dependent premiums At least 27 years of service Retiree pays 25% of city cost + Dependent premiums At least 28 years of service Retiree pays 20% of city cost + Dependent premiums At least 29 years of service Retiree pays 15% of city cost + Dependent premiums At least 30 years of service Retiree pays 10% of city cost + Dependent premiums Eligible dependents include: Your lawful spouse who is legally married to and living with you; natural children; stepchildren; children who, before reaching the age of 18, are either adopted by you; or other children for whom you have care, custody and control under court decree. A dependent child must be unmarried and rely on you for primary support and maintenance. Dependent children remain eligible until age 25. 6. Retirees may not add dependents once retired. There are no qualifying events to add dependents. Dependents may be dropped by written request at any time. 7. Retirees shall pay all required contributions to the City by the 15th of the month of coverage. One annual statement will be mailed to retirees for selection of payment plan: annual, bi-annual, quarterly or monthly. Failure to pay the required contribution will result in termination of the member's participation in the City of La Porte sponsored health plan. Payment delayed beyond 60 days will initiate COBRA notification for continuation of health coverage once the member is terminated from the Plan. CVhlbl-)B CHAPTER 172 EMPLOYEE RETIREE INSURANCE AND BENEFITS BOARD RECOMMENDATIONS TO CITY COUNCIL FROM THURSDAY, AUGUST 10, 2006 MEETING: 1. Recommends that Flexible Spending Accounts with the Debit Cards be added to our plan. 2. We do. not recommend the Individual Child Premium Load. We could make a 5th tier in a 4 tier structure with specific language that says dependent children can remain on the insurance to age 25 if they are a student and not married. 3. We do not recommend the 10% Cost Savings with Plan Design Changes 4. Recommends a one-time deferral at the discretion of the Retiree with a spousal provision as outlined in COBRA. Which is: If a Retiree is carrying their spouse at retirement then the spouse could re-enter when the retiree re-enters. 5. Recommends that Retiree OverlUnder 65 Calculation not be used and remain as it is. 6. Recommends both Incentive Plans as potential Recruitment Incentives with the City Council determining which one it wants to adopt, or a combination of both. 7. Recommends the current method of making the Retiree Calculations continue with clarification of language regarding City budgeted cost and that the coverage % discount amount applies only for retirees, not dependents. Also, the proposed Calculator that Neal is developing be implemented to allow any employee to be able to get an estimate of their insurance cost and their dependents cost at the current year budgeted City cost and for one additional year. City of La Porte EMPLOYEE POLICIES HANDBOOK Effective January 1, 2004 (9-25-06) CONTENTS I. General Provisions 1. Introduction 4 2. Equal Employment Opportunity 5 3. Policy Against Harassment 5 4. Applicability 6 5. Definitions 6 II. Employment and Appointments 1. PROMOTIONS 8 2. TEMPORARY PROMOTIONS 8 3. TRANSFERS 8 4. ADMINISTRATIVE TRANSFERS 9 5. LATERAL TRANSFERS-INTER DEPARTMENTAL 9 6. LATERAL TRANSFERS - INTRA DEPARTMENTAL 9 7. VOLUNTARY DEMOTIONS 9 8. INVOLUNTARY DEMOTIONS 10 9. ApPOINTMENTS 10 10. EMERGENCY TEMPORARY ApPOINTMENTS 11 11. BENEFITS 11 12. INTRODUCTORY EMPLOYMENT PERIOD 11 13. NEPOTISM 11 14. RESIDENCE 12 III. Compensation and Benefits 1. POSITION CLASSIFICATIONS 13 2. SALARY ADMINISTRATION 13 3. METHOD OF PAYMENT 13 4. SEPARATION PAY 13 5. OVERTIME PAY 13 6. STANDBY PAY 14 7. LONGEVITY PAY 14 8. JURY DuTY 15 9. RETIREMENT 15 10. CERTIFICATION PAY 15 11. EDUCATION REIMBURSEMENT 15 12. Emergency Pay Policies 16 IV. Leaves and Absence 1. Hours of Work 21 2. Attendance 22 Employee Policies Handbook/Page 2 3. Excused Absence 22 4. Unexcused Absence 22 5. Repeated Unexcused Absences 23 6. Holidays 23 7. Vacation Leave 24 8. Sick Leave 25 9. Military Leave 26 10. Bereavement Leave 27 11. Administrative Leave 27 12. Leave Without Pay 27 13. FMLA Leave 27 14. ABSENCE IN EXCESS OF 120 CALENDAR DAYS 30 V. Regulations and Conduct 1. Standards of Job Performance and Conduct 31 2. Work Standards 31 3. Misconduct 31 4. Personal Appearance 32 5. Employee Financial Obligations 32 6. Operation of City Owned Vehicles and Equipment 32 7. Outside Employment 32 8. Use of City Property 33 9. Smoking 33 10. Drugs and Alcohol 33 VI. Discipline, Reviews, and Complaints 1. Discipline 34 2. Employee Complaints 37 3. Texas Whistle Blowers Act 37 VII. Non-Disciplinary Termination 1. Voluntary Termination 38 2. Inability to Perform Job 38 3. Termination due to Reorganization or Economics 38 VIII. Personnel Records and Searches 1. Personnel Files 39 2. Searches 39 IX. Retiree Medical Coverage 39 Employee Policies Handbook/Page 3 I. GENERAL PROVISIONS 1. Introduction This Employee Policies Handbook is intended to give you information about the main features of the City of La Porte's employment policies, benefits and certain other general information. It does not and is not intended to cover all these matters in detail. The policies contained in the Employee Policies Handbook are not intended to create, nor are they to be construed to constitute, a contract between the City of La Porte and its employees. Nothing contained in these policies shall create an entitlement to, or property interest in, continued employment with the City. This policy manual supersedes any and all previous personnel policy manuals approved or utilized by the City of La Porte and becomes effective January 1, 2004. Department or division regulations or procedures relating to employment matters that were adopted prior to the date of these policies remain in effect, to the extent they are not in conflict with these policies. After the date of the adoption of these policies, City departments or divisions may adopt, delete, or modify written procedures relating to employment matters that are needed for the efficient operation of the department or division if not in conflict with the policies contained in the Employee Policies Handbook. The City Manager is vested with the general authority and responsibility for the conduct and administration of municipal affairs. This authority does not supersede matters of appointment reserved to the City Council by City Charter provisions. The City Manager, or designated appointee, is responsible for appointments to all positions and the establishment and maintenance of standards of efficiency. Final authority in the form of review and approval is reserved by the City Manager with regard to all matters of subjects covered by these policies. This policy manual is not intended to be the only source of City information. From time to time, you will receive additional information from your Department Director, Supervisor, and from other City publication programs. While every effort is made to make this policy manual comprehensive, it is not possible to include all details and possible exceptions to general rules. In that regard this policy manual is a guide, and not a binding legal document. The City of La Porte reserves the right to modify, revoke, suspend, terminate, or change any or all such policies and practices, in whole or in part, at any time, with or without notice. Employee Policies Handbook/Page 4 2. Equal Employment Opportunity It is the City's policy to provide equal employment opportunities for all applicants and employees. The City does not unlawfully discriminate on the basis of race, color, religion, sex, national origin, ancestry, age, disability, or veteran status. This policy applies to all areas of employment including recruitment, hiring, training, promotion, retention, compensation, benefits, transfer, and discipline. Any incident of discrimination should be reported to the employee's supervisor, division manager, department director, or human resources. Human Resources is responsible for investigating the matter. 3. Policy Against Harassment The City is committed to providing a workplace free of sexual harassment or harassment based upon race, color, religion, national origin, ancestry, age, disability, or veteran status. The City strongly disapproves of and will not tolerate harassment of employees by managers, supervisors, or co-workers. The City will also attempt to protect employees from harassment in the workplace from persons who are not employees. Harassment includes any conduct that creates an intimidating, offensive, or hostile working environment or that interferes with work performance. Some examples include racial slurs, ethnic jokes, posting of offensive statements, posters or cartoons, and similar conduct. Sexual harassment includes solicitation of sexual favors and unwelcome sexual advances or other unwelcome conduct of a sexual nature. An employee should report any incident of harassment, including work-related harassment by any City employee or any other person, promptly to the employee's supervisor, division manager, department director, or human resources. Human Resources is responsible for investigating the matter. Supervisors, division managers, or department directors who receive complaints, notification, or who observe harassing conduct must inform Human Resources immediately. An employee is not required to notify or complain first to the employee's supervisor if the employee feels uncomfortable doing so (for example, if the supervisor is the individual who is harassing the employee). However, the employee must report the complaint to a supervisory employee including supervisors, division managers or department directors, OR to Human Resources. Complaints to co-workers do not provide the City adequate notice to properly investigate complaints. Every complaint or notification of harassment that is reported to Human Resources will be investigated thoroughly, promptly, and in as confidential a manner as possible. Employee Policies Handbook/Page 5 The City will discipline any employee found to have violated this policy. Disciplinary action can range from a verbal or written warning up to and including termination. If harassment by customers or vendors occurs, corrective action will be taken following consultation with the appropriate management personnel. 4. Applicability These personnel policies shall apply to all City employees except where these policies may be in conflict with federal, state, or local legislation. Supplemental rules for all City departments may be developed within the respective departments so long as these departmental policies do not conflict with City personnel policies and procedures. These policies relate only to matters of personnel management and do not include any departmental procedures, standard practices, standing orders or other technical matters. The City of La Porte Civil Service Commission regulates all classified Civil Service personnel in the Police Department and shall apply in case of any conflict with the City of La Porte Employee Policies Handbook. Where Civil Service policies are silent, the City of La Porte Personnel Policies apply. 5. Definitions The words and terms used in this Employee Policies Handbook shall cover the following meanings, unless the context clearly indicates otherwise. ABSENCE - Not at the assigned workstation during a scheduled time ABSENCE WITHOUT LEAVE - When an employee fails to report for work or to remain at work without proper notification, authorization, or excuse ABSENTEEISM - The frequent or periodic practice of not being present for work ANNIVERSARY DATE - The employee's date of hire or most recent promotion date CERTIFICATION PAY - Additional compensation for acquired skills in accordance with approved departmental certification programs CONFIDENTIAL EMPLOYEE INFORMATION - Employee records, documents, pay documents, etc. that are maintained by the City that will not be released without proper required documentation DEMOTION - A demotion is the assignment of employees from their current grade level to a grade level having a lower maximum salary Employee Policies Handbook/Page 6 DISCIPLINARY ACTION - Any process taken to correct inappropriate employee behavior ranging from verbal reprimand up to and including termination HOLIDAY PAY - A set number of paid holidays each year, approved by the City Manager INTRODUCTORY EMPLOYMENT PERIOD - A designated period of time following an appointment, reinstatement, promotion, demotion, or transfer in a City position, during which time an employee is not eligible to dispute termination NEPOTISM - Family relationships to the employee based upon consanguinity (blood relatives) or affinity (relatives through marriage) PAY FOR PERFORMANCE (PFP) DATE - The date employees are eligible for Pay for Performance Increases PROMOTION - The assignment of an employee from one grade level to another grade level having a higher maximum salary. Temporary promotions can occur for business necessity QUALIFIED - Having the minimum education, experience, and skills required to hold a certain position SPECIAL AWARD DAY - A day off with pay for an employee receiving a special award designated by the City SUSPENSION - A disciplinary action in which the employee is restricted from working and receiving pay for a specified period of time TEMPORARY EMPLOYEE - Non-permanent employees hired for a specified period of time Employee Policies Handbook/Page 7 II. EMPLOYMENT AND APPOINTMENTS I. Promotions The City will attempt to provide promotional opportunities to existing employees, when possible. A selection process may be limited to qualified City employees, or such employees may be given preference in application or consideration. Opportunities for promotion across organizational lines shall also be possible, contingent on business necessities at the time. All promoted employees shall serve a 6-month Introductory Employment Period in the new position. The following procedures apply to promotions: 1. Departments notify Human Resources of all existing and anticipated vacancies 2. Human Resources posts the vacancies by sending job announcements to posting sites located throughout the City 3. Job announcements shall be posted and remain open for a minimum of 3 working days 4. All applications must be received and processed through Human Resources in order to be considered When, in the course of the normal budget process, a currently filled position will no longer exist, but will be replaced with a position having a higher classification, the employee in the former position may be promoted to the new grade level without the formal hiring process. 2. Temporary Promotions The City Manager may authorize a temporary promotion if a position is vacant or its regular incumbent is absent. Temporary promotions are for a specific period of time as determined by the City Manager. Employees temporarily promoted may be additionally compensated for the duration of their temporary assignments according to the promotional grade level. (Ref. City policies Compensation for Temporary Assignments, and Salary Administration of the Personnel Policy approved by Council as subsequently amended). Employees temporarily promoted shall not acquire any status or rights in the class to which they are temporarily assigned. 3. Transfers The City will attempt to transfer employees wishing to transfer when it does not adversely affect the City's interests or the interests of other employees. Employee Policies Handbook/Page 8 The following terms shall govern all transfers: 1. A 6-month Introductory Employment Period shall be served in the new position. 2. If the employee is not satisfied in any way during the introductory period, the employee may request a transfer back to the former position, providing it has not been filled and the affected Department Directors and Human Resources approve the return to the former position. 3. Should the employee fail to meet the Introductory Employment Period and their former position is no longer vacant, the employee may be separated from the City's service. 4. Administrative Transfers An administrative transfer is an assignment of an employee from one position to another not involving promotion or demotion. A transfer may be for administrative convenience or upon request of the employee, provided the employee is qualified for the position. Transfers between grade levels or between departments shall become effective following recommendation by Human Resources and approval by the City Manager. 5. Lateral Transfers - Inter Departmental A lateral transfer is the transfer of an employee between two departments and within the same grade level, provided the employee is qualified for the position. 6. Lateral Transfers - Intra Departmental Nothing within this section shall prevent a Department Director from transferring an employee within the department to another position within the same department, provided the new position is a lateral move (comparable job description and pay grade level). Administrative, Interdepartmental, and intradepartmental lateral transfers shall abide by the same terms as above, excluding the 6-month introductory period, and do not require a posting of the job opportunity announcement. 7. Voluntary Demotions Voluntary Demotions require the approval of the Department Director, the Human Resources Manager, and the City Manager, and will be considered only if they are in the best interest of the City. If approved, employees may be administratively demoted at their own request, or as an alternative to layoff. Such demotions shall not be considered disciplinary actions or disqualify the Employee Policies Handbook/Page 9 employee involved from consideration for future advancement. Demotions resulting from alternatives to layoffs may be fully or partially rescinded at any time. Demoted employees shall successfully complete a 6-month introductory period, but will not be eligible for a salary adjustment until one-year from date of demotion. 8. Involuntary Demotions Involuntary Demotions require the approval of the Department Director, Human Resources, and the City Manager. This action may be taken for disciplinary purposes. An employee involuntarily demoted shall not be disqualified from consideration for future advancement. 9. Appointments The purpose of categorizing positions within the City service is to designate the nature of the position's work routine as well as to clarify the eligibility of benefits provided to the particular type of position. There are two types of appointments: Regular and Temporary. Regular appointments are further divided into: Regular Employees 1. Regular full-time employees are those who work a minimum of 40 hours per week, or 53 hours per week for 24-hour shift personnel, but are not employed for only a specific period of time or for a special job task or project. 2. Regular part-time employees are those who work less than 40 hours per week on a regular basis. Regular part-time employees in the 24-hour shift job class may work over 40 hours per week, but less than 53 hours per week. Temporary Employees 1. Temporary full-time employees are those who work a minimum of 40 hours per week, or 53 hours per week for 24-hour shift personnel, but are employed only for a specific period of time or for a special job task or project. 2. Temporary part-time employees are those who work less than 40 hours per week, or less than 53 hours per week for 24-hour shift personnel, for a specified period of time or for a special job task or project. Employee Policies Handbook/Page 10 10. Emergency Temporary Appointments During an emergency, if City employees are unable to provide the necessary services, the City Manager may immediately fill positions without regard to normal selection and appointment methods. Such appointments shall be for periods not to exceed 30 working days. Persons receiving emergency temporary appointments are not eligible for benefits other than worker's compensation coverage. 11. Benefits Regular full-time employees are eligible to receive the full scope and level of benefits offered by the City. Regular part-time employees are not eligible to receive any benefits other than worker's compensation coverage. Temporary employees, whether full-time, part-time or emergency temporary appointments, are not eligible to receive any benefits other than workers' compensation coverage. 12. Introductory Employment Period Department Directors and supervisors shall use the 6-month (1-year for Civil Service) Introductory Employment Period to closely observe and evaluate the employee and if necessary recommend corrective actions to better fulfill the expectations of the job description. Only those employees who maintain acceptable work performance during their introductory periods shall be retained. The City's Review of Disciplinary Action Policy does not apply to anyone terminated during the introductory employment period. An introductory employee's employment period may be extended up to an additional 60 days. Any introductory employment extensions must have the City Manager's approval prior to any action being taken. 13 Nepotism No person related, within the second degree affinity, or within the third degree by consanguinity, to the Mayor or any Councilperson or to the City Manager shall be employed or appointed to any office, position, or clerkship of the City. This prohibition shall not apply, however, to any person who shall have been employed for 6 months or more by the City at the time of the election or appointment of the officer to whom he or she is related. (City Charter Provision 8.02, subsection c., as amended by Texas Government Code, Section 573.062, subsection [a] [8]). Employee Policies Handbook/Page 11 Second degree of affinity includes spouse (including unmarried domestic partners), stepchildren, spouse's grand children, mother-in law, father-in-law, brother-in-law, sister-in-law, spouse's grand parents. Third degree of consanguinity includes children, grand children, great grand children, parents, brother, sister, nephews, nieces, grand parents, uncles, aunts, great grand parents. An applicant may not be hired as a full-time or part-time regular employee in any department if that department already employs a person who is within the second degree of affinity or third degree of consanguinity of the applicant. If an employee becomes within the second degree of affinity or third degree of consanguinity of another employee who works in the same department, neither employee may be promoted to any position that has any supervision or authority over the other either directly or through the chain of command. No employee may supervise or be supervised by a person who is within the second degree of affinity or third degree of consanguinity. Two or more employees within the second degree of affinity or third degree of consanguinity may not report to the same supervisor. In the event two City employees are in violation of the nepotism policy, both employees shall be consulted and the two employees, jointly, shall make the decision as to which one shall leave City employment. In such cases where the two employees cannot reach agreement within 10 days of written notice, the City Manager shall make the decision to which one shall leave City employment, which decision shall be binding and final. 14. Residence There shall be no absolute requirement of residence for City employment except as may be required by law or City Charter. Employees who may be subject to emergency call and/or periodic service in a stand by status may be required to establish residency within a reasonable distance from the principle work site, to assure a timely response, as determined by each departmental rules and policies. Employee Policies Handbook/Page 12 III. COMPENSATION & BENEFITS 1. Position Classifications All City positions are classified as either exempt or nonexempt, and paid in accordance with the Fair Labor Standards Act. 2. Salary Administration The City may have one or more salary schedules that correspond with the position classification plan. All salary schedules shall be administered in accordance with the City policy Salary Administration of the Personnel Policy approved by Council as subsequently amended. 3. Method of Payment Employees shall receive a bi-weekly paycheck. The paycheck will ordinarily cover the preceding pay period. A pay period is completed every 2 weeks and ends the Sunday prior to the next Friday payday. If a payday falls on a holiday, paychecks will be issued the last business day prior to the holiday. Employees may receive a paycheck 1 day early in accordance with procedures issued by the Director of Finance. Paychecks may be given to someone other than the employee if the employee provides proper notification to the representative responsible for check distribution. 4. Separation Pay Employees who terminate employment with the City in accordance with the Exit Interview Procedures issued by Human Resources will be paid accrued benefits and will be paid in accordance with Article 5155 of the Revised Civil Statutes of Texas. Any employee who does not return City issued property will have the cost of the City's property deducted from the final paycheck. 5. Overtime Pay Employees shall work overtime hours only when-necessary and not without prior approval of their Department Director. Overtime hours are computed at the rate of one and one-half times the regular hourly rate of pay. The City follows the Fair Labor Standards Act (FLSA) in administering overtime pay. Employee Policies Handbook/Page 13 Under the Fair Labor Standards Act and amendments of 1985, the City of La Porte has elected to utilize exception 7(k) and has established a 28-day work cycle for its Firefighters who regularly work 24-hour shifts. The recognized average workweek for these employees is 53 hours. For 24-hour Firefighter shift personnel, the workweek shall begin and end at the start of the first work shift after the first Sunday midnight in the 28-day work cycle. Calculation of overtime pay for 24-hour Firefighter shift personnel shall be based on the number of hours worked over 212 in a 28-day work cycle. Overtime pay will be calculated and employees compensated for hours worked over 212 at the conclusion of the 28-day cycle or every other payday. Hours worked is defined for all personnel to mean hours of physical presence at a job site. When an overtime eligible employee who is on scheduled time off is required to work unscheduled hours during the same work week as the scheduled time off, the scheduled time off will be counted as "hours worked" thereby allowing the employee to be eligible for overtime pay. For purposes of this policy, scheduled time off is: 1. Approved holiday leave 2. Jury duty 3. Military leave 4. Vacation 6. Standby Pay Employees who are required to be on standby duty shall be compensated at a predetermined rate of pay while on standby status. Employees scheduled for standby duty must be able to be at the work site within 1 hour of the call to work. Employees who work overtime during their assigned standby duty period shall be paid at one and one-half times their regular basic hourly pay rate in accordance with FLSA, as well as the predetermined standby duty pay rate. Standby pay shall not be paid to any employee: 1. Who is placed on standby due to emergency situations such as hurricanes and floods 2. Who is placed on standby while awaiting court proceedings 7. Longevity Pay Longevity pay is a benefit for length of continuous regular full-time employment with the City. On the first of December each year all regular full-time employees Employee Policies Handbook/Page 14 who have completed one full year's service with the City, will be paid this benefit. The benefit is calculated on the basis of the number of months of continuous service, not to exceed 300 months, at the rate established by the City Council. 8. Jury Duty Employees shall be granted leave of absence from regular work hours when called for jury service. This authorized absence is for the duration of the scheduled jury service only. Employees who miss regularly scheduled work hours due to jury service shall return to work upon completion of daily jury service, provided there are regular work hours remaining. Employees on authorized leave for jury service shall receive compensation at their regular pay rate, in addition to any pay received for jury service. Documented jury service slips must be furnished to the Department Director in order for the absence to be authorized. 9. Retirement All regular full-time employees are required to participate in the Texas Municipal Retirement System. The provisions of the retirement program are covered in the TMRS Handbook, available in Human Resources. 10. Certification Pay Departments with an approved certification pay program shall administer certification pay. The City Manager has the final authority for approving or disapproving departmental certification programs. 11. Education Reimbursement It is the City's policy to provide education reimbursement in order to help employees develop current and potential future job skills. The Education Reimbursement Policy and Procedures are maintained and administered by Human Resources. Highlights of the policy include, but are not limited to: 1. Only regular full-time employees are eligible 2. Employees must attend courses during off-duty hours and will not be compensated for their course work as hours worked 3. The course(s) must be directly related to the employee's job, and must be approved prior to registration by the Department Director and Human Resources Employee Policies Handbook/Page 15 4. The City will reimburse the employee's cost of tuition, lab fees, books, valid campus parking fees, and building uses fees. The employee must receive a passing grade of C or above in order to receive reimbursement. 5. The City will not reimburse courses covered by Veteran or other educational assistance programs, nor does it cover any incidental expenses such as deposits, supplies, or other personal expenses. 6. The City may prepay continuing education courses required through established goals and objectives on an employee's evaluation, with approval by the Department Director. A certificate of completion shall be required and shall be turned in to the Human Resources Division for placement in the employee's file. Any employee who does not complete a prepaid course, or does not submit a certificate of completion, shall be excluded from any future prepaid options. 12 EMERGENCY PAY POLICIES POLICY When an emergency imvacts City employees' work schedules and status during emergency conditions and a "state of emergency" has been declared by the Mavor. the City Manager may grant emergency administrative leave with pay and/or after the occurrence of a disaster. whether natural or man-made. If it is determined that a civil emergency condition exists, including, but not limited to, riots, civil disorders, severe weather or hurricane conditions, other natural disasters, chemical incidents, or similar conditions, the City Manager may suspend all provisions of the City of La Porte's Employee Policies Handbook that may be in conflict with this section. Scope This practice applies to all non-exempt and exempt employees, and includes civil service personnel. DECLARATION OF EMERGENCY Notification of State of Emergency: When a state of emergency is imminent or has been declared, the City Manager or designated supervisor will notify all employees through department directors or managers of such declaration. EMERGENCY PERIODS Employee Policies Handbook/Page 16 Pre-Impact Period This is the time period prior to the impending disaster and includes emergency response activities and preventive measures by the City of La Porte's departments in preparing for the impending emergency. This period begins when the City Emergency Operations Center or the City Manager declares an emergency is imminent. Emeraency Period This is the time period during which emergency response activities and restoration of critical services are conducted to protect life and property, and most other regular City services are suspended. This period begins when the City is closed for normal business and ends when the City Manager declares it safe for all employees to return to work. Post Impact/Recovery Period This is the time period during which activities are conducted to restore the City's infrastructure and services to pre-disaster conditions. This period begins when the City Manager declares it safe for all employees to return to work, and ends when the City Manager declares the period is over. Emeraency Administrative leavelGeneral Provisions No one is excused from work until the City Manager, through the department directors, authorizes employees to leave, even if a public announcement of office closures or suspension of services is issued. Employees must return to work as soon as an emergency is over to participate in the Post Impact/Recovery Period. Employees dismissed from work during an emergency will be on emergency administrative leave pursuant to this policy. Said leave will start when the employee is dismissed by his/her Department director and will continue until the City Manager declares that it is safe for all employees to return to work. Employee Responsibilities: Employees are expected to return to work on their next scheduled day or shift following the City Manger's declaration. If an employee fails to show up for work or cannot show up for other reasons then the time lost will be Leave of Absence Without Pay, unless other paid leave (vacation, sick, etc.) had been or is approved. Employees Safety The City of La Porte recognizes that all "Essential" employees have personal and family responsibilities that may conflict with the obligation to fulfill their job requirements during hazardous weather or state of local emergency. When evacuation of personal residences is required, employees will be permitted and expected to make arrangements for their families like any other citizen, including Employee Policies Handbook/Page 17 the use of authorized shelters. Employees who are not able to return to work due to unavoidable or unsafe conditions related to the emergency (for instance, they have evacuated the area and are unable to return, or they are unable to leave their residence to return to work at City facilities due to impassable roadways, etc.) must contact their department director or designated supervisor as soon as possible and utilize appropriate leave time. During a state of emergency, any unauthorized absence from work or assignment may be considered sufficient cause for discharge. EMPLOYEE STATUS Prior to a declaration of a civil emergency. Devartment Directors shall. designate "Emergencv Essential" and "Emergencv Non-Essential" personnel. All personnel shall be advised of their status as of January 1st each year. Individual employee status may change. as the needs of the City change during the civil emergency. or at the discretion of the Devartment director. "EmerJ!encv Non-Essential" - After a needs assessment is made. some employees may be temporarily dismissed from work. concurrently or successive Iv. as determined bv the emergency need and the devartment or function and those will be designated as "Emergencv Non-Essential." Thev will be placed on emergency Paid Administrative Leave vursuant to this volicv. "Emergency Essential" - Each department director is responsible for identifying those employees who will be required to remain or respond in the event of emergency conditions and those employees will be designated as "Emergency Essential." "Emergency-Essential" employees may be required to be available immediately before (Pre-Impact), during (Emergency)-e.g., those within the Emergency Operations Center-and/or after the disaster or emergency condition (Post-Impact/Recovery) to perform duties directly related to the emergency conditions, as determined by City. "Post-ImoactJRecoverv Assilmed" - Post-emerf!encv. all City emvlovees are considered Post-Imvact/Recoverv Assigned employees. All City emvlovees are to return to work after the City Manager declares it is safe to do so. After the return to work. some emvlovees may be further identified as "Essential Recoverv." while others may be temvorarilv excused trom work. The City Manager and each devartment or function is responsible for identirying those emvlovees who are essential to the quick restoration of critical services to the community. These employees designated as "Essential Recoverv" employees are required to work during periods after the emergency when other employees may be dismissed or on authorized leave. Notwithstanding. an "Essential Recoverv" employee will be allowed reasonable emergency paid administrative leave to Employee Policies Handbook/Page 18 secure the emvlovee 's home and familv and attend to immediate personal needs resulting from the emergencv. Emerl!encv DUN Assil!nment: In the event of an emerJ!encv. the City ManaJ!er mav assign emvlovees to anv duty to the extent that the City is not in violation of anv State or Federal Law. This includes emvlovees of one devartment serving in an emergencv cavacitv for anv other devartment or function as assigned COMPENSATION FOR HOURS WORKED DURING A DECLARED STATE OF EMERGENCY 1. During declared emergency status, at the director's/supervisor' approval exempt- status employee(s) may accrue compensatory time up to 40 hours. After the 40 hours are exhausted, the exempt-status employee(s) base salary will be computed to arrive at an hourly rate; then the City will pay the exempt-status employee(s) 1 1/2times their base hourly rate. 2. During the Emergency Period, employees released from work or who are not required to report to work due to the emergency event shall receive pay for their normally scheduled workday. These hours shall count as "time worked" for the purpose of computing overtime for non-exempt employees and shall be clearly noted on the time sheet with the appropriate emergency coding as designated by the Finance Department. 3. During the Emergency Period non-exempt Emergency Essential personnel (hourly, overtime eligible) employees shall be paid at a rate of two times (2x) base straight pay for normally scheduled hours and for all hours worked outside their regular scheduled work hours during the declared emergency conditions, when other employees are allowed administrative leave, until the City Manager declares that it is safe for all employees to return to work. After such time, the employee will be paid according to the normal pay policy. 4. During the Emergency Period and Post Impact/Recovery period, exempt employees shall be compensated by receiving pay for all time worked in excess of forty (40) hours in each work week during the declared emergency/disaster and Impact/Recovery period. The rate of pay for such additional hours worked shall be equivalent to the exempt employee's hourly rate of pay computed as if the employee was not paid on a salary basis. The additional compensation shall be in addition to the employee's regular salary. Each department will provide the appropriate forms for exempt employees to document their hours worked. Nothing herein shall be construed to affect the exempt status of such employees. 5. Employees who are out on prior-approved leave or who called in sick during any of the three periods will continue to be charged for such leave. Employee Policies Handbook/Page 19 6. All other policies concerning remuneration shall comply with the City of La Porte's Employee Policies Handbook and the Fair Labor Standard Act. 7. At the director's discretion, previously approved leave, vacation etc., may be cancelled when a state of emergency is imminent or declared. FOR THOSE PERSONS DESIGNATED AS ESSENTIAL How do you pay for each period? Regular Pay practices up to 4 hours administrative leave. Pre-Impact Period Non-Exempt -2x for all scheduled hours Emergency Period 1.5x for all hours outside schedule. Emergency Period Exempt-1 x for all hours40+ Post Impact! Recovery Period Non-Exempt-Regular Practices Post Impact! Recovery Period Exempt-1x for all hours 40+Post Impact! Recovery Period How do you pay if on Pre-approved Leave? Continue to charge leave Pre-Impact Period Continue to charge leave Emergency Period Continue to charge leave Post Impact! Recovery Period How do you pay if on a regular day off? No extra pay Pre-Impact Period No extra pay Emergency Period No extra pay Post Impact! Recovery Period When do you require the Employee to use leave? Must take paid leave or LWOP if absent Pre-Impact Period Administrative Leave Emergency Period Must take a paid leave or LWOP if absent Post Impact! Recovery Period FOR THOSE PERSONS NOT DESIGNATED AS ESSENTIAL How do you pay for each Period if Employee works? Employee Policies Handbook/Page 20 Regular Pay practices up to 4 hour administrative leave Pre-Impact Period Non-Exempt-2x for all scheduled hours 1.5x for all hours outside scheduled Emergency Period Exempt-1x for all hours 40+ Emergency Period No-Exempt-Regular Practices Post Impact! Recovery Period How do you pay if on Pre-approved leave? Continue to charge leave Pre-Impact Period Continue to charge leave Emergency Period Continue to charge leave Post Impact! Recovery Period How do you pay if on a regular day off? No extra pay PIP Pre-Impact Period No extra pay Emergency Period No extra pay Post Impact! Recovery Period When do you require the Employee to use leave? Must take a paid leave or LWOP if absent Pre-Impact Period Administrative leave Emergency Period Must take paid leave or LWOL if absent Pre-Impact Period IV. LEAVES AND ABSENCE 1. Hours of Work Regular business hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. Supervisors shall implement work schedules, breaks, and lunch schedules to accomplish the requirements of their departments and divisions. Individual employees may be scheduled to work special hours or shifts. Employee Policies Handbook/Page 21 2. Attendance Employees shall be required to be at their places of work in accordance with this policy and their departmental regulations. An employee who fails to report for duty, is habitually tardy, leaves the workplace without proper authorization, or misuses leave is subject to disciplinary action up to and including termination. All departments shall maintain daily attendance records. 3. Excused Absence Examples of excused absences include: paid sick leave, vacation, holidays, jury duty, bereavement leave, and injury leave. To be eligible for an excused absence of sick leave, employees must contact their supervisor no later than 15 minutes after the start of their regularly scheduled starting time, unless superseded by departmental rules. Other excusable leaves of absence shall be pre-approved by the Department Director according to department regulations. Employees must provide their supervisor with the reason for the absence and the date and time the employee expects to return to work. The supervisor may waive the 15-minute provision due to extenuating circumstances. In order for the absence to be considered excused, an employee may be required to furnish a doctor or hospital statement to the supervisor verifying an illness or accident and medically releasing the employee from any of the following circumstances: 1. When an illness or accident caused the employee to be hospitalized. 2. When the absence was for more than 3 consecutive workdays. Twenty- four hour shift personnel may be required to submit said medical statement if absence exceeded 2 consecutive workdays. 3. When the absence occurred on a regularly scheduled workday preceding or following a holiday or regularly scheduled vacation day. 4. When the employee's return to work will pose a direct threat to the safety or health of others. 5. When an employee is under the physical report status provision of the sick leave policy. 4. Unexcused Absence Employee Policies Handbook/Page 22 Unexcused absence may be defined as follows. This list is not intended to be all- inclusive: 1. Tardiness 2. Unverified sick time 3. Unauthorized time off 4. Failure to call supervisor within fifteen minutes after the start of the employee's scheduled work time. 5. Repeated Unexcused Absences Employees repeatedly incurring unexcused absences shall be subject to disciplinary action up to and including termination. Unexcused absences from work for a period of 3 full consecutive working days shall be considered as a voluntary resignation. Twenty-four hour shift personnel with unexcused absences of 2 consecutive shifts shall be considered as a voluntary resignation. 6. Holidays The following is a list of approved holidays: New Year's Day Good Friday Memorial Day I ndependence Day Labor Day Thanksgiving Christmas Eve Christmas Day Employee Discretionary Day January 1 Friday before Easter Last Monday in May July4 First Monday in September Fourth Thursday & Friday in November December 24 December 25 Designated by Employee If an official City holiday occurs on a Saturday, it will be observed on the Friday before. If an official City holiday occurs on a Sunday, it will be observed on the Monday after. Shift personnel will observe official City holidays on the actual day of observance. Regular full-time employees will be paid one workday's pay for each holiday. To be eligible for holiday pay, the employee must work the scheduled workdays preceding and following the holiday unless the Department Director approves an excused absence. Employees scheduled to work on a holiday, and who fail to work as scheduled, without an excused absence, will not be eligible for holiday pay. An employee Employee Policies Handbook/Page 23 required to work on a holiday will receive the holiday pay plus the overtime rate of one half times the regular rate of pay for hours worked. Official City holidays shall be considered the same number of hours as an employee's regular workday. 7. Vacation Leave The following applies for vacation leave: 1. Regular full-time employees accrue vacation leave each pay period. 2. Vacation leave shall be scheduled with the employee's supervisor as far in advance as possible. Use of vacation leave shall be at the convenience of the employee. However, vacation leave will not be allowed to interfere with the normal functions of City operations. Should there be a conflict between one or more employees regarding the dates of vacation leaves, preference may be given to the employee with the longest length of service with the City. 3. Vacation leave is accrued as follows: Employees whose regularly scheduled workweek is 40 hours: Years of Service Hours Accrued Vacation Leave Per Pay Period Per Year 1-5 3.077 80 hours 6-10 4.616 120 hours 11-15 6.154 160 hours 16 + 7.693 200 hours Employees whose regularly scheduled workday is 24 Hours and who were hired on or after October 1, 1984: Years of Service Hours Accrued Vacation Leave Per Pay Period Per Year 1-5 4.616 120 hours 6-10 7.3847 192 hours 11-15 9.2308 240 hours Employee Policies Handbook/Page 24 116 + 112.000 I 312 hours Employees whose regularly scheduled workday is 24 hours and who were hired prior to October 1,1984: Years of Service Hours Accrued Vacation Leave Per Pay Period Per Year 6+ 13.846 360 hours 1. Employees eligible for vacation are strictly prohibited from accumulating more than 1.5 times their annual accrual rate. Eligible employees are encouraged to take vacation leave each year and will not be paid in lieu of vacation leave. 2. Upon termination, employees will be paid accumulated vacation leave at a rate based upon the employee's final hourly pay rate. 3. An employee on approved vacation leave who becomes ill during the leave may have the vacation leave changed to sick leave for the period of the illness. The employee shall be required to show a medical statement, signed by a doctor, verifying the illness. 4. Vacation leave may be taken in 1-hour increments 5. An employee's designated beneficiary will be paid accumulated vacation leave upon the death of the employee. 8. Sick Leave Accrual 1. Regular full-time employees accrue sick leave at the rate of 4.62 hours per pay period and 7.39 for 24-hour shift personnel. 2. Department Directors shall be responsible for reporting sick leave on employees' time cards. 3. Regular full-time employees, hired prior to November 19, 1991, who terminate shall receive, upon separation, payment for accrued but unused sick leave, not to exceed 480 hours. Twenty-four hour shift personnel, who terminate under the same conditions as above, shall be paid for accrued but unused sick leave, not to exceed 768 hours. 4. Regular full-time employees hired after November 19, 1991, and who terminate after 10 years of employment with the City, shall receive, upon separation, payment for accrued but unused sick leave, not to exceed 480 Employee Policies Handbook/Page 25 hours. Twenty-four hour shift personnel who terminate under the same conditions as stated in this paragraph, shall be paid for accrued but unused sick leave, not to exceed 768 hours. 5. Regular full-time employees hired after November 19, 1991, and who terminate prior to 10 years of employment with the City, shall not be eligible to receive payment for accrued but unused sick leave upon separation. Use An employee may use sick leave for: 1. The employee's illness or injury that prevents the employee from working 2. To receive medical care from a physician, dentist, or other health care provider 3. In the event of an illness within the employee's immediate family or household, or for routine health care appointments for the employee's immediate family or household that cannot be reasonably scheduled outside of working hours (Limited to 3 full days) 4. Sick leave exceeding 14 days must be in coordination with FMLA Leave. Sick leave exceeding 5 workdays in any 6-month period may cause an employee to be placed on physical report status. Employees under this status shall be required to submit to their supervisor a medical doctor's statement of fitness for duty upon returning to work from an illness. Failure to submit such medical statement may result in disciplinary action. Physical report status shall remain in effect for 6 months from the date of the action. Sick leave shall not be used for unexcused absences. 9. Military Leave Military leave may be either military training leave or military duty leave (active duty). Military training leave shall be leave with pay. Active duty shall be leave without pay. An employee of the City and who is a member of the state military forces or a reserve component of the armed forces is entitled to leave absence from their duties on a day on which the person is engaged in authorized training or duty ordered or authorized by proper authority. During a leave of absence, the employee may not be subjected to loss of time, efficiency rating, vacation time, or Employee Policies Handbook/Page 26 salary. Leaves of absence under this paragraph may not exceed 15 days in a federal fiscal year. (Texas Government Code, Section 431.005) Regular employees who present official induction orders (draftee or reserve unit call up) to enter the United States Armed Forces, the Texas National Guard, or the Texas State Guard will be eligible for military duty leave without pay. At the time of military discharge, the employee shall be reinstated at a position comparable to what the employee would have attained had he not been on active duty. This shall include any promotions and/or pay raises for which the employee would have been eligible had the employee been at work instead of active duty. (Per Uniformed Services Employment and Reemployment Rights Act 38 U.S.C. 2021 et. seq) 10. Bereavement Leave The City will grant a maximum of 3 days bereavement leave per calendar year for an ~mployee to attend the funeral of a family member including spouse, and the following of either the employee or spouse: child, brother, sister, parents, grandparents, or foster parents. Department Directors may approve the employee's request to take sick and/or vacation leave in addition to the 3 days bereavement leave as follows: 1. The first 3 days will be charged to bereavement leave 2. Days 4 through 6 may be charged to sick leave. Leave exceeding 6 days will be charged to vacation. 3. Employees have the option to use vacation rather than sick leave for days 4 through 6 11. Administrative Leave Employees may be ordered not to return to work and placed on administrative leave with pay when recommended by the Department Director and approved by the City Manager. 12. Leave Without Pay In circumstances not falling within other provisions of these rules, the Department Director may authorize an employee to take leave without pay under such terms and conditions as may be mutually agreeable up to a maximum of 2 calendar weeks. Authorized leave without pay in excess of 2 weeks must be approved by the City Manager. 13. FMLA Leave The City offers FMLA leave pursuant to the provisions of the Family and Medical Leave Act of 1993. Employees with at least 12-months of service, and who have worked at least 1,250 hours in the last 12-months, may be eligible to take up to Employee Policies Handbook/Page 27 12 weeks of unpaid Family/Medical Leave within any 12-month period and be restored to the same or an equivalent position upon return from the leave. The City will calculate the 12-month period by using a "rolling" 12-month period. Family/Medical Leave is defined as an approved absence available to eligible employees for up to 12 weeks under particular circumstances. Circumstances that would constitute Family/Medical Leave are as follows: 1. The birth of a child and in order to care for such a child; 2. The placement of a child with you for adoption or foster care; 3. To care for your spouse, son, daughter, or parent with a serious health condition; or 4. Because of your own serious health condition which renders you unable to perform the functions of your position. FMLA leave because of reasons (1) or (2) must be completed within the 12- month period beginning on the date of birth or placement. In addition, spouses employed by the City who request leave because of reason (1) or (2) or to care for an ill parent may only take a combined total of 12 weeks leave during any 12- month period. FMLA leave is generally unpaid. An employee must substitute accrued paid leave under certain circumstances: 1. If FMLA leave is requested because of a birth, adoption or foster care placement of a child, or to care for a spouse, child, or parent with a serious health condition, any accrued paid vacation, first will be substituted for any unpaid Family/Medical Leave. 2. If FMLA leave is requested because of the employee's own serious health condition, any accrued paid sick leave will be substituted first and then accrued paid vacation will be substituted for any unpaid leave time that does not extend the 12 week leave period. If FMLA leave is requested because of the employee's own or a covered relation's serious health condition, the employee and the relevant health care provider must supply appropriate medical certification. Medical Certification Forms may be obtained from the Human Resources Department. When FMLA leave is requested, the City will notify the employee of the requirement for medical certification and when it is due (at least 15 days after leave is requested). Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided. The City, at its expense, may require an examination by a second health care provider designated by the City, if it reasonably doubts the medical certification initially provided. If the second health care provider's opinion conflicts with the original medical certification, the City, at its expense, may require a third, mutually agreeable, health care provider to Employee Policies Handbook/Page 28 conduct an examination and provide a final and binding opinion. The City may require subsequent medical re-certification on a reasonable basis. If medically necessary for a serious health condition of the employee or his/her child, or parent, FMLA leave may be taken on an intermittent or reduced leave schedule. If leave is requested on this basis, the City may require the employee to transfer temporarily to an alternative position (equivalent in pay and benefits) that accommodates recurring periods of absence. No loss of service credit with the City will occur as a result of the FMLA leave, but no benefit credits will accrue toward vacation or sick leave during unpaid FMLA leave. However, accruals toward vacation and sick leave may be earned during paid leave. The employee's health benefits will continue during the leave, in accordance with the City of La Porte Medical Plan Document. However, if the employee does not return to work he/she will be responsible for 100% repayment of premiums paid by the City, unless the employee cannot return to work because of a serious health condition or other circumstances beyond his/her control. Employees are responsible for payment of their dependent coverage premiums and other authorized payroll deductions while they are on FMLA leave. If the need for FMLA leave is foreseeable, the employee must give the City 30 days prior written notice. When unforeseen events occur that require FMLA leave, employees must give notice as soon as practical, ordinarily within 1 or 2 working days. Failure to provide such notice may delay approval of FMLA leave. The City has Request for Family/Medical Leave forms available from the Human Resources Department. These forms should be used when requesting leave. If FMLA leave is taken because of the employee's own serious health condition or to care for a covered relation, the employee must contact the City on the first and third Friday of each month regarding the status of the condition and their intent to return to work. Upon completion of FMLA leave because of the employee's own serious health condition, employees are required to provide medical certification that they are fit to resume work. Return to Work Medical Certification Forms may be obtained from the Human Resources Department. Employees failing to provide the Return to Work Medical Certification Form will not be permitted to resume work until it is provided. The following definitions apply for the purposes of the FMLA policy: SPOUSE - is defined in accordance with State law Employee Policies Handbook/Page 29 PARENT - includes biological parents and individuals who acted as your parents, but does not include parents-in-law CHILD - includes biological, adopted, foster children, stepchildren, legal wards, and other persons for whom you act in the capacity of a parent and who are under 18-years of age or over 18-years of age but incapable of caring for themselves SERIOUS HEALTH CONDITION - means any illness, impairment, or physical or mental condition that involves: (1) any incapacity or treatment in connection with inpatient care; (2) an incapacity requiring absence of more than 3 calendar days and continuing treatment by a health care provider; or (3) continuing treatment by a health care provider of a chronic or long-term condition that is incurable or will likely result in incapacity of more than 3 days if not treated CONTINUING TREATMENT - means (1) two or more treatments by a health care provider; (2) two or more treatments by a provider of health care services (e.g. physical therapist) on referral by or under orders of a health care provider; (3) at least 1 treatment by a health care provider that results in a regimen of continuing treatment under the supervision of the health care provider (e.g. a program of medication or therapy); or (4) under the supervision of, although not actively treated by a health care provider for a serious long-term or chronic condition or disability that cannot be cured (e.g. Alzheimer's or severe stroke) HEALTH CARE PROVIDER - includes: licensed MD's and OD's, podiatrists, dentists, clinical psychologists, optometrists, chiropractors authorized to practice in the State, nurse practitioners, and nurse midwives authorized under State law, and Christian Science practitioners 14. Absences in Excess of 120 Calendar Days After the expiration of 120 calendar days following any continuous absence due to any reason, employment will be terminated. The employee may elect to continue his or her health and dental insurance coverage under the provisions of the Consolidated Omnibus Reconciliation Act of 1985 ("COBRA"). The employee will be responsible for the premium and any other related fees for the coverage. Employee Policies Handbook/Page 30 v. REGULATIONS AND CONDUCT 1. Standards of Job Performance and Conduct Employees are expected to observe certain standards of job performance and good conduct. Specific rules included in this policy are intended to provide employees with notice of what is expected of them, but cannot reasonably include every type of unacceptable conduct and performance. Conduct and performance not specifically prohibited in this policy that adversely affects or is otherwise detrimental to the interests of the City, other employees, or citizens, may result in disciplinary action up to and including termination. 2. Work Standards It shall be the duty of each employee to maintain high standards of cooperation, efficiency, and economy in their work for the City. Department Directors shall organize and direct the work of their departments to achieve these objectives. If the work habits, quality or quantity of work and/or work conduct of any employee falls below those standards expected by the supervisor, or outlined in the employee's job description, then the employee shall be counseled regarding the matters in question. Counseling of the employee in sufficient time for improvement should ordinarily precede formal disciplinary action but nothing herein shall prevent immediate formal action, as provided for in the City's disciplinary policy, whenever required in the best interest of the City. 3. Misconduct Employees may be disciplined for misconduct including but not limited to: 1. Violation of any City or department rule, regulation, policy, or procedure 2. Insubordination, indifference toward work, neglect of duties, disruptive behavior, or any conduct that interferes with or prevents effective performance of the duties of the position, the department, or the City 3. Dishonesty 4. Waste, damage to, theft of, abuse of, or unauthorized use of City property 5. The violation of any federal or state law, rule, regulation, or City ordinance while on or off duty including a criminal act that may have an adverse impact upon the City or on the public confidence in the integrity of City government, or on the relationship of the employee and other employees, or acts which reflect poorly upon the City's image Employee Policies Handbook/Page 31 6. Violation of the City's harassment policy 7. Violation of the City's Drug and Alcohol policy 8. Excessive distribution of non-work related literature during working hours and/or on city property 9. Gambling in any form during working hours and/or on City Property 4. Personal Appearance All employees, regardless of work location and degree of public contact, shall dress in a manner consistent with their departmental regulations. Department Directors may establish uniform and equitable dress standards for the various divisions within their departments. 5. Employee Financial Obligations All employees are required to manage their personal financial affairs separately from their careers with the City. If or when personal financial affairs interfere with an employee's ability to perform their job duties, disciplinary action may be taken. 6. Operation of City Owned Vehicles and Equipment All employees who are required to operate City owned vehicles or equipment shall do so in a safe and prudent manner in compliance with all state, federal, and local laws. Improper and/or unsafe operation of vehicles or equipment is justification for disciplinary action. All employees who have operating vehicles or equipment as a responsibility of their position classification must have and maintain a proper driver's license and an acceptable driving record. Improper license or unacceptable driving record, or un-insurability or exclusion of an employee by the City's insurance carrier, is justification for transfer, demotion, or termination. Any employee whose driver's license is suspended for any reason shall notify his/her supervisor and Human Resources immediately. 7. Outside Employment Regular full-time employees may have other employment if their supervisor determines it does not interfere with the performance of the employee's job duties, or if it would result in a conflict of interest between the employee's work for the City and the outside employment. Employee Policies Handbook/Page 32 8. Use of City Property City facilities, equipment, supplies, and other City resources are made available to help employees perform their job duties and are not for personal use. The City, however, recognizes that under certain circumstances the employee's occasional use of city telephones, computers, facsimile, e-mail, copiers, Internet, and similar resources for personal use may be necessary or beneficial to the City. The City may establish separate policies governing the use of specific equipment. The City will discipline an employee for inappropriate or excessive use of City equipment for personal use. Any personal use of City property should meet the following guidelines: 1. It should be infrequent and of short duration (A short telephone conversation) 2. It should be for a compelling reason and not for mere convenience (A telephone call to arrange with a spouse to pick-up a child after school) 3. It should not interfere with the employee's performance of job duties (The use did not prevent the employee from completing the job duties) 4. It should not result in any additional charge to the City (Long distance telephone charge) 5. It must not be used for personal monetary gain or the employee's personal business (Selling products over the phone or internet) 9. Smoking Employees are allowed to smoke only in designated smoking areas that are recommended by each department and listed in the City's Policies and Procedures Manual approved by Council and subsequently amended. Smoking includes: 1. Carrying or holding a lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or device; 2. Lighting a pipe, cigar, or cigarette of any kind or any other smoking equipment or device; or 3. Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or other smoking equipment or device. 10. Drugs and Alcohol Refer to the City's Drug and Alcohol Abuse Policy approved by Council as subsequently amended. Employee Policies Handbook/Page 33 VI. DISCIPLINE, REVIEWS, AND COMPLAINTS 1. Discipline Basis for Disciplinary Actions It is the City's policy to correct employee job deficiencies, or violation of City policies when they occur. Supervisors shall deal directly with employee performance deficiencies or City policy violations and employees shall be treated fairly and consistently. A supervisor should consider such factors as the type and severity of the offense, the employee's work record, and any mitigating circumstances surrounding the particular offense when considering disciplinary action. The City shall consider the following as constituting a basis for disciplinary action up to and including discharge. This list is not all-inclusive and is not intended to be limited to the following: 1. Misconduct 2. Illegal, unethical, abusive, or unsafe acts 3. Violation of any portion of the personnel policies 4. Violation of other City department rules and/or regulations 5. Absenteeism and/or repeated tardiness 6. Insubordination 7. Work performance inefficiency 8. Abuse of leaves provided 9. Falsification of official documents or records 10. Being under the influence or use of drugs or alcohol while on duty 11. Unauthorized use of City records, material, or equipment Types of Disciplinary Actions Formal disciplinary action taken shall be consistent with the nature of the deficiency or infraction involved and the work history of the employee. The recommended steps of progressive discipline are as follows, but should not be interpreted as a certain chain of events as the City reserves the right to administer any disciplinary action up to and including discharge, depending on the nature, scope, and severity of the offense and totality of the circumstances surrounding such events: oral reprimand, written reprimand, probation, suspension, demotion, and termination. The City will attempt to follow progressive steps of disciplinary action whenever possible to provide reasonable opportunity for performance correction but ultimately reserves the right to employ any of the aforementioned actions for particular deficiency or infraction depending upon the exact circumstances of the Employee Policies Handbook/Page 34 deficiency or infraction. An employee may be formally advised at any time that he or she may be dismissed or otherwise disciplined for further unsatisfactory performance and/or conduct. One or more of the following disciplinary measures may be taken depending on the particular circumstances surrounding an offense. An employee shall be provided with a warning with time to improve performance, whenever possible, prior to suspension or termination. The recommended steps of progressive discipline are as follows, but should not be interpreted as a certain chain of events as the City reserves the right to administer any disciplinary action depending on the nature, scope, and severity of the offense: 1. Oral Reprimand - For the first violation of a particular policy or regulation, an oral reprimand is given identifying any violation(s) and indicating needed improvement. There will be written documentation of the oral reprimand that shall be signed by the employee and the supervisor and placed in the employee's personnel file. 2. Written Warning - In the interest of a more formal type of disciplinary action, an employee may receive a written reprimand. This written reprimand shall describe the deficiency or infraction, cite the violated policy or regulation, and state the likely consequences of further unsatisfactory performance or conduct. The written warning shall be signed by the employee and their supervisor and placed in the employee's personnel file. 3. Disciplinary Probation - An employee may be placed on disciplinary probation for a specified period of time, not to exceed 90 days, in order to allow the employee enough time to show improvement regarding the problem specified. The written document placing an employee on disciplinary probation must include identification of the problem area, the required necessary improvement, the specific length of disciplinary probation status and the further disciplinary action that could result from failure to show satisfactory improvement. This document shall be signed by the employee and the supervisor and placed in the employee's personnel file. 4. Suspension - A supervisor may, with the Department Directors approval, suspend an employee without pay for a maximum of 15 calendar days in one calendar year. The written suspension notice must contain the reason for the suspension, other examples of policy or regulation violations, if any, the consequences of a recurrence of the violation of infraction, the period of suspension, and the review procedure. This document shall be signed by the employee and the supervisor and placed in the employee's personnel file. Employee Policies Handbook/Page 35 When an employee is under investigation for a crime or official misconduct, or is awaiting a hearing or trial in a criminal matter, the employee may be suspended without pay for the duration of the proceedings when such suspension would be in the best interest of the City. If the investigation or proceedings clear the employee, he/she shall be reinstated at the same position. Employees on suspension shall not accrue any sick or vacation leave during the suspension. If, after the review process, the suspension is overturned, the employee's sick and vacation leave shall be adjusted accordingly. 5. Involuntary Demotion - An employee may, with Department Director approval, be demoted to a position in a lower salary range. Additionally, the demoted employee's salary at the time of demotion may be reduced by a factor of 15 percent. Involuntary demotions shall be made in written form and shall include the reason(s) for the disciplinary action, the likely consequence of further unsatisfactory performance and/or conduct, and the review process. This document shall be signed by the employee and the supervisor and placed in the employee's personnel file. A demoted employee shall not be disqualified from consideration for later advancement. 6. Termination - An employee may be terminated from employment with the City as a final step in the progressive discipline process. Excepting those types of policy or regulation violations that warrant immediate termination, this disciplinary step will be employed as a final step that must be approved by the Department Director, reviewed by the Human Resources Manager, and approved by the City Manager. A letter of termination shall be provided to the employee describing the performance deficiency and/or policy or regulation violations. Review of Disciplinary Actions Following normal chain of command reviews, disciplinary actions are subject to review by the City Manager if the employee so requests in writing within 5 working days following notice of action. This written request must include the disciplinary action taken, the circumstances surrounding the action, and the reason(s) the action is invalid. The City Manager shall have the authority to approve, disapprove, modify, or rescind any disciplinary action taken. The City Manager shall be final and binding arbiter in these matters. Employee Policies Handbook/Page 36 2. Employee Complaints Informal Oral Discussion The City believes employee concerns are best addressed through informal and open communication. Therefore, employees are directed to first discuss their work-related concerns with their immediate supervisor. The supervisor addressing the employee's complaint will attempt to resolve the complaint or explain why it cannot be resolved to the employee's satisfaction. Written Formal Complaints Following these informal discussions, employees remaining dissatisfied may submit a written complaint to their immediate supervisor, with a copy to Human Resources, within 15 working days. It is the responsibility of the immediate supervisor to study the complaint and attempt to resolve it within 10 working days. The resolution should be in writing and a copy given to the complaining employee and Human Resources. If the complaint cannot be satisfactorily resolved within the 10-day period, or if the complaining employee does not accept the supervisor's resolution, then the supervisor shall refer the matter, with comments and/or recommendations to the next higher level of supervision. The Department Director shall be the last person in the department to whom an unresolved matter will be taken. If the work-related complaint remains unresolved, the employee may request it be forwarded to the City Manager for disposition, and the employee shall be entitled to a written decision. The City Manager may direct Human Resources to investigate the complaint and recommend a decision based upon interviews and supporting written documents. The City Manager shall consider all parties' positions and make the final decision. Any intimidation, coercion, or threatened reprisals used to violate the intent of this complaint procedure by either the employee or any level of supervision shall constitute a basis for disciplinary action. 3. Texas Whistle Blowers Act The Texas Whistle Blowers Act provides that the City may not suspend or terminate the employment of, or otherwise discriminate against, a City employee who reports a violation of law to an appropriate law enforcement authority, if the employee report is made in good faith. Employee Policies Handbook/Page 37 VII. NON DISCIPLINARY TERMINATIONS 1. Voluntary Termination Employees voluntarily terminate their employment with the City when they: 1. Resign either verbally or in writing 2. Fail to report to work without notice to the City for 3 consecutive workdays unless the employee's absence is excused or FMLA protected leave 2. Inability to Perform Job With the approval of the City Manager, a Department Director may require that a current employee undergo a medical examination, at the City's expense, to determine if such employee is able to perform the essential functions of the employee's current position. Employees may be separated from City employment because of incapacity for medical reasons, either physical or mental, when the employee is no longer capable of performing the essential job functions of the position. 3. Termination Due to Reorganization, or Economics The City may need to terminate employees due to reorganization, eliminating jobs, budget constraints, or lack of work. The City will attempt to provide advance notice of such terminations. Terminations due to reorganization, eliminating jobs, budget constraints, or lack of work are not disciplinary terminations and are not subject to procedures applicable to disciplinary terminations. Employee Policies Handbook/Page 38 VIII. PERSONNEL RECORDS AND SEARCHES 1. Personnel Files Human Resources shall maintain the official personnel files for all City employees. Unless otherwise provided by law, personnel files shall be kept confidential and may not be used or divulged for purposes unconnected with the City's personnel management system except with the permission of the employee involved. Nothing herein shall prevent the dissemination of impersonal statistical information. Employees shall have the right of reasonable inspection of their personnel file under procedures prescribed by Human Resources. Employees may request and receive a copy of their personnel file or any portion thereof under procedures prescribed by the Human Resources. Non-employees who wish to inspect a current or former employee's personnel file shall either make a formal written request through Human Resources under the Open Records Act or subpoena the desired records through a court order. 2. Searches The City may conduct inspections or searches of City property with or without prior notice. The City may search City property regardless of whether the property is used exclusively by the employee and locked. Examples of City property include, but are not limited to City owned: 1. Vehicles 2. Workspaces 3. Desks 4. Lockers 5. Machinery 6. Computers IX. RETIREE MEDICAL COVERAGE Exhibit A 9 A Retiree Medical Coverage 1. The following persons are eligible for retiree medical coverage: A. Present retirees of the City of La Porte receiving retirement annuities as a aualified annuitant under the Texas Municioal Retirement System. who have retired in accordance with the City of La Porte Emoloyee Policies Handbook: and were employed by the City of La Porte at the time of their retirement. Employee Policies Handbook/Page 39 Retirees re-emploved after retirement from the City of La Porte that have emplover sponsored health care coverage available through the new emp/over may not continue health coverage with the City of La Porte. except for those with 30 years or more tenure with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary. which workinQ for a new employer offerinQ a health plan option. All applicable costs of the plan will still apply. In the case of Retirees that are reemploved bv a new emplover. and who subseauently retire from the new emplover. a one time deferral shall be allowed whereby the retiree may reioin the City of La Porte health plan as a retiree participant. regardless of age. If a aualifying retiree carried a spouse as a dependant at the time of their initial retirement. a retiree who reioins the City of La Porte health plan as a retiree participant under the one time deferral may include their spouse as a dependant. consistent with allowances made under Federal COBRA law. Retirees who are self-emploved are eligible for medical coverage. but occupational illnesses or iniuries shall not be covered. Annual contributions bv retirees to the health plan will be based on current active emp/ovee/dependent rates. B. City employees who retire from the City of La Porte employment on or before December 31, 2005, as a qualified annuitant under the Texas Municipal Retirement System; who retire in accordance with the City of La Porte Employee Policies Handbook; who complete at least 10 years of service with the City of La Porte, and are currently employed by the City of La Porte at the time of their retirement. Retirees re-employed after retirement from the City of La Porte that have employer sponsored health care coverage available through the new employer may not continue health coverage with the City of La Porte, except for those with 30 years or more tenure with the City of La Porte. If an employee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary, which working for a new employer offering a health plan option. All applicable costs of the plan will still apply. In the case of Retirees that are reemployed by a new employer, and who subsequently retire from the new employer, a one time deferral shall be allowed whereby the retiree may rejoin the City of La Porte health plan as a retiree participant, regardless of age. If a qualifying retiree carried a spouse as a dependant at the time of their initial retirement, a retiree who rejoins the City of La Porte health plan as retiree participant under the one time deferral Employee Policies Handbook/Page 40 may include their spouse as a dependant, consistent with allowances made under Federal COBRA law. Retirees who are self-employed are eligible for medical coverage, but occupational illnesses or injuries shall not be covered. Annual contributions by retirees to the health plan will be based on current active employee/dependent rates. C. City emplovees who retire from City of La Porte emplovment on or after January 01. 2006 and (1) who have a combination of years of service with the City of La Porte. plus age. totaling 80: and (2) who retire as a Gualified annuitant under the Texas Municioal Retirement System: who retire in accordance with the City of La Porte Emplovee Policies Handbook: who complete at least 20 years of service with the City of La Porte. and are currentlv emploved bv the City of La Porte at the time of their retirement. Retirees re-emoloved after retirement from the City of La Porte that have emplover sponsored health care coverage available through the new emolover may not continue health coveraGe with the City of La Porte. exceot for those with 30 years or more tenure with the City of La Porte. or for retirees re- emploved with the City of La Porte. If an emplovee works 30 years or more with the City of La Porte they may maintain the City of La Porte sponsored health plan as secondary. while working for a new emplover offering a health olanootion. In the case of Retirees that are reemploved bv a new emolover. and who subsequentlv retire from the new emolover. a one time deferral shall be allowed whereby the retiree may reioin the City of La Porte health olan as a retiree participant. regardless of age. If a qualifying retiree carried a spouse as a dependant at the time of their initial retirement. a retiree who reioins the City of La Porte health plan as retiree oarticipant under the one time deferral may include their spouse as a deoendant. consistent with allowances made under Federal COBRA law. All apolicable costs of the Plan will still applv. For those retirees who are self- emploved. occuoational illnesses or iniuries shall not be covered. Annual contributions bv retirees to the health plan will be based on a cost schedule determined bv years of service. as established under Section 5. "Premiums". of this chaoter. D. City employees meeting the eligibility requirements for (1) disability retirement under the Texas Municipal Retirement System Act and (2) have been declared permanently disabled under the Social Security Act, and have elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which shall be secondary to Medicare benefits, provided they have worked for the City of La Porte for ten (10) continuous Employee Policies Handbook/Page 41 years at the time of disability determination. Costs associated with retirement under this tier shall be 75% of the city cost. 2. The retiree and dependent coverage will be primary for those participants not yet qualified for Medicare. The coverage will be secondary for those retirees and retirees' dependents who are Medicare eligible. The Retiree and dependant coverage will be secondary for Retirees with 30 or more years tenure with the City of La Porte, who have employer sponsored health coverage available through their new employer, or for retirees reemployed with the City of La Porte, as hereinabove provided. If a covered retiree dies, dependents may continue coverage until the earlier of the date the surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until any unmarried children financially dependent upon the covered retiree is 25 years of age. Surviving dependents shall pay the appropriate contribution toward dependent coverage as established in this chapter.:. 3. Retirees who work for another employer offering health coverage shall not be eligible for retiree health coverage from the City after their subsequent employment ends, regardless of the length of service with the subsequent employer. 4. Retirees who delay their retirement annuity shall not be eligible for retiree health coverage from the City. 5. Premiums: The City of La Porte utilizes a self-funded medical plan so there are no formal premiums paid for health coverage. Each year, during the budget process, an amount is determined for each employee to cover claims and administration of the medical fund. The Total Premium Cost is the Total annual dollar allocated each year by budget as approved by City Council for the City of La Porte for Health Insurance for each employee, including employee and employer contributions. Costs to the retiree. retiring on or after January 01. 2006. shall be based on a cost schedule determined by years of service. outlined below. Under this schedule. a retiree pays a oercentage of the city's contribution to the olan particioant's health coverage. based on years of service. but oays the entire cost of dependant coverage. regardless of years of service. At least 20 years of service Retiree oays 60% of city cost + Dependent premiums At least 21 years of service Retiree pays 55% of city cost + Deoendent premiums Employee Policies Handbook/Page 42 At least 22 years of service Retiree pays 50% of city cost + Dependent premiums At least 23 years of service Retiree pays 45% of city cost + Dependent premiums At least 24 years of service Retiree pays 40% of city cost + Dependent premiums At least 25 years of service Retiree pays 35% of city cost + Dependent premiums At least 26 years of service Retiree pays 30% of city cost + Dependent premiums At least 27 years of service Retiree pays 25% of city cost + Dependent premiums At least 28 years of service Retiree oavs 20% of city cost + Dependent premiums At least 29 years of service Retiree pays 15% of city cost + Dependent premiums At least 30 years of service Retiree pays 10% of city cost + Dependent premiums Eligible dependents include: Your lawful spouse who is legallY married to and IiYinq with you: natural children: stepchildren: children who. before reaching the age of 18. are either adopted by you: or other children for whom YOU have care. custody and control under court decree. A deoendent child must be unmarried and rely on you for orimary supoort and maintenance. Dependent children remain eligible until age 25. 6. Retirees may not add dependents once retired. There are no qualifying events to add dependents. Deoendents may be droooed bv written request at any time. 7. Retirees shall pay all required contributions to the City by the 15th of the month of coverage. One annual statement will be mailed to retirees for selection of oayment plan: annual. bi-annual. Quarterly or monthlv. Failure to pay the required contribution will result in termination of the member's participation in the City of La Porte sponsored health plan. Payment delaved beyond 60 days will initiate COBRA notification for continuation of health coverage once the member is terminated from the Plan. Employee Policies Handbook/Page 43 EMPLOYEE ACKNOWLEDGMENT By accepting or continuing employment with the City of La Porte, you acknowledge that your employment is subject to all policies contained in this handbook and any other rules and regulations adopted by the City, department, or division and that you agree to conform to these policies and the rules and regulations. You also acknowledge that no officer or employee of the City has the authority to enter into any agreement on an employment policy that is contrary to the policies contained in this handbook. PLEASE READ THIS EMPLOYEE HANDBOOK AND FILL OUT AND RETURN THIS PAGE TO HUMAN RESOURCES WITHIN 1 WEEK OF RECEIPT Employee Name: This acknowledges that I have been given a copy of the City of La Porte Employee Policies Handbook and have read and understand the contents. I understand that the City may modify or rescind any policies, benefits, or practices described in the City of La Porte Employee Policies Handbook at any time without prior notice to me. Signed: Date: Employee Policies Handbook/Page 44 .,..,-.. ------ REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested September 25, 2006 Requested By: Mayor Alton E. Porter Appropriation Source of Funds: nla Department: MaYQr'~ Office Account Number: nla Report: Resolution: Ordinance: x Amount Budgeted: nla - .. Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION City Council to approve appointing positions on Boards and Commissions for vacant slots. Chapter 172 Employee, Retiree Insurance and Benefits Board: Citizen Position 2 - Term Expiration 8/31/2006 - vacated by Tina Fregia due to resignation. Citizen Position 1 - Term Expiration 8/31/2007 - vacated by Pat Rothermel Alternate Position 2 - No Term Expiration - position has never been filled La Porte Development Corporation Board - 4b Corporation Deborah Johnson - Term Expiration 2007 - resigned from board position vacant Youth Advisory Council Crystal Scott advised there will be no changes to the Youth Advisory Council until after school begins in the fall. Advise staff if any other changes regarding positions Council desires. Action ReQuired bv Council: Consider approving Ordinance appointing members to various Boards and Commissions and adopt the ordinance of choice regarding the Zoning Board of Adjustment Chairman. Date q ~d-O-D~ n 0 ItGhdJJ-t~w0 ORDINANCE NO. 2004-2782-N AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: · Indicates reappointment Section 1. The City Council of the City of La Porte hereby makes the following appointments to the Airport Advisory Board for the City of La Porte Municipal Airport, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position l. - Debra Rihn Position 2 . - Nick Hooke Position 3. - *Hector Villarreal Position 4. - * Tucker Grant Position 5. - Steve Gillett Position 6. - Eliminated by City Council on 7/13/98 by Ord. 98-2265 2007 2007 2009 2009 2007 FAA Representative William Gray No Term Airline Representative - Dan Myhaver No Term Section 2. The City Council of the City of La Porte hereby makes the following appointments to the Board of Directors of the City of La Porte Reinvestment Zone Number One, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Peggy Antone 2007 Position 2 * Da ve Turnquist 2008 Position 3 Alton Porter 2007 Position 4 *Horace Leopard 2008 Position 5 Doug Martin 2007 Position 6 *J.J. Meza 2008 Position 8 *Chester Pool 2008 The City Council of the City of La Porte hereby ratifies the following appointments by La Porte Independent School District and Harris County: Position 7 Dr. Say (LPISD) 2007 Position 9 Lindsay Pfeiffer (Harris Co.) 2007 Section 3. The City Council of the City of La Porte hereby makes the following appointments to the Chapter 172 Employee Retiree Insurance and Benefi ts Commi ttee, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Citizen Position 1 Citizen Position 2 Retiree Participant - Employee Participant- Finance Staff H.R. Staff Legal Staff Alternate to Citizen Positions 1 and 2 Vacant 2007 Vacant 2009 Buddy Jacobs 2008 Karen Beerman No Term Michael Dolby No Term Robert Swanagan No Term Clark T. Askins No Term G~orge Van Dyke Vacant No Term No Term Section 4. The City Council of the City of La Porte hereby makes the following appointments to the Fiscal Affairs Committee, 2 without term, or until their successors shall have been duly appointed and qualified: Date Appointed Chairman Chuck Engelken 1998 Committee Member - Barry Beasley 2004 Committee Member - Howard Ebow 1998 Alternate Membe r - Louis Rigby 2004 Alternate Membe r - Tommy Moser 2004 Section 5. The City Council of the City of La Porte hereby makes the following appointments to the Fire Code Review Board of the City of La Porte, for terms expiring on August 31st of the their successors shall have been duly year indicated, or until appointed and qualified: District 1 District 2 District 3 District 4 District 5 District 6 Tim Bird 2008 *Jeff Brown 2009 *Woodrow Sebesta 2009 *Floyd Craft 2009 Jim Bridge 2006 Lester Clark 2008 *Bryan Moore 2009 Paul Vige 2008 *Lynn Green 2009 At Large-A At Large-B Mayor Section 6. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Area Water Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: 3 Position 1 Robert Roy 2007 Position 2 Dennis H. Steger 2007 Position 3 Steve Va1arius 2007 Position 4 * Chester Pool 2008 Position 5 * Paul Berner 2008 Section 7. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are residents of the City of La Porte, and no more than four of whom are elected ci ty officials or city employees, to serve as directors of the City of La Porte Development Corporation without compensation, but with reimbursement for actual expenses, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chuck Engelken 2007 *Mike Clausen 2008 Tommy Moser 2007 *Bill Love 2008 Ed Matuszak 2007 * Pat Muston 2008 Vacant 2007 Section 8. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Health Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Health Authority Abdul R. Moosa, M.D. 2008 Alternate Robert D. Johnston, M.D. 2008 Medical Advisor/EMS Oscar Boultinghouse Contract 4 Section 9. The City Council of the City of La Porte hereby makes the following appointments to the La Porte Redevelopment Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Peggy Antone 2007 *Dave Turnquist 2008 Alton Porter 2007 *Horace Leopard 2008 Douglas Martin 2007 *J.J. Meza 2008 Dr. Say 2007 *Chester Pool 2008 Lindsay R. Pfeiffer, Chairman 2007 The City Council of the City of La Porte hereby makes the following appointments to the Main Street District Committee, an "ad hoc" committee, without term, or until their successors shall have been duly appointed and qualified: Position 1 Bill Manning, Chairman No Term Position 2 Robert Schlenk, Vice Chairman No Term Position 3 Deborah Johnson No Term Position 4 Douglas Martin No Term Position 5 Vicki Campise No Term Position 6 Paul Berner No Term Position 2 Position 3 Position 4 Position 5 Position 6 Position 7 Position 8 Position 9 Section 10. Position 7 Position 8 Position 9 Pat Muston Gloria Lair Brenda Brown No Term No Term No Term 5 Section 11. The City Council of the City of La Porte hereby makes the following appointments to the Main Street Advisory Board, a new Board required by the Texas Historical Commission, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position l- Ed Matuszak 2008 Position 2- Vicki Campise, Chair 2008 Position 3- Bill Manning Jr. 2008 Position 4- Leandro Suarez 2009 Position 5- *Jerry Carpenter, Vice Chair 2009 Position 6- Amanda Seymore 2009 Position 7- Michaelyn Dunaway 2007 Position 8- Clare Zaborowski Sec./Treasurer 2007 Position 9- Lawrence McNeal 2007 Position 10 Position 10 eliminated by Ordinance 2004-2782- L on August 28th, 2006, by City Council Action Position 11 Position 11 eliminated by Ordinance 2004-2782- L on August 28th, 2006, by City Council Action There are also three (3) Ex Officio members of this Board: 1 the City of La Porte's Main Street Coordinator 2 the City Manager of the City of La Porte, or her designee 3 the Manager of the La Porte-Bayshore Chamber of Commerce Section 12. The City Council of the City of La Porte hereby makes the following appointments to the City of La Porte Planning and Zoning Commission, for terms expiring on August 31st of the 6 year indicated, or until appointed and qualified: Chairman their successors shall have been duly *Pat Muston 2009 Doretta Finch 2008 *Nick Barrera 2009 *Kirby Linscombe ,Jr. 2009 Dottie Kaminiski 2007 Paul Berner 2007 Claude Meharg 2008 Hal Lawler 2007 Les Bird 2008 The City Council of the City of La Porte hereby makes the following appointments to the Southeast Texas Housing Finance Corporation Board of Directors, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Director *Patricia Muston District 1 District 2 District 3 District 4 District 5 District 6 Alternate 1 Alternate 2 Section 13. 2009 Section 14. The City Council of the City of La Porte hereby makes the following appointments to the Youth Advisory Council, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Shelby Barnett 2005 Position 2 Hiba Haroon 2005 Position 3 Chaise J. Merritt 2005 Position 4 Laura J. Low 2005 Position 5 Amanda Gass 2005 Position 6 Brandy C. Hickey 2005 7 Position 7 Clemea J. Donaldson 2005 Position 8 Brandon C. Lunsford 2005 Position 9 Pierre N. Castillo 2005 Position 10 LaSadra M. Hillman 2005 Position 11 Margo R. Curette 2005 Position 12 Marc R. Vanderbrink 2005 Position 13 Carol Parmer 2005 Position 14 Mia Parisi 2005 Position 15 Taylor Ryan Rowan 2005 Position 16 Ashley N. Weddle 2005 Section 15. The City Council of the City of La Porte hereby makes the following appointments to the Zoning Board of Adjustment, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Sidney Grant 2007 Position 2 Bob Capen 2007 Position 3 Rod Rothermel 2007 Position 4 Charles Schoppe 2007 Position 5 George (Bill) W. Maltsberger 2007 Alternate 1 *Lawrence McNeal 2008 Alternate 2 *Gilbert Montemayor 2008 Section 16. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are resident electors of the City of La Porte or non-resident individuals owning or operating a business within the City of La Porte, duly verified by proof of an applicable tax statement or utility 8 account for such business, and each of whom the City Council deems competent to serve on such Board by virtue of their experience and training in matters pertaining to building construction, and none of whom are employed by the City of La Porte, to serve as members of the Building Codes Appeals Board for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Position 1 Tom Campbell, Chairman 2007 Position 2 Terry Bunch, Vice Chairman 2007 Position 3 Paul Larson 2007 Position 4 Ron Holt 2007 Position 5 Ken Schlather 2007 Position 6 John Elfstrom 2007 Position 7 Bruce Compton 2007 Section 17. The City Council of the City of La Porte hereby makes the following appointment to the Fire Fighters Pension Board of Trustees, to serve without term or until his successor shall have been duly appointed and qualified: City Council Representative *John Joerns 2007 Section 18. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, 9 sentence, phrase or clause, or part thereof, may be declared invalid. Section 19. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 20. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 21. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 25 TH day of September, 2006. CITY OF LA PORTE By: Alton E. Porter Mayor ATTEST: Martha A. Gillett City Secretary 10 APPROVED: Clark T. Askins Assistant City Attorney 11 A REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Sentember 25. 2006 Requested By: Susan Kellev .d ~ Department: Purchasing Annrollriation Source of Funds: Account Number: Report: Resolution: X Ordinance: Amount Budgeted: Exhibits: Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: WORKSHOP SUMMARY & RECOMMENDATION On June 26, 2006, staff presented a recommendation for Council to approve continued participation with H.GAC Energy Purchasing Corporation to obtain a contract with an electricity provider. Council requested additional infonnation and asked staff to consider other options, specifically, General Land Office (GLO). Staff researched other altel11atives, including hiring a consulting fum to assist with a RFP process and evaluation of proposals. This option did not seem feasible due to cost. Staff also attended meetings with surrounding cities on beginning a Gulf Coast Region Electricity Aggregation, but this will not be an established, viable entity in time for us to purchase electricity for January 1,2007. In June 2006, staff viewed the GLO website and contacted Pat Gardner Young, Reliant's representative, to leam more about a transmission charge listed on the website. Ms. Young replied this was a monthly fee that varies; accounts with lower load factors have higher costs. What concerned me most was the price had steadily increased from $0.00935 in January 2006 to $0.06 in June 2006 and fluctuated until September, ending with $0.045. On September 12, 2006, staff attended another meeting with H-GAC to receive an update on their program. H-GAC now allows entities to request pricing from other entities under their contract, including GLO. Since the City of La Porte must sign a resolution exclusively with GLO or H-GAC to act as ow' agent, staff recommend signing with H-GAC and include GLO in the pricing request. CGP Solutions, at the City's request, will verify all accounts with current suppliers to ensure correct load and usage is requested during the pricing process. If Council agrees, this resolution will be brought to the October 9, 2006 meeting. q -cU;-D 0 Date B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 25. 2006 Requested By, Rodney Slaton ' t, ~ Department: Plannme Appropriation Source of Funds: NA Account Number: NA Report: ~Resolution: _Ordinance:_ Amount Budgeted: NA Budgeted Item: NA NA Exhibits: F216 Project Layout Pictures of Similar Concept 95% Engineering Design Amount Requested: SUMMARY & RECOMMENDATION The target area for the F216 Drainage Project is outlined on Enclosure 1. As previously submitted to Council in April 2006 the overall concept was revisited with the engineering consultant (Binkley & Barfield) and hydrologic models were run anticipating utilizing more storage area in the downstream areas thereby decreasing the amount of excavation upstream. This would have allowed for more park area in the upstream portion of the project. However, the aforementioned models run by the consultant did not yield the anticipated storage volumes so the concept was rejected. The purpose of the storage was to decrease the 100-year flood plain width in the upstream areas ofF216, most notably around Barbours Cut Boulevard. The present design utilizes most all of the City's property from SH 146 upstream approximately 2,700 linear feet. It also shifts the existing flowline of F216 over in order to maximize the amount of cut for storage. This shift in stream flowline will increase the amount of coordination with Army Corps of Engineers (USACE) as well as lengthen the permitting process. It is possible to have a trail system along both the shelf and top bank of the proposed detention facility as well benches and equipment along the bank slopes. The gentle slope of the bank slope lends itself to this concept. However, the rustic nature of the existing stream will be temporarily eliminated due to the shifting of the stream flowline. It will not have a natural look to it. Although there are not many trees along the waterline the present state of F216 does have a natural feel to it. However, the proposed alignment of F216 will still have a meandering course and with planting of trees will approach what is presently there in time nature will reclaim what was lost in the excavation process. Action Required bv Council: 1. Review the attached concept and provide Staff with direction. Approved for City Council Aeenda Cf -df)-o ~ Date c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 9-20-06 1Z..L~ Appropriation Requested By: Rohert Swanaean Source of Funds: Department: HumaR ReliQUn:eli Account Number: Report: X Resolution: Ordinance: Amount Budgeted: Exhibits: N/A Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Request for a report presentation be made to City Council by the Mercer Group regarding Employee Compensation Study at the September 25,2006 City Council Meeting. Action Required bv Council: Receive report from the Mercer Group and provide staff with direction. 91 c)j ~() ~ Date EXHIBIT I-POSITION LISTING EMS PAY PLAN PAY GRADE MINIMUM MIDPOINT MAXIMUM EMS 1 $37,401.00 $64,516.73 $54,231.45 PARAMEDIC I EMS 2 $40,019.07 $69,032.90 $58,027.65 PARAMEDIC II EMS 3 $42,820.40 $73,865.19 $62,089.58 PARAMEDIC III EMS 4 $45,817.83 $79,035.76 $66,435.85 SHIFT SUPERVISOR EMS 5 $49,025.08 $84,568.27 $71,086.37 ASSISTANT EMS CHIEF Preliminary Recommendations September 25,2006 Page 1 City of La Porte The Mercer Group, Inc. EXHIBIT I-POSITION LISTING (Continued) FIRE PAY PLAN PAY GRADE MINIMUM MIDPOINT MAXIMUM FIRE! $42,692.00 FIRE ENGINEER $48,028.50 $53,365.00 Preliminary Recommendations September 25, 2006 Page 2 City of La Porte The Mercer Group, Inc. EXHIBIT I-POSITION LISTING (Continued! GENERAL PAY PLAN PAY GRADE MINIMUM MIDPOINT MAXIMUM 53 $20,603.16 $25,753.95 $30,904.74 ADMINISTRATIVE AIDE CUSTODIAN-SYLVAN BEACH INSPECTION SERVICES TECHNICIAN CLERK WASTE TECHNICIAN $22,045.38 $27,556.73 $33,068.07 CUSTOMER SERVICE REPRESENT A TIVE P ARTS ASSISTANT THERAPEUTIC REC. ASSISTANT $23,588.56 $29,485.70 $35,382.84 ADMINISTRATIVE ASSISTANT I EQUIPMENT OPERA TOR I MAINTENANCE TECHNICIAN I BUILDING MAINTENANCE TECHNICIAN RECORDS TECHIDEPUTY CLERK TAX SERVICE CLERK $25,239.76 $31,549.70 $37,859.64 ASSIST ANT RECREATION THERAPIST DEPUTY COURT CLERK DISP A TCHER EVIDENCE CUSTODIAN FITNESS CENTER SPECIALIST GOLF COURSE MAINTENANCE TECHNICIAN HUMAN RESOURCE SPECIALIST I LEAD CUSTODIAN-SYLVAN BEACH MECHANIC ASSIST ANT METER READER P ARKS AND RECREATION CUSTOMER ASSIST ANT I UTILITY OPERATOR I $27,006.54 $33,758.18 $40,509.81 EQUIPMENT OPERATOR II FINANCIAL SERVICES TECHNICIAN GOLF COURSE-CART MECHANIC MOSQUITO CONTROL TECHNICIAN P ARK MAINTENANCE TECHNICIAN II P ARKS AND RECREATION CUSTOMER ASSIST ANT II RECREATION ASSISTANT - E.K. RECREATION ASSISTANT-FAIRMONT 50 51 52 54 Preliminary Recommendations September 25,2006 Page 3 City of La Porte The Mercer Group, Inc. EXHIBIT I-POSITION LISTING (Continued) GENERAL PAY PLAN (Continued) PAY GRADE 54 55 56 57 MINIMUM MIDPOINT MAXIMUM $27,006.54 $33,758.18 $40,509.81 RECREATION ASSISTANT-JR SENIOR SERVICES ASSISTANT II SYLVAN BEACH EVENT COORDINATOR THERAPEUTIC REC. SPECIALIST TIRE TECHNICIAN UTILITY BILLING ASSISTANT I WAREHOUSE COORDINATOR WATER PRODUCTION TECH $28,897.00 $36,121.25 ANIMAL CONTROL OFFICER CHIEF DEPUTY COURT CLERK MECHANIC UTILITY OPERATOR II $30,919.79 $38,649.74 ASSIST ANT FIRE MARSHAL CODE ENFORCEMENT OFFICER CRIMINAL INVESTIGATIONS SPECIALIST GOLF COORDINATOR HUMAN RESOURCES SPECIALIST III LIFT STATION OPERATOR MULTI-MEDIA TECHNICIAN POOLS MAINTENANCE TECHNICIAN VICTIMS ASSISTANCE LIAISON $33,084.18 $41,355.23 CITY MARSHAL DEPUTY TAX COLLECTOR EQUIPMENT OPERA TOR III FACILITY MAINTENANCE TECHNICIAN GIS TECHNICIAN INSPECTION SERVo COORDINATOR INSPECTOR I METER READER SUPERVISOR P ARK MAINTENANCE TECHNICIAN III P ARTS MANAGER SENIOR ANIMAL CONTROL OFFICER-PROPOSED POSITION SENIOR GOLF COURSE MAINTENANCE TECHNICIAN LIFT STATION OPERATOR SR. FINANCIAL SERV.TECHNICIAN $43,345.50 $46,379.69 $49,626.27 Preliminary Recommendations September 25,2006 Page 4 City of La Porte The Mercer Group, Inc. EXHIBIT I-POSITION LISTING (Continued), GENERAL PAY PLAN (Continued) PAY GRADE MINIMUM MIDPOINT MAXIMUM 61 $33,084.18 $41,355.23 $49,626.27 SUPERVISORY ADMINISTRATIVE ASSISTANT UTILITY MAINTENANCE OPERATOR III WATER PRODUCTION OPERATOR II $35,400.07 $44,250.09 $53,100.11 ACCOUNTANT BUYER DISPATCH SUPERVISOR EXECUTIVE ASSIST ANT HUMAN RESOURCES ANALYST MECHANIC III SENIOR SERVICES PROGRAM COORDINATOR UTILITY MAINTENANCE OPERATOR III UTILITY OPERA TOR III W ASTEW A TER- TREATMENT PLANT OPERA TOR II $37,878.07 $47,347.59 $56,817.11 ACCOUNTING COORDINATOR COMPUTER SUPPORT SPECIALIST ENGINEERING TECHNICIAN GOLF COURSE MECHANIC INSPECTOR II $40,529.53 $50,661.92 $60,794.30 AQUATIC/SPECIAL EVENT COORDINATOR ASSISTANT CITY SECRETARY ENGINEERING TECHNICIAN COORDINATOR MANAGEMENT ASSIST ANT POLICE COMPUTER SYSTEMS SPECIALIST RECREATION PROGRAMS COORDINATOR SECOND ASST. GOLF PRO SR. TREATMENT PLANT OPERATOR SURVEY PARTY CHIEF $43,366.60 $54,208.25 $65,049.90 ANIMAL CONTROL SUPERVISOR BUDGET/INVESTMENT OFFICER FACILITY MAINTENANCE SUPERVISOR FIRST ASSIST ANT GOLF PRO PARK MAINTENANCE SUPERVISOR SOLID WASTE SUPERVISOR 57 58 59 60 Preliminary Recommendations September 25,2006 Page 5 City of La Porte The Mercer Group, Inc. EXHIBIT I-POSITION LISTING (Continued), GENERAL PAY PLAN (Continued) PAY GRADE MINIMUM MIDPOINT MAXIMUM 67 $46,402.26 $58,002.83 $69,603.39 RECREATION THERAPIST SAFETY/LOSS PREVENTION COORDINATOR STREET MAINTENANCE SUPERVISOR UTILITY SUPERVISOR WATER PRODUCTION SUPERVISOR $49,650.42 $62,063.03 $74,475.63 CAPIT AL IMPROVEMENT COORDINATOR COMPUTER SYSTEM ADMINISTRATOR COURT ADMINISTRATOR DEPUTY BUILDING OFFICIAL EQUIPMENT SERVICES SUPERVISOR GIS MANAGER REVENUE MANAGER TAX MANAGER $53,125.95 $66,407.44 $79,688.93 ASST. UTILITY SUPERINTENDENT DOWNTOWN REDEVELOPMENT COORDINATOR FIRE MARSHAL GOLF COURSE SUPERINTENDENT RECREATION SUPERINTENDENT SPECIAL SERVICES SUPT. TREATMENT PLANT SUPERVISOR $56,844.77 $71,055.97 $85,267.16 EMERGENCY MANAGEMENT COORDINATOR EQUIPMENT SERVICES SUPERINTENDENT P ARKS AND RECREATION OPERATIONS MANAGER STREET MAINTENANCE SUPERINTENDENT SUPERINTENDENT OF PARK MAINTENANCE UTILITY SUPERINTENDENT $60,823.90 $76,029.88 $91,235.85 CITY PLANNER CONTROLLER PURCHASING MANAGER $65,081.57 $81,351.97 $97,622.36 CHIEF BUILDING OFFICIAL GOLF COURSE MANAGER 62 63 64 65 66 Preliminary Recommendations September 25, 2006 Page 6 City of La Porte The Mercer Group, Inc. EXHIBIT I-POSITION LISTING (Continued) GENERAL PAY PLAN (Continued) PAY GRADE 68 69 70 71 72 73 MINIMUM MIDPOINT MAXIMUM $69,637.28 $87,046.60 $104,455.92 ASST. PUBLIC WORKS DIRECTOR $74,511.89 $93,139.87 $111,767.84 CITY ENGINEER CITY SECRETARY HUMAN RESOURCES DIRECTOR IT DIRECTOR $79,727.72 $99,659.65 ASSISTANT FIRE CHIEF EMS CHIEF $85,308.66 $106,635.83 DIRECTOR OF FINANCE DIRECTOR OF PARKS & RECREA nON $91,280.27 $114,100.34 $136,920.41 DIRECTOR OF PLANNING DIRECTOR OF PUBLIC WORKS POLICE CHIEF $97,669.89 $122,087.37 ASSIST ANT CITY MANAGER $119,591.58 $127,962.99 $146,504.84 Preliminary Recommendations September 25,2006 Page 7 City of La Porte The Mercer Group, Inc. POLICE PAY PLAN PAY GRADE POLICE 1 POLICE 3 POLICE 5 EXHIBIT I-POSITION LISTING (Continued), MIDPOINT $46,681.58 MAXIMUM $53,634.15 MINIMUM $39,729.00 DETECTIVE DETECTIVE - CID PATROL OFFICER PATROL OFFICER-DOT IA DETECTIVE CRIMINAL INVESTIGATION J.D. OFFICER SPECIAL OP. DETECTIVE SPECIAL OPERATIONS OFFICER LPISD OFFICER CRIME PREVENTION OFFICER $52,879.30 $62,133.18 PATROL SERGEANT-SHIFT SERGEANT -CID SERGEANT-SUPPORT SERVICES SERGEANT -SPECIAL OPERATIONS $63,983.95 $75,181.14 $86,378.33 ASSISTANT POLICE CHIEF LIEUTENANT - CID LIEUTENANT -P A TROL LIEUTENANT -SUPPORT SERVICES $71,387.06 Preliminary Recommendations September 25, 2006 Page 8 City of La Porte The Mercer Group, Inc. COMPENSATION AND CLASSIFICATION STUDY PRELIMINARY REPORT FOR THE CITY OF LA PORTE, TEXAS September 25, 2006 COMPENSATION AND CLASSIFICATION STUDY PRELIMINARY REPORT FOR THE CITY OF LA PORTE, TEXAS I. BACKGROUND AND SCOPE OF SERVICES The Mercer Group, Inc. was retained by the City of La Porte, Texas to conduct a Compensation and Classification Study. BACKGROUND The City of La Porte is a home rule city with a Council- manager type of government. The City provides a full array of services to a population of approximately 33,000 citizens. The City is governed by a nine-member Council, which is responsible for setting City operating policies, creating needed ordinances, and balancing the City's annual budget. The City Manager is the chief administrative officer for the City. The City employs approximately 400 full-time employees and part-time employees within eight (8) departments. The last major compensation and classification study was performed in 2001. The City of La Porte has approximately 171 different classifications. City employees receive an evaluation and merit increase after successful completion of six month and on an annual basis thereafter. GOALS AND OBJECTIVES ~ Accurately reflects value the City of La Porte places on jobs, both internally and compared to market. ~ Provides method by which the City can establish future pay plans. ~ Results in higher level of satisfaction that work is compensated fairly. ~ Improved productivity. ~ Provides flexibility for managers to reward deserving employees. SCOPE OF SERVICES As stated by the City, Services include, but not be limited to: ~ Work with City Staff to identify a market position and pa philosophy for the City of La Porte; consider and study both internal and external equity. ~ Identify a survey labor market and benchmark classifications and conduct a customized market survey of appropriate labor markets. ~ Review current salary structures as to the number of salary schedules, number of pay grades, internal between pay grades, ranges of pay grades, and make written recommendations. Preliminary Report The Mereer Group. Ine. September 25. 2006 Compensation and Classification Study City of La Porte, Texas Page 2 )0> Allocate positions to the proper classifications by analyzing job descriptions by interviewing incumbent employees if necessary. Any requests for confidentiality must be respected. )0> Meet with City representatives to discuss proposed plan. Review as necessary and recommend implementation strategies. )0> Present final plan to City Council. )0> Provide staff training on maintenance of the revised system. )0> Provide maintenance manuals for future in-house job analyses and adjustment of compensation levels. )0> Provide report for an adverse impact analyses. Optional Services: )0> Provide a projection of job turnover in strategic positions )0> Review part-time salary structure )0> Recommend salary compensation for contract employees II. METHODOLOGY The Mercer Group, Inc. methodology for classification and compensation studies is a combination of specific internal and external data which places the salary schedule into parity with the defined market and each position into parity with all other positions. From this internal and external data pay levels are determined, positions are classified and placed into the salary schedule, and ongoing methods of maintaining the system are developed. Detailed descriptions of the methodologies are described below. A. Classification Methodology The classification process began with orientation. Each department head had an individual orientation session to review their department structure, discuss areas of concern, and study methodology. Group employee orientation sessions were also conducted reviewing the study methodology, the employee's role in the study and distribution of Position Questionnaires. All employees were provided questionnaires regardless of their ability to attend orientation. The completed questionnaires provide detailed information on the requirements and responsibilities of each job. The questionnaire contains comments from the employees' direct supervisor and department head to clarify any issues. Position Questionnaires were submitted by City of La Porte employees covering 100% of all positions. The questionnaires were reviewed by The Mercer Group staff and were followed by a series of interviews covering 100% of positions. The combination of questionnaire and interview ensures a thorough understanding of each position. That understanding is critical, as it becomes the basis for the rating of each position using a Factor Evaluation System. Preliminary Report The Mercer Group, Ine. September 23,2006 Compensation and Classification Study City orLa Porte, Texas Page 3 The Mercer Group, Inc. Factor Evaluation System (FES) is used to provide a numerical rating for all positions within the City of La Porte. Factor evaluation systems provide a method of classifying positions based on the work performed. The systems generally are easy to understand and apply and can be used to classify and re-classify both permanent and part-time positions. In developing the factor system used by the Mercer Group the following principles are applied: . Important elements of each job should be measured by consistent factors. . The factors must be explainable and clearly defined. . Factors should relate to observable and measurable aspects of the job. . Factors should relate to the business of the organization, i.e. local government. . The number of factors should be limited for administrative ease but should reflect all aspects of the positions rated. The factors used in the Mercer FES are: Factor 1 - Knowledge Required: Assigns points based on skills, knowledge, and educational level required by the job. Factor 2 - Supervisory Controls: Points are assigned based on the nature and extent of direct supervision required over the position. Factor 3 - Supervision Exercised: Measures the amount of supervision or management exercised by the position. Factor 4 - Guidelines: Measures the nature of existing guidelines and the judgment needed to apply them. Factor 5 - Complexity: Measures the nature, number, variety and intricacy of tasks, steps or processes in the work performed by the position. Factor 6 - Scope and Effect: Compensation and Classification Study City of La Porte. Texas Page 4 Preliminary Report The Mercer Group. IDe. September 2:i. 2006 Measures the nature of the work and its effect both inside and outside the organization. Factor 7 - Personal Contacts: Measures contacts with co-workers, the public and others required in performing the duties of the position. Factor 8 - Purpose of Contacts: Measures the level of informational exchange in the personal contacts identified in Factor 7. Factor 9 - Physical Demands: Includes physical characteristics and abilities needed as well as the level of exertion required in performing the duties of the position. Factor 10 - Work Environment: Considers the risks and discomforts in the physical surroundings. Every position in the City of La Porte was rated using the system. Those ratings were then used to determine where each position fit in the salary schedule. This process provided for internal equity. B. CompensationlMarket Survey Methodology The Compensation/Market Survey is a data-collection process which ensures a fair and equitable comparison of the pay structure. The result of this process is the accurate comparison of the City of La Porte pay plan with the pay plans of comparable organizations. The primary objective of the market survey and analysis is to determine how the compensation levels for the City of La Porte's job classes compare to that of similar employers with whom the City must compete for employees. The results of the market survey are used to accurately connect the City of La Porte's pay plan to the marketplace, ensuring the ability of the City to recruit and retain qualified employees and to provide an effective basis for managing salary costs. By combining the market survey data with the point factor system described above, both external equity and internal salary relationships are reflected in the resulting salary setting process. Market Survey Employer Selection Preliminary Report The Mercer GI'OU~ Ine. September 2:i. 2006 Compensation and Classification Study City of La Porte, Texas Page :i The employers selected for the market survey should define as accurately as possible the "Labor Market" within which the City of La Porte competes. Organizations were selected using the following criteria: Geographic Proximity - Comparison organizations located within a reasonable commuting distance were selected. Selecting employers in relatively close geographic proximity ensures that the market will reflect the City of La Porte's cost of living, growth rate and other demographic characteristics. Nature o/Services Provided - Organizations were selected which provide a similar range of services, these organizations are most likely to compete with each other for employees, likely to have comparable jobs, and are likely to have similar organizational structures. Each of these factors was taken into consideration in the identification of an appropriate labor market for the City of La Porte. City employees and management assisted in the identification of market organizations. The organizations from which survey data was obtained are: Baytown Brazoria County Chambers County Friendswood Galveston City Galveston County Houston League City Pasadena Pearland Village Fire Department Two Plants Responded Survey Benchmark Position Selection The second step in preparing for the market survey is the identification and selection of Benchmark positions. The benchmark positions are a representative sample of all positions contained in the City of La Porte's classification system and provide a reference point for developing salary recommendations for all non-benchmark positions. Benchmark positions are those which meet the following criteria: PreUminary Report The Mercer Group, Ine. September 2:',2006 Compensation and Classification Study City of La Porte, Texas Page 6 . Well-defined positions presumed to exist within the local government and private organizations which are to be surveyed; . Encompass a variety of skill levels within the organization; . Reasonably well known and understood positions which are clearly and concisely described; . Represent a variety of pay levels within the organization. The benchmark positions selected for the comparison survey are listed below: Benchmark Positions Accountant Animal Control Officer Buyer Chief Building Official City Engineer City Planner Community Service Inspector Computer System Administrator Custodian II Customer Service Clerk Deputy Court Clerk Director of Public Works Dispatcher Engineering Technician Equipment Operator I Financial Services Technician Assistant Director of Finance Fire Engineer GIS Technician Golf Course Superintendent Human Resources Specialist III Inspector I Prelhninary Report The Mefter Group, Ine. September 25,2006 Compensation and Classification Study City of La Porte, Texas Page 7 Mechanic Office Coordinator Paramedic I Park Maintenance Worker I Patrol Officer - Dot Patrol Sergeant Recreation Programs Coordinator Secretary I Secretary IV Shift Supervisor Solid Waste Worker Street Maintenance Supervisor Treatment Plant Operator II III. FINDINGS A. Classification During the orientation phase of the study all employees received a Position Questionnaire requesting details of their particular positions relating to the ten industry accepted factors of their jobs, plus a discussion section in which the employee was requested to present any additional information or opinions concerning the duties or conditions of the position. Position questionnaires were completed by employees and submitted for review by supervisors and management. The Mercer Group completed interviews based on information contained in the questionnaires with employees either individually or in small groups, thereby acquiring detailed information on all City of La Porte positions. During the interview process, one hundred thirty-eight (138) possible separate position classifications were identified and assigned a "Factor Reference". The Factor Reference is an identification used during the administration of the Factor Evaluations System to identify potentially unique positions. Through the administration of the Factor Evaluation System, this number was reduced. B. Salary Compensation At the inception of the project, the City of La Porte maintained four pay plans with: · General Pay Plan: The General Pay Plan consisted of 39 levels with approximately a 4% spread between grades and a 50% from minimum to maximum. As a result of thorough analysis we recommend a minimum, midpoint, maximum system containing PreHminary Report The Mercer Group, IDe. September 2:i, 2006 Compensation and Classification Study City of La Porte, Texas PageS 24 grades, having a spread of 7% between grades, and a 50% spread minimum to maxtmum. . EMS Pay Plan: The EMS Pay Plan consisted of 5 levels with a variety of spreads between grades and variety a spread from minimum to maximum ranging from 36% to 50%. As a result of thorough analysis we recommend a minimum, midpoint, maximum system containing 5 grades, having a spread of 7% between grades, and a 45% spread minimum to maximum. . Police Pay Plan: The Police Pay Plan consisted of 5 levels with a variety of spreads between grades and variety a spread from minimum to. As a result of thorough analysis we recommend a minimum, midpoint, maximum system containing 6 grades (one unused grade), having a spread of 10% between grades, and a 35% spread minimum to maximum. . Fire Pay Grade: The Fire Pay Grade consisted of one grade with a 50% spread. We recommend one grade with a 25% spread. Through analysis and consultation with employees, and management, an extensive list of comparable organizations was chosen to be surveyed regarding the minimum, midpoint, and maximum salary offered for the benchmark positions. The Mercer Group, Inc. was able to obtain information from thirteen (13) of the comparable organizations. In addition, data was obtained on thirty (30) benchmark positions. This totals approximately 181 pieces of minimum salary data. Using this survey data, The Mercer Group identified an overall pay scale against which the City of La Porte is competing for all employees. (No individual employee's pay is directly determined by this survey data, nor is it accurate to compare an employee's actual salary with individual or aggregate salary information obtained for a particular benchmark position.) The new pay plan was developed to place the City in a more competitive position. The new pay plans places the City of La Porte in approximately the fifth percentile of the market. Once all positions were analyzed and factored and the pay plans were developed, the positions were grouped into pay grades as indicated by total factor scores. New Titles listed by New Pay Grade can be found in Exhibit I. Preliminary Report The Mercer Group, Inc. September 23.2006 Compensation and Classification Study City of La Porte, Texas Page 9 IV. SPECIAL PROVISIONS AND RECOMMENDATIONS Following extensive discussions and deliberation, The Mercer Group, Inc. offers the following provisions and recommendations: A. Hiring OtTer We recommend allowing hiring up to the Midpoint of a salary grade with recommendation from a Department Head and approval from the Human Resources Director and the City Manager for applicants with qualifications exceeding the stated minimum for the position. B. Annual Market Adjustment We recommend the City make annual adjustments to the Pay Plans based on annual analysis of the CPI, wage indices and other compensation trend indicators as well as budgetary conditions. Upon receipt of this data, the Council would vote annually on the applicability and ability of the City of La Porte to apply a market adjustment to the salary structure. C. Employee Promotions or Transfers We recommend that if an employee is transferred or promoted to a position in a higher classification (grade), the employee will receive the minimum rate of pay for the new classification or an increase of 7%, whichever is greater. D. Market Impact Positions We recommend the designation of certain positions as "Market Impact Positions" based on the following criteria: 1. High turnover rate 2. Difficulty in recruiting candidates 3. Difficulty in filling the position The Department Heads shall identify positions meeting these criteria and recommend them to the City Manager for "Market Impact" designation. For positions so designated: 1. Conduct market survey of salaries being offered and paid by other organizations 2. Identify the market rate for the position. 3. Raise the hiring rate for the position to the market rate. Preliminary Deport The Mercer Group, Ine. September 2~, 2006 Compensation and Classification Study City of La Porte, Texas Page 10 For Positions so designated in which there are also incumbents in addition to vacanCIes: Raise the current salary of the incumbent by the same percentage as calculated between the old hiring rate and the new market rate, only for incumbents whose most recent job performance evaluation is at or above the level of "Meets Expectations," or other applicable salary adjustments based on additional certifications or qualifications. If the incumbent initially fails to qualify for this market adjustment but is evaluated at a later date as "Meets" or above, the incumbent's salary shall be adjusted to the full market percentage as of the date of the most recent evaluation. This provision applies only as long as the position remains designated as a "Market Impact Position". Positions designated as "Market Impact" will be reviewed at least annually for the designation to be renewed or discontinued. In cases where the status is discontinued, all salary adjustments awarded as a result of the status will remain in force. No future salary adjustments will be awarded based on "Market Impact" designation unless the position is re-designated as "Market Impact" at a future date. We current do not recommend any current positions be designated as Market Impact at this time. E. FLSA Upon finalization of the pay system we will be recommendations for those positions which should be designated through the Fair Labor Standards Act as Exempt from overtime. One of the following criteria must be met for each exemption:* . Exempt-Administrative: 1) Office or Non-manual position related to management policies or general business operations; and 2) Uses discretion and independent judgment; and 3) Performs, only under general supervision, specialized or technical work requiring special training, experience, or knowledge; and 4) Is compensated on a salary or fee basis. . Exempt-Executive: 1) Management; and 2) Directs 2 or more employees; and 3) Recommends employee status; and 4) has discretionary powers; and 4) is compensated on salary basis; and 5) spends at least 51 % of hislher time performing supervisory and management related duties. . Executive-Professional: 1) Advanced knowledge acquired by prolonged course of specialized intellectual instruction and study (not general academic instruction or apprenticeship.); and 2) Uses discretion and judgment; and 3) Intellectual and varied work; and 4) Is compensated on salary or fee basis. Compensation and Classification Study City of La Po~ Texas Page II Preliminary Report The Hefter Group, Ine. September 2:',2006 F. Fluid Positions Upon fmalization of the pay systems we may recommend some positions be considered Fluid Positions. When the department head is satisfied that the employee has met the qualification for the next level, the department head can then recommend to the Human Resources Director and the City Manager that the employee be promoted to the position regardless of vacancies. In the event of a vacancy in any Fluid Position, the new hire would be placed into the position for which they currently hold the qualifying certification. G. Performance Evaluation System To reward exceptional performance and excellence as well as to avoid compression of salary structure resulting in newly hired employees being paid almost as much as veteran employees in the same position, we recommend the use of a performance driven merit pay system. In the future when employees are at the maximum of their salary range and deserving merit pay, award the merit pay in a lump sum. Preliminary Report The Mercer Group. Ine. September 2~. 2006 Compeusation and C1assifieation Study City of La Porte. Texas P~12