city council meeting - groupbuilder · future city council agenda items february, 2008 02/26/2008...

February 12, 2008

City Council Regular Meeting 7:00 p.m.

FUTURE CITY COUNCIL AGENDA ITEMS February, 2008 02/26/2008 Special Council Workshop

o City Administrator’s Briefing – Update on City Projects o Ordinance Amending Itinerant Vendor’s Permit

Regular Council Meeting o City Hall/Library Project o Presentation of 2006-2007 Audit o Bayou Lakes PID Service Agreement o Approval of City Information Outlet Policy o Approval of Use of City Facilities Policy o Approve Contract with Shelmark Engineering o Interlocal with Galveston County for Election Services o Resolution Calling for Election o Acceptance of Land into ETJ (League City) o Second Reading of Ordinance Adopting Ambulance Regulations

March, 2008 03/11/2008 Special Council Workshop

o City Administrator’s Briefing – Update on City Projects o Revisions to Workers’ Compensation Policy

Regular Council Meeting

o City Hall/Library Project o Comprehensive Plan o First Reading of Ordinance Amending Itinerant Vendor’s Permit o Approve Amendment to Fire Protection Services Agreement with

Dickinson Volunteer Fire Department

03/25/2008 Special Council Workshop

o Anti-tethering Regulations Regular Council Meeting

o City Hall/Library Project o Approve Revisions to Workers’ Compensation Policy o Second Reading of Amending Itinerant Vendor’s Permit o First Reading of Ordinance Adopting Drainage Critera o Executive Session - Performance Review of City Secretary

Future Agenda Items Page 1 of 3

April, 2008 04/15/2008 Special Council Workshop

o City Administrator’s Briefing – Update on City Projects Regular Council Meeting

o Allocation of FY 06-07 Unexpended Fund Balance o FY 07-08 Mid-Year Budget Amendment o City Hall/Library Project

04/29/2008 Special Council Workshop

o Financial Presentation for the Quarter

Regular Council Meeting o City Hall/Library Project o First Reading of Ordinance to Revise Coin-operated Amusement

Machine Ordinance May, 2008 05/13/2008 Special Council Workshop

o City Administrator’s Briefing – Update on City Projects

Regular Council Meeting o Renew Annual Contract for Municipal Judge o City Hall/Library Project

05/27/2008 Special Council Workshop Regular Council Meeting

o City Hall/Library Project June, 2008 06/09/2008 Special Council Workshop

o City Administrator’s Briefing – Update on City Projects Regular Council Meeting

o City Hall/Library Project


06/23/2008 Special Council Workshop Regular Council Meeting

o City Hall/Library Project


STAFF REPORTS

Irma RiveraCourt Administrator

2716 FM 517 East; Dickinson, Texas 77539(281) 337-6264 (281) 337-6190 fax

[email protected]

To: Honorable Mayor and City Council

From: Irma Rivera, Court Administrator

CC: Julie Johnston

Date: February 6, 2008

Re: Monthly Staff Report

319 new cases were filed and 71 warrants were served during the month of December. Court calendar for February is as follows: February 4th, 6th, and 13th for arraignment hearings; Bench trial dates for juvenile cases are scheduled for February 18th and for adult trial cases February 27th. Dickinson Municipal Court welcomes Lucy Winterfeld as the newest member to the staff. Lucy joined us on January 22 and she has made an excellent addition to the staff. College of the Mainland student Ashley Hale has completed her work study program with the court. The entire staff wishes her the best as she continues her nursing studies. Christopher Curry is our new work study student who joined the court department on January 16. He is currently working on his general studies. Christopher, like our previous Pell Grant students, will make sure that the court file system is up-to-date. Effective January 2008, a $4.00 increase was enforced on all violations filed in the court except for parking and pedestrian offenses. House Bill 1267 created the new court cost of $2.00 for the indigent defense fund. Senate Bill 560 was increased by $2.00 for the Judicial Supplement Fund. The collection of fees is submitted to the State Comptrollers office on a quarterly basis. No portion of either fee goes to the city.

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http://www.ci.dickinson.tx.us/

mailto:[email protected]

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2716 FM 517 East, Dickinson, Texas 77539Phone: (281) 337-6235 Fax: (281) 337-6190

www.dickinson.tx.us email: [email protected]

Dated: February 06, 2008 TO: Honorable Mayor and City Council Members FM: Usha Mathew, CFO Subject: Finance Department Updates and Ongoing Projects Accounts Payable & HR Information: As of Feb 06, 2008 we have 73 full time employees and 50 part time employees, with a total of 123 employees. Open positions at the moment are Finance Administrative Service Coordinator, Finance Intern Position, Community Development Coordinator, Community Development Director and two FTE Patrol Officers. Finance department is in the process of interviewing candidates. Employees who resigned recently are:

Angie Hennington (Permits/Code Compliance Assistant) Tasha Garcia (FTE Dispatcher) Justin Lovel (PTE Dispatcher)

Newly hired includes: Kari West (PTE Guest Service Assistant, Tourism and Museum Department) Esther Montalvo (Law Enforcement Records Clerk) Pete Cortez (PTE Fire Fighter/Paramedic) Walter Candelari (PTE Patrol Officer) Roger Byars (PTE Patrol Officer) Lucie Winterfeld (FTE Court Clerk) Chad Nicholas (Transferred from PTE to FTE Paramedic) Jack Ferrell (Transferred from PTE Jailer to FTE Patrol Officer)

Posting of Utility Information on City Website: The new requirements mandated by HB 3693 (Government Code § 2264.001(b)) to publish consumption and payment information for various utility services used by the city is now complete and posted on the City’s website.

Other Financial & Reporting: All of the FY 2008 quarterly reporting has been completed including 941, TWC, and issuance of 1099’s and W-2’s. The appointments to the Sick Leave Bank Board have been made. We are in the process of testing electronic transmission of the City’s contribution to TMRS. Also, in the process of reviewing and analyzing real and personal property insurance coverage. FY 2006-2007 Audit: I have received and am currently reviewing the draft CAFR. The CAFR is anticipated to be presented to the Council at the next meeting.

MEMORANDUM Shared:FY07/Finance Staff Update/Feb 2008.doc

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MEMORANDUM Shared:FY07/Finance Staff Update/Feb 2008.doc

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Update on ongoing changes to TMRS: Ongoing changes with regard to TMRS include actuarial changes and TMRS investment changes. The actuarial changes will affect the liability side of the pension equation (how the City pays for employees), while changes in the TMRS investment policy could potentially affect the asset side of the equation – the investment returns that provide interest credits to member and city accounts. In short, • Year 2008 TMRS began to diversify into stocks • Year 2009 and beyond, TMRS will continue its diversification of the investments if legislation

passes. • Change in TMRs investment policy is important -

o as potential returns from bond-based, income return strategy don’t match current markets or outlook for future

o Without higher investment earnings, interest credits and annuity discount rate are likely to fall below 5% in few years

o Annuities for future retirees will be reduced • Cities may likely see higher contribution rates based on actuarial changes. Cities with a contribution

increase greater than 0.5% will have a 8-year phase-in • TMRS is in the process of sending letters on city’s TMRS contribution rate and some of the changes

that will take place in 2008 & 2009. Our City plan includes: o City has been in TMRS since July 1981 o 10.41% employer’s contribution rate as compared to 11.15% in the prior year. o 7% employee’s deposit rate o City’s matching ration is 200% since January, 2000 o Vesting requirement is 10 years of service. o Retirement eligibility is 10 years of service/Age 60 or 20 years of service at any age. o Other provisions are – SDB (Supplemental death benefits); 100% Updated Service Credit

(with transfers) – Auto-readopt; Military Service Credit and, Restricted Service Credit. • These changes are expected to have a greater impact on older cities as compared to newer cities. City

of Dickinson is considered to be a fairly new city with only 30 years in existence and few retirees and became a TMRS member in 1981.

• Additional useful information is available on www.TMRS.com. Reminder: Mrs. Lois Nisbet’s retirement party is on Friday February 15, 2008 at 10:00am. Please join City Staff in wishing Lois the very best in the years to come.

http://www.tmrs.com/

Library

Memo To: Mayor and Council

From: Vicki McCallister

CC: Julie Johnston


Re: Staff Report

In January 2008, 3969 citizens visited the Library, with 1530 using the library computers and 5193 items checked out.

The Library partnered with the Tourism and Museum Department to establish and present the first of a series entitled “Saturday Matinee at the Movies” at the Depot.

Inter Library loans have continued to increase by 100% each month, indicating that Staff is succeeding in educating patrons to request books that are not in the current collection.

Arrangements were made with the City Administrator to adapt to the lack of a meeting room for the “Texas Reads” summer reading program for children and adults. Storytime events will still be held in the library; however, Special Programs will be held in the Council Chambers and “Friday Afternoon at the Movies” will be at the Depot.

Staff is making every effort to assure the summer reading experience will not be diminished for the children of Dickinson while the library is in temporarily reduced space.

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GALVESTON CO. LIBRARY MONTHLY STATISTICS REPORT

Library ___Mares Memorial Library__________ Month __Jan___________ Year __2008_______

SERVICESBooks Loaned 2610

Audio Books Loaned 28

Music CDs/Cassettes Loaned 113

Videos/DVDs Loaned 2442

Other Materials Loaned 1

Total Circulation Transactions 5193

Juvenile Transactions (a part of total circulation transactions) 2287

Materials Used in House 911

New Patrons Registered 144

Reference Transactions/Information Questions 917541

Adult Programs offered by the Library - # Programs & # Attendees 12

Children's Programs offered by the Library - # Programs & # Attendees 00

Number of Visits (Door Count) 3969

Volunteer Hours 23

INTERNET AND ELECTRONIC SERVICESInternet Users 1530

Internet Hours 965

RESOURCE SHARING

ILL borrowed from other libraries outside of Galveston Co. 45

ISL borrowed from other public libraries in Galveston Co. 0

Total ILL & ISL borrowed from other libraries 45

Total ILL & ISL requests loaned to libraries for our users: 0

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Dickinson Police Department

Memo To: Mayor & City Council Members

From: Chief Ron Morales

CC: N/A


Re: Monthly Report for January 2008

Administrative Services • The PD recently hired Esther Montalvo and Cindy Ginn as full-time Records

Clerks. Ms. Montalvo comes to us with a total of 25 years experience in police records and communications from Alvin PD and League City PD, respectively. Ms. Ginn comes to us from Dickinson ISD (High School) with 12 years experience as a secretary to the Assistant Principal of Student Services.

• The PD recently hired Jessie Plasek as a full-time Communications Operator (Dispatcher). Ms. Plasek comes to us with 3 years experience as a dispatcher at Texas City Police Department.

Patrol Division

• The PD hired Jack Ferrell and Leslie Long as the new full-time Police Officers. Mr. Ferrell was employed by our agency for 1 year as a part-time jailer. This will be his first full-time peace officer appointment. Mr. Long previously worked in the insurance industry for 25 years before deciding on a career change to law enforcement.

• A meeting was held with the Citizens on Patrol (COPS) program members to discuss the merging of part-time Community Police Officers Walter Candelari and Roger Byars to their program. This was done to provide a better liaison between the Police Department and the COPS program for enhanced effectiveness of community policing.

• Patrol assisted C.I.D with a special detail for both weekends of the Galveston Mardi Gras 2008 festivities. Emphasis was placed on targeting the increased traffic flow in and around the Gulf Freeway areas in the City limits. Both weekends netted numerous persons being arrested for a variety of misdemeanor and felony offenses. Some of these included drug possession case and warrant arrests.

Crime Prevention • On 01/08, The community policing division met with DISD and Mainland Medical

Center in reference to our Health & Safety Fair on March 8th. Our unit will be in charge of the safety section of the fair. We have contacted numerous emergency services to attend to include: Galveston County Sheriff Department’s Marine Division, Helicopters, S.W.A.T, etc.

• On 01/11, the officers in the community policing division met. We went over the

Safety Fair, CPA & C.O.P.S programs and how we are going to improve the programs.

• On 01/28, the community policing division met with President of DCPAA to start

working on the PD’s informational brochure. The ideas and format will be advised at staffing on 02/06.

VOCA Grant Activities

• Assisted 51 families (total of 57 victims in January) • Contacted 18 victims by mail 28 by phone 2 home visits 3 office visits

Attended: • MICSA (Multi-Agency Council against Sexual Assault • Ribbon Cutting - Open House Bay Area Turning Point • (One of our Co-Operative Working Partners)

Networking with: • Women's Crisis Center in Galveston • Maribel Cooper Crime Victim Liaison (CVL) of Alvin PD • Mary Mazoch CVL of Brazoria County

Information Technology

• The City of Dickinson WEB page had 24,220 page views during the month of January. The top ten most visited pages were: 1 – Main Page 2 – Police 3 – City Employment 4 – Unsolved Crime 5 – Most Wanted 6 – Rumors* 7 – On-line Ticket Payment 8 – Sex Offenders 9 – Fire Department 10 – Police employment * The rumors page is new to the WEB page and was only on-line for part of the month of January.

MEMORANDUM Page 1 Dickinson Public Safety monthly report-march 2007.doc

TO: Honorable Mayor and City Council Members City Attorney FROM: Norman Hicks Dickinson Public Safety DATE: February 12, 2008 SUBJECT: Monthly Report – January 2008 ___________________________________________________________________________ Response:

Dickinson Public Safety EMS had 122 encounters and 90 patient transports. The average response time for the January 2008 was six minutes. Revenue:

EMS collection made by our contracted billing company, Intermedix, totaled $22924.80 for the month of January 2008. Medic One:

Dickinson Public Safety is working closely with the Medical Director and other members of the Medic One Medical System to update our medical protocols. The new protocols are expected to be completed within the next few weeks. Dickinson Public Safety Personnel:

Dickinson Public Safety has hired one new full-time Firefighter Paramedic, Chad Nicolas, and is currently interviewing several others in order to meet the growing demand for service.

During the month of January, Dickinson Public Safety conducted a pilot program of operating Medic 2 part-time. The implementation of this second ambulance on the west side of the city was very well received and Dickinson Public Safety has received very positive feed back from several citizens. The data from this program will be compiled and presented to council in the coming weeks.

2716 FM 517 East Dickinson, TX 77539(281) 337-6261 (281) 337-6190 fax

www.ci.dickinson.tx.us Email: nhicks@ ci.dickinason.tx.us

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TO: Mayor and City Council FROM: Kellis George, Director of Public Works DATE: February 4, 2008 SUBJECT: Monthly Project Report –January 2008 _____________________________________________________________________ Storm Water Management Plan – Staff has been working on the final draft of the Storm Water Management Plan (SWMP) and will submit the final version along with the Notice of Intent to the Texas Commission on Environmental Quality on February 7, 2008. The deadline for submission of the SWMP is February 11, 2008.

Interlocal Agreement for Usage of Asphalt Paver – The Interlocal Agreement with the City of League City for the usage of the asphalt paver is currently scheduled for approval by the City Council of League City on February 12, 2008. Cove Lane – The reconstruction of Cove Lane has been delayed due to the excessive rain within the last two weeks. We are currently waiting for it to dry out and then will continue with adding the crushed concrete base followed by the application of the asphalt.

Tier Two Chemical Invetory – State law requires all public employers in Texas to submit to the Texas Department of State Health Services by March 1 of each year a Tier Two Chemical Inventory report for all hazardous chemicals present at their facilities during the previous calendar year in excess of 10,000 pounds or 500 pounds in the case of extremely hazardous substances. Staff is working on compiling the inventory for submission by March 1.

Oleander Bridge – The Public Works Director and City Administrator have been communicating with Texas Department of Transportation staff in an effort to get this project moving forward.

Tropical Gardens Bridge - Staff is currently seeking contractors to provide estimates on the reconstruction of the bridge on Island Drive in Tropical Gardens.

Light Equipment Operator Job Opening – The Department has posted this position on the City’s Website and The Daily News.

The following construction and drainage projects were completed during the month of January 2008:

W. Sunset Drive – Concrete paving of West Sunset has been completed as scheduled. Hydro-mulching will be scheduled after the shoulders are completed and a decision concerning the construction of pedestrian walkways has been made. Once these two projects are completed, reconstruction of West Sunset will be final.

30th Street – The Department is waiting for approval of the Interlocal Agreement with the City of League City for the usage of an asphalt paver. Once approval has been granted, this project will be completed. Tanglebriar Lane – Staff has met with Texas New Mexico Power concerning a utility pole that is leaning in the drainage ditch on Tanglebriar Lane. This project will resume once the pole has been taken care of by TNMP. 42nd Street – The section of 42nd Street from Galveston Ave to Texas Ave has been completed.

Department Tourism & Museum City of Dickinson 218 FM517 West Dickinson TX 77539 (281) 534-4367

TO: Honorable Mayor

City Council Members City Administrator

FROM: Dee Cover

Director, Tourism & Museum DATE: February 5, 2008 SUBJECT: Subject: Monthly Staff Report – January 2008 GENERAL

Part Time Guest Services Assistant has been hired and started working the second week of January (Kari West). Signage is being created to post in front of the facility on weekends “Now Open Weekends” w/ the hours posted. We are honored to have author Roger Wood as a guest speaker scheduled for 2/21 Texas Blues and Its Impact on Local Culture. This engagement should be entertaining, informative, and pays honor to Dickinson’s own Henry Hayes. TOURISM (LINGER LONGER IN DICKINSON) Several events are being planned for the coming months:

• Saturday Morning Movie @ The Depot – last Saturday of each month 10:30 am January – May, September – November (summer months tentative) Children’s movie with popcorn and lemonade

• Seniors Program– in development to commence in March. Two mid-day Mondays per month. Coordinating with the Dickinson Senior Center, but will be open to the community. First series is Planet Earth, a series of 50 minute BBC documentaries. Coordinated with the Dickinson Public Library.

• Texas Blues and Its Impact on Local Culture – 2/21 The first of several speaker events planned, author and music enthusiast Roger Wood brings the sounds and stories of down home blues to life.

• Dickinson Farmers Market – in development. Collaboration with Keep Dickinson Beautiful, the Galveston Co. Extension Office (now Texas AgriLife Extension Service),

and members of the Garden Club. Farmers Market to be held the third Saturday of each month @ The Depot from May through October.

• Bay Area Rally Tour Stop – Inaugural year for a motorcycle rally based at the Johnson Space Center. Tour Stop will be part of a map of venues in the bay area. April 10-13.

• Italian Heritage Week - initial planning stages. Tentative Dates 5/12 – 5/17. Events tbd.

MORE TO COME

HISTORIC RAILROAD CENTER

Facilities / Grounds No new news

New Visitors (signed register) In State 9 Out of State 0 Community Room Community Service no-fee use: 4 North Galveston Chamber of Commerce Garden Club Dickinson Historical Society Fee Based Use 0

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REGULAR COUNCIL MEETING

Julie Masters, Mayor

Mark Townsend Kerry Neves Mary Dunbaugh, Mayor Pro Tem

AGENDACity of Dickinson CITY COUNCIL

MEETING

Charles Suderman Louis Decker

William H. King III Julie M. Johnston, City

Administrator

FEBRUARY 12, 2008

NOTICE is hereby given of a REGULAR MEETING of the City Council for the City of Dickinson, County of Galveston, State of Texas, to be held on TUESDAY, FEBRUARY 12, 2008, at 7:00 p.m. at: 1621 FM 517 East, Dickinson, Texas 77539 for the purpose of considering the following numbered items. The City Council of the City of Dickinson, Texas, reserves the right to meet in a closed session on any of the below items should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM: Invocation and Pledge of Allegiance. ITEM 2.) PROCLAMATIONS AND COUNCIL COMMENTS: ITEM 3.) PUBLIC COMMENTS: At this time, any person with city-related business

may speak to the Council. In compliance with the Texas Open Meetings Act, The City Council may not deliberate. Comments from the public should be limited to a maximum of three (3) minutes per individual speaker.

ITEM 4.) CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: The following items are considered routine by the City Council and will be

enacted by one motion. There will not be a separate discussion on these items unless a Council member requests, in which event, the item will be removed from the consent agenda and discussed after the consent agenda.

A. Approval of Minutes of Special Workshop Meeting of January 22, 2008. B. Approval of Minutes of Regular Meeting of January 22, 2008. C. Approval of Resolution Number XXX-2008 – A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE AERIAL SPRAYING FOR THE ABATEMENT OF MOSQUITOES OVER THE CITY OF DICKINSON BY THE GALVESTON COUNTY MOSQUITO CONTROL DISTRICT AND PROVISIONS RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.

D. Approval of Resolution Number XXX-2008 – A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING SUBMISSION OF GRANT APPLICATION FOR THE CRIME VICTIM ASSISTANCE PROGRAM TO THE OFFICE OF THE GOVERNOR OF

____________________________________________________________________________________ February 12, 2008 Regular Council Meeting Page 1 of 3

THE STATE OF TEXAS; AGREEING TO PROVIDE MATCHING FUNDS FOR THE PROJECT; AND PROVIDING FOR INCORPORATION OF PREAMBLE AND AN EFFECTIVE DATE.

OLD BUSINESS

ITEM 5.) BRIEFING/DISCUSSION CONCERNING: City Hall/Library Project. ITEM 6.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Approval of

Prevailing Wage Rate for Contractors on the City Hall/Library Complex Project.

ITEM 7.) BRIEFING/DISCUSSION CONCERNING: Retention of Galveston County

for Election Services.

NEW BUSINESS

ITEM 8.) BRIEFING/DISCUSSION CONCERNING: Oleander Bridge Project. ITEM 9.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Submission

of Comments Related to FM 646 Widening Project. ITEM 10.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance

Number XXX-2008 – AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, REPEALING ORDINANCE NUMBER 569-2006, CODIFIED AS CHAPTER 6.5, EMERGENCY MEDICAL SERVICE, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS; ADOPTING A NEW CHAPTER 6.5 OF THE CODE OF ORDINANCES TO BE ENTITLED “AMBULANCE SERVICE” AND ESTABLISHING REGULATIONS FOR THE OPERATION OF AMBULANCE SERVICE WITHIN THE CITY; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A CUMULATIVE REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 AND THAT EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES SHALL BE DEEMED A SEPARATE OFFENSE; PROVIDING FOR THE AUTHORIZATION TO SEEK INJUNCTIVE RELIEF TO ENJOIN VIOLATIONS WHICH CONSTITUTE AN IMMINENT HAZARD OR DANGER TO THE PUBLIC HEALTH AND SAFETY; AND AN PROVIDING AN EFFECTIVE DATE (First of three readings).

ITEM 11.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Resolution

Number XXX-2008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AMENDING RESOLUTION NO. 764-2004 AND THE MASTER FEE SCHEDULE OF THE CITY INCLUDE AMBULANCE PERMIT FEES; PROVIDING FOR THE INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE.


ITEM12.) BRIEFING/DISCUSSION CONCERNING: Presentation of Annual Traffic Contact Report as it relates to Senate Bill 1074 (Racial Profiling) for the calendar year 2007 required by Article 2.134 of the Texas Code of Criminal Procedure (TCCP).

ITEM 13.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Policy on

Public Access to City Information Outlets. ITEM 14.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Policy for

use of Municipal Meeting Rooms. ITEM 15.) BRIEFING/DISCUSSION CONCERNING: Future Plan Review for DISD

Projects. ITEM 16.) EXECUTIVE SESSION: The City council will now hold a closed executive

meeting pursuant to the provision of Chapter 551, Government Code, Vernon’s Texas Codes annotated, in accordance with the authority contained in:

A. Section 551.074 – Personnel Matters – Evaluation of City

Administrator. B. Section 551.071 – Consultation with Attorney regarding potential or

contemplated litigation. ITEM 17.) RECONVENE ITEM 18.) ADJOURN

CERTIFICATION This is to certify that a copy of the Notice of the Regular City Council meeting for Tuesday, February 12, 2008 was posted on the bulletin board at City Hall, 1621 FM 517 East, Dickinson, Texas, on this 7th day of February, 2008, prior to 6:00 p.m. __________________________________ Carol L. McLemore, City Secretary In compliance with the Americans with Disabilities Act, the City of Dickinson will provide reasonable accommodations for disabled persons attending City Council Meetings. Requests should be received at least 24 hours prior to the scheduled meeting, by contacting the City Secretary’s office at 281-337-6217, or by FAX at 281-337-6190.


CITY OF DICKINSON, TEXAS CITY COUNCIL MEETING

ATTENDANCE LIST MEETING DATE: February 12, 2008 Regular Meeting MAYOR/COUNCIL PRESENT ABSENT MAYOR JULIE MASTERS _______ _______

POS. 1: COUNCILMAN CHARLES SUDERMAN _______ _______

POS. 2: COUNCILWOMAN MARY DUNBAUGH _______ _______

POS. 3: COUNCILMAN MARK TOWNSEND _______ _______

POS. 4: COUNCILMAN KERRY NEVES _______ _______

POS. 5: COUNCILMAN LOUIS DECKER _______ _______

POS. 6: COUNCILMAN WILLIAM KING _______ _______

MAKE NOTE ON RECORDING: THE FOLLOWING ALSO ARE IN ATTENDANCE:

ATTORNEY, Loren B. Smith _______ _______

CITY ADMINISTRATOR, Julie M. Johnston _______ _______

CITY SECRETARY, Carol L. McLemore _______ _______

___________________________________ _______ _______

___________________________________ _______ _______

___________________________________ _______ _______

___________________________________ _______ _______

City Council Meeting

CALL TO ORDER

Invocation

Given by:______________________

Pledge of Allegiance

Given by:________________________

Roll Call

PROCLAMATIONS AND ANNOUNCEMENTS NOTES:_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

PUBLIC COMMENTS NOTES:_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________



MINUTES City of Dickinson

CITY COUNCIL SPECIAL WORKSHOP MEETING



Administrator

JANUARY 22, 2008

The Dickinson City Council met in a duly called and announced SPECIAL WORKSHOP MEETING on TUESDAY, JANUARY 22, 2008. The meeting was held in the City Council Chambers located at 1621 FM 517 East, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM

Mayor Masters called the meeting to order at 6:00 p.m. City Secretary Carol McLemore called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro Tem Mary Dunbaugh and Council Members Charles Suderman, Mark Townsend, Kerry Neves, William King, and Louis Decker. Also present were City Administrator Julie Johnston, Police Chief Ron Morales, Director of Fire Services Norman Hicks, Director of Finance Usha Mathew, Administrative Services Coordinators Lois Nisbet and Kathryn Taylor, Library Director Vicki McCallister and Director of Public Works Kellis George.

ITEM 2.) BRIEFING/DISCUSSION: Financial Presentation for 1st Quarter of FY 2007-2008.

Finance Director, Usha Mathew, gave a power point presentation on the first

quarter financials for FY 2007-2008. City Council discussed the financials but took no action.

ITEM 3.) BRIEFING/DISCUSSION: Storm Water Management Plan. Director of Public Works, Kellis George gave a power point presentation

regarding the City’s proposed Storm Water Management Plan that is federally mandated to be submitted to TCEQ by February 11, 2008. He explained the history and purpose and outlined the plan. Following some discussion, City Council took no action in this matter.

ITEM 4.) ADJOURN: Councilman Townsend made a motion to adjourn the meeting at 6:50 p.m.

Mayor Pro Tem Dunbaugh seconded the motion.

January 22, 2008 Council Special Workshop Meeting Minutes Page 1 of 2

VOTE: 6 AYES (Suderman, Dunbaugh, Townsend, Neves, Decker and King) 0 NAYS MOTION PASSED. Passed, approved and adopted this 12th day of February, 2008. __________________________________ Julie Masters, Mayor ATTEST: __________________________________ Carol L. McLemore, City Secretary

January 22, 2008 Council Special Workshop Meeting Minutes Page 2 of 2



MINUTESCity of Dickinson CITY COUNCIL

MEETING



Administrator

JANUARY 22, 2008 The Dickinson City Council met in a duly called and announced REGULAR MEETING on TUESDAY, JANUARY 22, 2008. The meeting was held in the City Council Chambers located at 1621 FM 517 East, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM Invocation and Pledge of Allegiance

Mayor Julie Masters called the meeting to order at 7:00 p.m. Ben Baty gave the Invocation and Brenda Boyce led the Pledge of Allegiance. City Secretary Carol McLemore called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro Tem Mary Dunbaugh and Council Members Charles Suderman, Mark Townsend, Kerry Neves, Louis Decker, and William King. Also present were City Attorney Loren Smith, City Administrator Julie Johnston, Police Chief Ron Morales, Director of Fire Services Norman Hicks, Finance Director Usha Mathew, Community Development Coordinator Angela Forbes, Administrative Services Coordinators Lois Nisbet and Kathryn Taylor, and Director of Tourism and Museum Dee Cover.

ITEM 2.) PROCLAMATIONS AND COUNCIL COMMENTS:

City Council commented on the following topics:

• Welcome to everyone present and thanks for coming. • Proclamation presented to Dr. Mike Magliolo at the D’Feet Breast

Cancer event honoring him for his work done for breast cancer. • Congratulations to Mark and Dodie Townsend on the recent birth of

their first grandson. • Keep Dickinson Beautiful’s E-waste event to be held Friday and

Saturday, January 25 and 26 and Paper Shredding to be held Friday only.

• Festival of Lights officially over and everything put away with almost 44,000 attending this year.

• Recent meeting on widening of FM 646 held at Bay Colony Elementary School.

• Upcoming North Galveston County Chamber of Commerce Banquet celebrating their 60th year.

• Citizens on Patrol have agreed to identify dumpster problems in the community.

January 22, 2008 Regular Council Minutes Page 1 of 8

• Reminder of the brochure published by Dickinson Beautiful and Waste Management available on trash pick-up and recycling services.

• Recent Galveston County Mayor and Councilmembers’ Meeting held in Kemah.

• Martin Luther King, Jr. Day festivities and observation of holiday. • Recent Dickinson Bayou Watershed Meeting, work done by

Galveston County Drainage District #1 on de-snagging in their area and estimates for the rest of the de-snagging.

• Jeanette Gregory’s request for the City to help get the Oleander Street Bridge project back on TxDOT’s schedule.

• Appreciation to City Staff for the work they do. • Bay Area Houston Economic Partnership Banquet held last Saturday

night and their commitment to education. • Jesse Tree and Houston Food Bank’s produce giveaway at M. I.

Lewis Social Center on January 26, 2008. • D’Feet Breast Cancer Van at Greater New Hope Baptist Church on

January 31, from 9:00 a.m. to 3:00 p.m. to provide mammograms. ITEM 3.) PUBLIC COMMENTS:

Jeanette Gregory, 1722 Oleander, reported on her conversation with Bob Eng of the Texas Department of Transportation on getting the Oleander Street Bridge project back on the schedule. She asked that the City show interest in this project and assist in getting it put back on the schedule. Karen Post, 4527 29th Street, reported potholes in the Nicholstone Subdivision that need repair and the need for more street lights.

ITEM 4.) CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION:

A. Approval of Minutes of Special Council Workshop Meeting of January 8, 2008.

B. Approval of Minutes of Regular Council Meeting of January 8, 2008. C. Approval of Resolution Number 960-2008 – A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING AN AGREEMENT FOR LEASE OF A FULLY EQUIPPED AND MARKED POLICE MOTORCYCLE BY AND BETWEEN THE CITY OF DICKINSON, TEXAS (LESSEE OR “CITY”), AND OREN D. DONALDSON (LESSOR); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING FOR INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE.

January 22, 2008 Regular Council Meeting Minutes Page 2 of 8

D. Approval of Resolution Number 961-2008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING AN AGREEMENT FOR LEASE OF A FULLY EQUIPPED AND MARKED POLICE MOTORCYCLE BY AND BETWEEN THE CITY OF DICKINSON, TEXAS (LESSEE OR “CITY”), AND WAYNE STEWART (LESSOR); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING FOR INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE.

E. Approval of Resolution Number 962-2008 – A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE GENERAL STAFFING AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS, AND ACTION PERSONNEL, INC.; AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE THE AGREEMENT; PROVIDING FOR INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE.

F. Approval of Resolution Number 963-2008 – A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DICKINSON AND GALVESTON COUNTY, TEXAS, AUTHORIZING THE MUTUAL ASSISTANCE OF EACH ENTITY’S RESPECTIVE PEACE OFFICERS AS SET FORTH IN SAID AGREEMENT, ALLOWING FOR REIMBURSEMENT FOR COSTS ASSOCIATED WITH SAID ASSISTANCE ; PROVIDING FOR THE INCORPORATION OF PREAMBLE; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE.

Councilman Townsend asked that Item F be pulled from the consent agenda

and discussed. Councilman Neves made a motion to approve Items A through E on the consent agenda. Councilman Decker seconded the motion.

VOTE:

6 AYES (Suderman, Dunbaugh, Townsend, Neves, Decker and King) 0 NAYS

MOTION PASSED.

Councilman Townsend asked several questions about the agreement with Galveston County. Police Chief Ron Morales responded to the questions. Following some discussion, Councilman Suderman made a motion to approve Resolution Number 963-2008. Mayor Pro Tem Dunbaugh seconded the motion.


VOTE:

6 AYES (Suderman, Dunbaugh, Townsend, Neves, Decker and King) 0 NAYS

MOTION PASSED.

OLD BUSINESS

ITEM 5.) BRIEFING/DISCUSSION: City Hall/Library Project City Administrator, Julie Johnston, informed the City Council that staff was

still working on the prevailing wage rate information and that it should be ready for the next Council Meeting. She reviewed the adjusted project budget and informed City Council that the possibility of the City buying the materials to save on sales tax was also being investigated. After some discussion, Council took no action in this matter.

ITEM 6.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Request by

Susie Jones, 3113 Colony Drive, to appear before City council to discuss fireworks for Project Graduation.

Ms. Jones was not present. Councilman Townsend explained that the

Project Graduation Committee has been offered a fireworks demonstration to be used at the graduation in May and he asked Council’s permission to have the fireworks display. Fire Marshal Norman Hicks told Council that the company that is doing the fireworks demonstration needs to apply for a permit from his office and that permission from City Council is not necessary.

NEW BUSINESS

ITEM 7.) PUBLIC HEARING: Regarding a Request by Chuck Bosone to Rezone

Lots 1 through 4 of Block J of the Mason J. Schmidt Subdivision, Vol. 245-A, Page 76, G.C.M.R. (More Commonly Known as 401 Deats Road) from Conventional Residential (CR) to General Industrial (GI) with a Specific Use Permit to Allow the Additional Use of a Vehicle Storage Facility.

Mayor Masters convened the Public Hearing at 7:32 p.m. A. Applicant’s Statement Jan Bosone appeared before City Council to present the request to

rezone the property at 401 Deats Road from Conventional Residential to General Industrial and to use the property as a vehicle storage facility.

B. Those in Favor No one spoke in favor of the zoning change.


C. Those Opposed The following persons spoke in opposition to the zoning change, citing

problems such as noise, 24/7 activity, rodent problems, drainage, pollutants in the bayou, lighting, and adverse effect on surrounding property values:

• Juanita King, 3014 Inwood Drive • Henry King, 3014 Inwood Drive • Ben Baty, 2912 Frostwood Circle • Tommy Gillis, 308 Inwood Drive • Linda Finkle, 3020 Inwood Drive • Earl P. Simbierger, 3019 Inwood Drive • Len Cleary, 3025 Sherwood Oaks

D. Applicant’s Rebuttal Chuck Bosone explained the operations of his vehicle storage yard and

addressed the problems that were discussed by the citizens opposed to the zoning change.

E. Adjournment Mayor Masters closed the Public Hearing at 8:07 p.m. ITEM 8.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Ordinance

Number XXX-2008 – AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING CHAPTER 18, ZONING OF THE CODE OF ORDINANCES, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AS HERETOFORE AMENDED, TO REZONE LOTS 1 THROUGH 4 OF BLOCK J OF THE MASON J. SCHMIDT SUBDIVISION, VOL. 245-A, Page 76, G.C.M.R. (MORE COMMONLY KNOWN AS 401 DEATS ROAD) FROM CONVENTIONAL RESIDENTIAL (CR) TO GENERAL INDUSTRIAL (GI), WITH A SPECIFIC USE PERMIT TO ALLOW THE ADDITIONAL USE OF A VEHICLE STORAGE FACILITY; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A CUMULATIVE REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 AND THAT EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES SHALL BE DEEMED A SEPARATE OFFENSE; PROVIDING FOR THE AUTHORIZATION TO SEEK INJUNCTIVE RELIEF TO ENJOIN VIOLATIONS WHICH CONSTITUTE AN IMMINENT HAZARD OR DANGER TO THE PUBLIC HEALTH AND SAFETY; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE.

Mayor Masters read the ordinance by caption only. Councilman Decker

made a motion to deny the ordinance. Councilman Suderman seconded


the motion. The City Attorney asked that the motion be withdrawn and made in the positive and then the Council Members could cast their votes against the motion if they wished to. Councilman Decker withdrew his motion and the second agreed. Councilman Decker made a motion to approve the ordinance on first reading. Councilman Suderman seconded the motion. Discussion followed. R. G. “Bubba” Reeder, Chairman of the Planning and Zoning Commission, appeared before Council to discuss the Commission’s recommendation to deny the zoning change.

VOTE: 0 AYES 6 NAYS (Suderman, Dunbaugh, Townsend, Neves, Decker and King) MOTION FAILED ITEM 9.) PUBLIC HEARING: Regarding a Request for Variance to Street

Construction Requirements Established by Section 8, Standards and Specifications, of Appendix A, Subdivisions of the Code of Ordinances for Estates on the Bayou located northwest of the north end of Starboard Lane To Allow the Applicant to Construct a 22’ Wide Gravel Road Base of 8” Compacted Limestone or Crushed Concrete with 20’ Chip and seal Cap with Open Ditch (Applicant: Duane Vickery)

Mayor Masters opened the public hearing at 8:17 p.m. A. Applicant’s Statement Duane Vickery, developer of Estates on the Bayou, appeared before City

Council to present his request for variance to the street requirements and outlined his reasons for the request.

B. Those in Favor No one spoke in favor of the variance. C. Those Opposed No one spoke in opposition to the variance. D. Applicant’s Rebuttal There was no rebuttal. E. Adjournment Mayor Masters closed the Public Hearing at 8:25 p.m. ITEM 10.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Request for

Variance to Street Construction Requirements Established by Section 8, Standards and Specifications of Appendix A, Subdivisions of the Code of Ordinances for Estates on the Bayou located northwest of the north end of Starboard Lane to Allow the Applicant to construct a 22’ Wide Gravel Road


Base of 8” Compacted Limestone or Crushed Concrete with 20’ Wide Chip and Seal Cap with Open Ditch (Applicant Duane Vickery).

Councilman Suderman made a motion to approve the variance.

Councilman King seconded the motion. R. G. “Bubba” Reeder, Chairman of the Planning and Zoning Commission, appeared before City Council to discuss the Commission’s recommendation to deny the request. Discussion followed:

VOTE: 0 AYES 6 NAYS (Suderman, Dunbaugh, Townsend, Neves, Decker and King) MOTION FAILED. ITEM 11.) DISCUSSION AND DIRECTION: Regarding entering into Interlocal

Agreement with Galveston County to conduct City Election in May. City Council reviewed a request from the City Secretary to contract with

Galveston County to conduct the May Election. Douglas Goodninch, Galveston County Elections Coordinator, appeared before City Council to discuss the options available, explaining that they could do as much or as little as the City required. After some discussion, City Council asked the City Secretary to continue discussions with the County and to bring this item back at the February 12 meeting along with prices for each phase of the election.

ITEM 12.) CONSIDERATION AND POSSIBLE ACTION REGARDING: Approval of

Revised Historic Railroad Center Reservation and Rental Policies, Associated Forms, and Rental Fee Schedule.

Dee Cover, Director of Tourism and Museum, appeared before City Council

to explain the proposed changes. Councilman King made a motion to approve the revised policies, forms and fee schedule. Mayor Pro Tem Dunbaugh seconded the motion. Discussion on several of the changes followed.

VOTE: 5 AYES (Suderman, Dunbaugh, Neves, Decker and King) 1 NAY (Townsend) MOTION PASSED. ITEM 13.) ADJOURN Councilman Townsend made a motion to adjourn the meeting at 9:07 p.m.

Councilman King seconded the motion.


VOTE: 6 AYES (Suderman, Dunbaugh, Townsend, Neves, Decker and King) 0 NAYS MOTION PASSED. Approved and adopted this the 12TH day of February, 2008. ____________________________ Julie Masters, Mayor ATTEST: ______________________________ Carol L. McLemore, City Secretary


Dickinson City CouncilAgenda Item Data Sheet

ACTIONS TAKEN APPROVAL YES NO

READINGS PASSED 1st 2nd 3rd

OTHER

PAGE 1 OF 1

MEETING DATE February 12, 2008

TOPIC Resolution Number XXX-2008

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE AERIAL SPRAYING FOR THE ABATEMENT OF MOSQUITOES OVER THE CITY OF DICKINSON BY THE GALVESTON COUNTY MOSQUITO CONTROL DISTRICT AND PROVISIONS RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.

BACKGROUND This is an annual resolution that gives permission to Galveston

County Mosquito Control District for the aerial spraying of mosquitoes over and within the City of Dickinson.

RECOMMENDATION Staff recommends approval.

ATTACHMENTS Resolution Number XXX-2008

Letter from Galveston County Mosquito Control District FUNDING ISSUES X No impact to budget

Full Amount already budgeted. Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER Carol L. McLemore, City Secretary

CITY ADMINISTRATOR APPROVAL Julie M. Johnston

RESOLUTION NUMBER XXX-2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE AERIAL SPRAYING FOR THE ABATEMENT OF MOSQUITOES OVER AND WITHIN THE CITY OF DICKINSON BY THE GALVESTON COUNTY MOSQUITO CONTROL DISTRICT AND PROVISIONS RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Galveston County Mosquito Control District is responsible for the operation of the county-wide Mosquito Control Program; and

WHEREAS, the Federal Aviation Administration has indicated that governmental approval is necessary in order for Galveston County Mosquito Control District to provide the needed aerial spraying services over and within any local governments; and

WHEREAS, the City Council is of the opinion that aerial spraying for the

abatement of mosquitoes over and within the City of Dickinson by the Galveston County Mosquito Control District is in the best interest of the citizens and should be approved provided that such spraying is conducted within the regulations and constraints of the Federal Aviation Administration, the Environmental Protection Agency, and other authoritative federal and state agencies.

NOW, THEREFORE BE IT RESOLVED BY THE CITY C0UNCIL OF THE CITY OF DICKINSON, TEXAS:

SECTION 1. The City Council hereby approves the aerial spraying for the abatement of mosquitoes over and within the City of Dickinson provided such spraying is conducted within the regulations and constraints of the Federal Aviation Administration, the Environmental Protection Agency and other authoritative federal and state agencies.

SECTION 2. This Resolution shall become effective immediately upon its passage.

DULY PASSED AND APPROVED this the ____ day of _________, 2008 ________________________________ Julie Masters Mayor ATTEST: APPROVED AS TO FORM AND CONTENT: ____________________________ _____________________________ Carol L. McLemore Loren B. Smith City Secretary City Attorney

______________________________________________________________________ CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2008 Page Solo




OTHER

PAGE 1 OF 1

MEETING DATE 02/12/2008

TOPIC RESOLUTION NUMBER: XXX-2008. A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING SUBMISSION OF GRANT APPLICATION FOR THE CRIME VICTIM ASSISTANCE PROGRAM TO THE OFFICE OF THE GOVERNOR OF THE STATE OF TEXAS; AGREEING TO PROVIDE MATCHING FUNDS FOR THE PROJECT; AND PROVIDING FOR INCORPORATION OF PREAMBLE AND AN EFFECTIVE DATE.

BACKGROUND The Office of the Governor of the State of Texas requires that the

governing body of each local government issue a resolution approving the submission of grant applications for the Crime Victim Assistance Program. The Police Department recently applied for the Victims of Crime Act (VOCA) grant to fund the existing Crime Victim’s Assistance program. The total grant amount is $68,967. The total cash match is $12,155. This will be the second year of funding, if approved. It is proposed to budget the cash match in the FY 2009 operating budget.

RECOMMENDATION The staff recommends approval. ATTACHMENTS Resolution Number XXX-2008 FUNDING ISSUES None


SUBMITTING STAFF MEMBER Chief Ron Morales

CITY ADMINISTRATOR APPROVAL

City of Dickinson Texas – Resolution Number XXX-2008 Page Solo

RESOLUTION NUMBER XXX-2008

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING SUBMISSION OF GRANT APPLICATION FOR THE CRIME VICTIM ASSISTANCE PROGRAM TO THE OFFICER OF THE GOVERNOR OF THE STATE OF TEXAS; AGREEING TO PROVIDE MATCHING FUNDS FOR THE PROJECT; AND PROVIDING FOR INCORPORATION OF PREAMBLE AND AN EFFECTIVE DATE.

WHEREAS, the City Council finds it in the best interest of the citizens of the City of Dickinson, Galveston County, Texas (the “City”) that the Crime Victim Assistance Program be operated for fiscal year 2009; and

WHEREAS, the City Council agrees that the City will provide applicable matching funds for the said project as required by the Victims of Crime Act (“VOCA”) Grant application; and

WHEREAS, the City Council agrees that in the event of loss or misuse of the Criminal Justice Division funds, the City Council assures that the funds will be returned to the Criminal Justice Division in full.

WHEREAS, the City Council designates Julie Masters, Mayor of the City of Dickinson as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DICKINSON,

TEXAS: Section 1. The facts and matters contained in the preamble are hereby found

to be true and correct and incorporated herein by this reference as if set at length. Section 2. The City Council hereby approves submission of the grant

application for the Crime Victim Assistance Program to the Office of the Governor, Criminal Justice Division.

Section 3. This Resolution shall become effective immediately upon its passage.

DULY PASSED AND APPROVED this 12th day of February 2008. ____________________________________ Julie Masters, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ ____________________________________ Carol L. McLemore, City Secretary Loren B. Smith, City Attorney

City Hall/Library Complex - Budget vs. Actual As of January 31, 2008

DescriptionOriginal Total Project Cost (approved by

Council 3-27-07)

Actual Expenditure

as of 01/31/2008

Actual Budget balance

available as of 01/31/2008 Variance

Proposed Revised Budget

Architectural Fees

Basic Services @8% 360,000 272,526 87,474 - 360,000 Reimbursables 30,000 1,033 28,967 (10,000) 20,000 AE Additional Services - - - - Architect Change Orders 20,000 - 20,000 - 20,000 Civil Engineer 8,500 - 8,500 - 8,500 Library Consultant 8,000 3,000 5,000 (5,000) 3,000 Geotechnical 6,000 2,950 3,050 - 6,000 Survey 28,000 5,346 22,654 (15,000) 13,000

- - - - Program Manager 195,000 94,899 100,101 (100,101) 94,899

- - - Land / Relocation Fees - - -

Real Estate/Land Purchase -Muffler shop - - - Real Estate/Land Purchase Muffler shop Traffic Engineering - - - Platting - Engineering 3,000 - 3,000 - 3,000 City Hall - - -

Moving costs 30,000 24,552 5,448 24,552 54,552 Rent 160,000 25,000 135,000 (40,000) 120,000 Temp utilities, phones 25,000 2,087 22,913 - 25,000 Storage 10,000 4,591 5,409 13,271 23,271 Temp security, 5,000 - 5,000 - 5,000 Renovate lease Space 20,000 52,232 (32,232) 32,232 52,232 Library - - -

Moving costs 12,000 20,355 (8,355) 20,355 32,355 Rent 160,000 21,600 138,400 (102,400) 57,600 Temp utilities, phones 25,000 780 24,220 (18,220) 6,780 Storage 10,000 2,151 7,849 2,231 12,231 Temp security, 5,000 - 5,000 - 5,000 Renovation of Space 30,000 22,521 7,479 (7,479) 22,521 Public Fees - - -

Wastewater Capacity - - - Storm water Capacity - - - TMP Utilities Relocation 50,000 859 49,141 (34,141) 15,859 Water District 40,000 - 40,000 (35,000) 5,000

County - - - County 1 of 2

City Hall/Library Complex - Budget vs. Actual As of January 31, 2008

DescriptionOriginal Total Project Cost (approved by

Council 3-27-07)

Actual Expenditure

as of 01/31/2008

Actual Budget balance

available as of 01/31/2008 Variance

Proposed Revised Budget

- - - General Contractor 4,500,000 - 4,500,000 321,683 4,821,683

Demolition 110,000 28,979 81,021 (36,021) 73,979 Builders Risk Insurance by City - - 45,000 45,000 Contingency for changes 225,000 - 225,000 (25,000) 200,000

- - - - - - Materials Testing 20,000 152 19,848 (9,848) 10,152 Test & Balance 6,000 - 6,000 2,000 8,000 Vendor - - - Security 30,000 - 30,000 - 30,000 Data 20,000 - 20,000 - 20,000 Phones 35,000 - 35,000 - 35,000

- - - FF & E 200,000 - 200,000 - 200,000 Issuance Cost 78,500 55,386 23,114 (23,114) 55,386

City Hall Project Cost 6,465,000.00 641,000 5,824,000 0 6,465,000

2 of 2




OTHER

PAGE 1 OF 1


TOPIC APPROVAL OF PREVAILING WAGE RATE FOR

CONTRACTORS ON THE CITY HALL/LIBRARY COMPLEX PROJECT

BACKGROUND

Chapter 2258 of the Texas Government Code requires cities to establish and adopt a prevailing wage rate to be paid to contractors involved in the construction of a public work, including buildings that are paid for in whole or in part from public funds. Section 2258.022 of the Texas Government Code provides two methods for establishing the required prevailing wage rate: (1) the city may conduct a survey of contractors in the geographic area or (2) utilize the prevailing wage rate as determined by the United States Department of Labor in accordance with the Davis-Bacon Act (40 USC Section 276a, et seq.). Dickinson Independent School District conducted a survey of six (6) other school districts in this area and averaged the results they received in the survey to use for their construction projects. The City Attorney feels that we can use the survey that they did to use for the Prevailing Wage Rate in the City’s projects.

RECOMMENDATION Staff recommends approval of the attached Prevailing Wage Rate ATTACHMENTS Prevailing Rage Rate

FUNDING ISSUES None

Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER Julie M. Johnston, City Administrator


PREVAILING WAGE RATE SCALE FOR ENGINEERING CONSTRUCTION FOR THE CITY OF DICKINSON CITY HALL/LIBRARY PROJECT

A. Pay prevailing basic wage listed, plus any applicable fringe benefits. B. Basic Rates:

JOB CLASSIFICATION

WAGE RATE Acoustical Ceiling Installer – Helper 9.00 Acoustical Ceiling Installer – Journeyman 14.50 Air Conditioning Serviceman – Helper 11.00 Air Conditioning Serviceman – Journeyman 17.25 Bricklayer – Helper 12.50 Bricklayer – Foreman 16.00 Bricklayer – Journeyman 15.38 Carpenter/Caseworker 12.06 Carpenter Form Builder – Helper 10.33 Carpenter Form Builder – Foreman 20.00 Carpenter Form Builder – Journeyman 12.50 Carpenter Trim & Finish – Helper 10.00 Carpenter Trim & Finish – Foreman 20.00 Carpenter Trim & Finish – Journeyman 12.50 Concrete Finisher – Helper 9.00 Concrete Finisher – Foreman 15.69 Concrete Finisher – Journeyman 12.60 Heavy Equipment Operators 16.13 Crane, Clamshell, Backhoe, Derrick, Dragline 16.22 Drywall Hangers 12.59 Drywall Installers; Ceiling Installer 11.50 Drywall Installer – Helper 9.00 Drywall Installer – Foreman 14.50 Drywall Installer – Journeyman 11.52 Drywall Taper – Helper 9.50 Drywall Taper – Foreman 14.50 Drywall Taper – Journeyman 11.52 Electrician – Apprentice 11.00 Electrician – Helper 10.00 Electrician – Foreman 18.38 Electrician – Journeyman 14.21 Electronic Technician – Journeyman 13.30 Elevator Constructor Mechanics – Helper 16.02 Elevator Constructor Mechanics – Journeyman 22.52 Floor Layer – Carpet – Helper 10.00 Floor Layer – Carpet – Foreman 15.50 Floor Layer – Carpet – Journeyman 13.00 Light Equipment Operators 11.84 Forklift Operator 14.00 Front End Loader Operator 12.42 Glazier – Helper 9.50 Glazier – Foreman 15.00 Glazier – Journeyman 11.50 Insulators 10.13 Insulator Piping – Helper 8.50 Insulator Piping – Journeyman 12.63

Prevailing Wage Rate Page 1 of 3

JOB CLASSIFICATION

WAGE RATE

Ironworker – Rebar – Journeyman 11.46 Ironworker – Structural – Helper 8.92 Ironworker – Structural – Foreman 17.50 Ironworker – Structural – Journeyman 14.00 Laborers 8.00 Laborer – Foreman 13.25 Laborer – Skilled 9.00 Laborer – Unskilled 7.75 Lather – Journeyman 15.30 Lather – Helper 11.00 Metal Building Assembler 10.00 Millwrights 14.50 Painter – Journeyman 13.27 Pipe Fitters 9.80 Pipe Fitter – Apprentice 12.75 Pipe Fitter – Helper 11.33 Pipe Fitter – Foreman 21.60 Pipe Fitter – Journeyman 18.54 Plasterer – Journeyman 16.53 Plasterer – Helper 9.87 Plumber – Apprentice 11.30 Plumber – Helper 8.60 Plumber – Foreman 21.50 Plumber – Journeyman 17.57 Roofers 11.50 Sheet Metal Workers 12.33 Sheet Metal Worker – Roofing – Helper 7.75 Sheet Metal Worker – Roofing – Foreman 14.12 Sheet Metal Worker – Roofing – Journeyman 10.46 Sheet Metal Worker – Ductwork – Helper 9.20 Sheet Metal Worker – Ductwork – Foreman 17.60 Sheet Metal Worker – Ductwork – Journeyman 14.70 Sprinkler System Installer – Apprentice 13.50 Sprinkler System Installer – Journeyman 21.02 Sprinkler System Installer – Helper 11.70 Terrazzo Workers 16.24 Tile Setter 12.50 Truck Driver 11.00 Waterproof/Caulker 11.75 Welder – Structural – Journeyman 14.80 Welder – Certified – Pipe – Helper 11.81 Welder – Certified – Pipe – Journeyman 17.50


C. Worker Classification Sheet

Asbestos Worker Worker who removes and disposes of asbestos materials. Carpenter

Worker who builds wood structures or structures of any material which has replaced wood. Includes rough and finish carpentry, hardware and trim.

Carpet Layer/Floor Installer Worker who installs carpet and/or floor coverings – vinyl tile. Concrete Finisher Worker, who floats, trowels and finishes concrete. Data Com/Telecom Installer

Worker who installs data/telephone and television cable and associated equipment and accessories.

Drywall/Ceiling Installer

Worker who installs metal framed walls and ceilings, drywall coverings, ceiling grids and ceilings.

Electrician

Skilled craftsman who installs or repairs electrical wiring and devices. Includes fire alarm systems and HVAC electrical controls.

Elevator Mechanic Craftsman skilled in the installation and maintenance of elevators. Fire Proofing Installer Worker who sprays or applies fire proofing materials. Glazier Worker who installs glass, glazing and glass framing. Heavy Equipment Operator

Includes, but not limited to all Cat tractors, all derrick-powered, all power operated cranes, back-hoe, back-filler, power operated shovel, winch truck, all trenching machines.

Insulator Worker, who supplies, sprays or installs insulation. Iron Worker Skilled craftsman who erects structural steel framing and installs structural concrete rebar. Laborer/Helper

Worker qualified for only unskilled or semi-skilled work. Lifting, carrying materials and tools, hauling, digging, clean-up.

Lather/Plasterer Worker who installs metal framing and lath. Worker who applies plaster lathing and installs associated accessories.

Light Equipment Operator

Includes, but not limited to, air compressors, truck crane driver, flex plane, building elevator, form grader, concrete mixer (less than 14 cf), conveyor.

Mason

Craftsman who works with masonry products, stone, brick, block or any material substituting for those materials and accessories.

Metal Building Assembler Worker who assembles pre-made metal buildings. Millwright

Mechanic specializing in the installation of heavy machinery, conveyance, wrenches, dock levelers, hydraulic lifts and align pumps.

Painter/Wall Covering Installer Worker who prepares wall surfaces and applies paint and/or wall coverings, tape and bedding. Pipe fitter

Trained worker who installs piping systems, chilled water piping and hot water (boiler) piping, pneumatic tubing controls, chillers, boilers and associated mechanical equipment.

Plumber

Skilled craftsman who installs domestic hot and cold water piping, waste piping, storm system piping, water closets, sinks, urinals, and related work.

Roofer

Worker who installs roofing materials, Bitumen (asphalt and cold tar) felts, flashings, all types roofing membranes and associated products.

Sheet Metal Worker

Worker who installs sheet metal products, roof metal, flashing and curbs, ductwork, mechanical equipment and associated metals.

Sprinkler Fitter Worker who installs fire sprinkler systems and fire protection equipment. Terrazzo Worker Craftsman who places and finishes Terrazzo. Tile Setter Worker who prepares wall and/or floor surfaces and applies ceramic tile to these surfaces Waterproofer/Caulker

Worker who applies water proofing material to buildings. Products include sealant, caulk, sheet membranes, sprayed, rolled or brushed.


ITEM 7 NOTES:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

ITEM 8 NOTES:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

February 6, 2008 Mr. Mike Fitzgerald County Engineer County of Galveston RE: FM 646 Widening Project Dear Mr. Fitzgerald: I wanted to take this opportunity to reiterate the comments that I made on record at the Public Meeting for the FM 646 Widening Project held on January 15, 2008, at Bay Colony Elementary School in League City. Raised medians are currently planned for future FM 646 north of FM 517, but the plans call for an open, continuous turn lane south of FM 517. I am pleading with you to reconsider the open turn lane south FM 517 on future FM 646. As Mayor of Dickinson, I can only speak for the portion of the project that lies within my jurisdiction (FM 517 to Second Street), but I believe the safety of those in the City of Santa Fe should be considered as well. The open turn lanes have come to be known as “suicide lanes” and the lives of citizens are worth much more than the time it will take to make minor revisions to the plans, taking into consideration that raised medians have already been drawn for the section north of FM 517. Also, there will be less concrete required for raised medians (soil based) thus saving additional money to revise drawings and purchase additional right-of-way, if needed. I am requesting that irrigation sleeves be installed and irrigation taken across Dickinson Bayou by attaching to the side of the new bridge. The City of Dickinson will provide water and long term maintenance to the raised beds. Please build this highway for the future not for the topography of today. The landscape will undoubtedly change in the near future, and traffic will increase. Open turn lanes are already creating havoc on busy highways. The City of Dickinson is currently dealing with problems related to open turn lanes on State highways within the City, an expensive endeavor to recover from once the concrete is poured. In Houston, FM 1960 and Westheimer Road are being reworked to include raised medians for safer travel and better traffic management. Please plan ahead and construct a roadway that will carry us many, many years into the future. Again, I ask that you give serious consideration to this request. Everyone along FM 646 deserves a safe venue in which to travel. I am excited about this project and believe it to be a welcome improvement to the three cities that will benefit from the additional lanes. Thank you for your time and consideration of this request. Respectfully, Julie Masters Mayor c:

TAB 10




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TOPIC : ORDINANCE NUMBER XXX-2008

AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, REPEALING ORDINANCE NUMBER 569-2006, CODIFIED AS CHAPTER 6.5, EMERGENCY MEDICAL SERVICE, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS; ADOPTING A NEW CHAPTER 6.5 OF THE CODE OF ORDINANCES TO BE ENTITLED “AMBULANCE SERVICE” AND ESTABLISHING REGULATIONS FOR THE OPERATION OF AMBULANCE SERVICE WITHIN THE CITY; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A CUMULATIVE REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 AND THAT EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES SHALL BE DEEMED A SEPARATE OFFENSE; PROVIDING FOR THE AUTHORIZATION TO SEEK INJUNCTIVE RELIEF TO ENJOIN VIOLATIONS WHICH CONSTITUTE AN IMMINENT HAZARD OR DANGER TO THE PUBLIC HEALTH AND SAFETY; AND AN PROVIDING AN EFFECTIVE DATE.

BACKGROUND: On January 3, 2006, by Resolution Number 834-2006, the City

approved an Interlocal Agreement with Galveston County Health District for Non-Emergency Transfers that provides GCHD the exclusive right to provide non-emergency patient transfers within the City limits. The Whereas clauses of the Interlocal Agreement reflect that the City of Dickinson intends to amend its Code of Ordinances to prohibit any entity from providing emergency or non-emergency ambulance service without a permit. Also pursuant to the terms of the Interlocal Agreement, the City is required to provide, maintain and enforce a mechanism for the permitting of non-emergency transfers within the City limits. The City of Dickinson adopted certain regulations governing the provision of emergency medical services on January 10, 2006, by Ordinance Number 569-2006; however, such regulations do not establish a permitting process for ambulance service and instead merely prohibit anyone other than the City from providing emergency medical service and transport within the City.




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Therefore, the original regulations, codified in Chapter 6.5 Emergency Medical Service, do not adequately address non-emergency patient transfer services or permitting. Additionally, now the GCHD does not have adequate staffing to perform all transfers and must utilize private ambulance services to subsidize the large number of requests. This situation requires private ambulance services to operate within the City. It is now necessary to revise the regulations to address both emergency and non-emergency ambulance service through a permitting process. The revisions to Chapter 6.5, Ambulance Service, address both emergency and non-emergency ambulance services and provide the City with the authority to monitor and regulate all service providers operating within the city limits. Ensuring the ambulance service provider’s staff and equipment meets all Federal, State and Local laws and ordinances is critical to the safety and well being of the citizens of Dickinson. This will also bring the City into compliance with the terms of the Interlocal Agreement.

RECOMMENDATION: Staff recommends approval ATTACHMENTS • Ordinance Number XXX-2008

• Copy of Interlocal Agreement for Non-Emergency Transfers with Galveston County Health District

• Copy of Ordinance Number 569-2006 codified as Chapter 6.5, Emergency Medical Service (current regulations)

• Redlined version of proposed new Chapter 6.5, Ambulance Service

FUNDING ISSUES Not applicable

Not budgeted Amount already budgeted Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER Norman W. Hicks, Director of Fire Services


ORDINANCE NUMBER XXX-2008

AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, REPEALING ORDINANCE NUMBER 569-2006, CODIFIED AS CHAPTER 6.5, EMERGENCY MEDICAL SERVICE, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS; ADOPTING A NEW CHAPTER 6.5 OF THE CODE OF ORDINANCES TO BE ENTITLED “AMBULANCE SERVICE” AND ESTABLISHING REGULATIONS FOR THE OPERATION OF AMBULANCE SERVICE WITHIN THE CITY; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A CUMULATIVE REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 AND THAT EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES SHALL BE DEEMED A SEPARATE OFFENSE; PROVIDING FOR THE AUTHORIZATION TO SEEK INJUNCTIVE RELIEF TO ENJOIN VIOLATIONS WHICH CONSTITUTE AN IMMINENT HAZARD OR DANGER TO THE PUBLIC HEALTH AND SAFETY; AND AN PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 773, Texas Health and Safety Code, as amended, expressly authorizes a municipality to establish standards for ambulance service; and WHEREAS, pursuant to such authorization, the City of Dickinson adopted certain regulations applicable to the provision of ambulance service within the City by Ordinance Number 569-2006, duly passed and approved on January 10, 2006 and codified as Chapter 6.5, Emergency Medical Service, of the Code of Ordinances of the City of Dickinson; and WHEREAS, pursuant to an Interlocal Agreement for Non-Emergency Transfers by and between the Galveston County Health District d/b/a Galveston Area Ambulance Authority, the City of Dickinson, Texas, the City of La Marque, Texas, the Village of Tiki Island, Texas, the city of Bayou Vista, Texas, the City of Hitchcock, Texas, and the City of Texas City, Texas, approved by the City Council on January 3, 2006, by Resolution Number 834-2006, the City Council finds that it is appropriate to expand the provisions of Chapter 6.5 to include provisions for permitting and regulating ambulance service by private companies within the City of Dickinson; and WHEREAS, the City Council hereby finds that Ordinance Number 569-2006, codified as Chapter 6.5, Emergency Medical Service, of the Code of Ordinances should be repealed and a new Chapter 6.5, Ambulance Service, should be adopted to establish regulations for the provision of ambulance service within the City of Dickinson. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes.

______________________________________________________________________ CITY OF DICKINSON, TEXAS - ORDINANCE NUMBER XXX-2008 Page 1

Section 2. Ordinance Number 569-2006, duly passed and approved by the City Council of the City of Dickinson on January 10, 2006 and codified as Chapter 6.5, Emergency Medical Service, of the Code of Ordinances of the City of Dickinson, Texas, is hereby repealed in its entirety. Section 3. The Code of Ordinances of the City of Dickinson, Texas, is hereby amended by the addition of a new Chapter 6.5 to be entitled “Ambulance Service” and to read in its entirety as follows:

“Chapter 6.5

AMBULANCE SERVICE

Sec. 6.5-1. Short title

This chapter shall be known and may be cited as “The City of Dickinson Ambulance Service Regulations.”

Sec. 6.5-2. Scope

This Chapter shall govern and apply to the operation of ambulance service, ambulances and ambulance personnel within the city. Sec. 6.5-3. Definitions

Ambulance means any privately or publicly owned motor vehicle constructed, reconstructed, arranged, equipped, used or otherwise intended to be used for transportation of sick, injured, invalid or otherwise incapacitated persons from one place to another. This term shall be construed to mean either emergency or transfer ambulances.

Ambulance service means the providing or making available to the public or to

any person of a motor vehicle and any personnel for the transportation of and/or the provision of prehospital emergency medical services to an individual who is sick, injured invalid or incapacitated, whether in emergency circumstances or not.

Emergency means any combination of events or circumstances which results, or may result, in life- or body-threatening injury or illness requiring immediate emergency medical services.

Emergency ambulance means any motor vehicle construed or designed for

transporting the sick or injured, and which meets all of the existing requirements established by the Department of Transportation, G.S.A. Bulletin KKK-A-1822, as referenced by Texas State Department of Health and provisions of this Chapter.

Emergency call means any request for emergency medical service that is made

in circumstances that are, or have been represented to be, an emergency and require immediate prehospital emergency medical service.


Emergency care attendant (ECA) means any person that has met all the minimum requirements established by this Chapter and who has completed all of the training requirements established by the Department of Transportation Emergency Care Attendant Outline and who has met all of the requirements established by the Sate of Texas Emergency Care Attendant Registry.

Emergency medical services (EMS) means the emergency medical service

system established for the purpose of providing to the citizens of the City an emergency medical service utilizing emergency medical technicians (EMTs) and emergency vehicles in compliance with the regulations outlined in this Chapter.

Emergency medical technician (EMT) means any person who has met all the

minimum requirements established by this Chapter and who has completed all of the training requirements established by the Department of Transportation Emergency Medical Technician Outline and who has met all of the requirements established by the State of Texas Emergency Medical Technician Registry.

Emergency transfer means any transportation provided for a patient by an

emergency ambulance from one hospital or other place of treatment, after initial stabilization, to another hospital or other place of treatment for definitive care, under emergency circumstances.

Industrialambulance means any vehicle owned and operated by an industrial

facility at industrial sites used for the initial transport or transfer of the unstable urgently sick persons at those sites who become sick, injured, wounded or otherwise incapacitated in the course of their employment from the job site to an appropriate medical facility; provided, however, that the vehicle is not available for hire or use by the general public except when assisting the local community in disaster situations or related emergencies.

Non-emergency means any situation not classified as an emergency. Patient means any person who is sick, injured, or incapacitated and who

becomes subject to transportation or care by an emergency medical technician (EMT) attendant, driver, or attendant-driver pursuant to the terms of this Chapter.

Permit Officer means the Fire Marshal or his duly authorized representative. Person means any individual, firm, partnership, association, corporation,

company, group of individuals acting together for a common purpose, or organization of any kind. The term shall not include any governmental agency.

Transfer means movement, in a transfer ambulance, of prescheduled non-

emergency patients from place to place.


Transfer ambulance means any motor vehicle constructed, arranged and equipped for transporting non-emergency patients from place to place, and that meets the requirements of Chapter 773, Emergency Medical Services, of the Texas Health & Safety Code, as amended, and the provisions of this Chapter, as amended.

Transfer ambulance service means any organization or operation utilizing a

transfer ambulance for the purpose of transporting non-emergency patients from one place to another.

Sec. 6.5-6. Persons and agencies authorized to furnish emergency ambulance service

(a) The City of Dickinson shall be the primary Emergency Medical Service

provider for the City of Dickinson.

(b) Except as may otherwise be provided for in this Chapter, a person commits an offense if the person operates, conducts, maintains or otherwise engages in the furnishing of an unauthorized ambulance service within the limits of the city; or

(c) The provisions of subsection (b) of this section shall not apply to the

following: (1) The United States government and its agencies, the State of Texas, the

County of Galveston or the City of Dickinson. (2) Persons who operate an ambulance service from a location or

headquarters outside the limits of the city and who are transporting patients from a location outside the limits of the city to a location within the city, or through the city to some other location.

(3) Persons furnishing, at the city's request, a permitted ambulance service. (4) An industrial ambulance or any vehicle owned and operated by an

industrial facility at industrial sites used for the initial transport or transfer of the unstable urgently sick or injured and ground vehicles at industrial sites used to transport persons at those sites who become sick, injured, wounded or otherwise incapacitated in the course of their employment from the job site to an appropriate medical facility; provided, however, that the vehicle is not available for hire or used by the general public except when assisting the local community in disaster situations or like emergencies.


Sec. 6.5-7. Operation of vehicles; response requirements. (a) The driver of an ambulance, when responding to an authorized emergency

or non-emergency call or transporting an emergency or non-emergency patient, shall comply with all applicable State laws and City ordinances pertaining to operation of emergency vehicles and must be authorized by the City.

(b) Use of emergency signals by ambulances. It shall be unlawful for any

operator of an ambulance to utilize audible and visual emergency signals, except where circumstances reasonably dictate that the transportation of a patient is an emergency, in which situation such driver may exercise all of the privileges set forth in subsection (a) of this section after notifying the Dickinson Police Department Dispatch Center by radio or telephone.

(c) The holder of an ambulance permit shall not deny timely response,

treatment, or transportation to an appropriate medical facility to anyone in the City due to age, sex, race, religion, ethnicity, medical condition or the patient’s actual or perceived ability or inability to pay for services rendered pursuant to the permit. In addition, the holder of an ambulance permit shall make available to the City, upon the City’s request, ambulances and personnel necessary for standby assistance during emergencies occurring in the City.

(d) Firearms prohibited on ambulances. Firearms are prohibited aboard all

ambulances, except when in the possession of a certified law enforcement officer who is not an employee of the permitted company and who may be required to accompany a patient to a medical facility. (e) Each permitted ambulance shall be staffed on every call by at least two (2) persons having the appropriate level of certification in compliance with Texas Department of Health Services regulations. Sec. 6.5-8. Special requirements for transfer ambulances. (a) No transfer ambulance shall ever be operated upon the streets, highways or other public places of the City unless such ambulance is operated by at least two (2) validly permitted ambulance attendants, one of whom must possess a current Emergency Care Attendant certificate as required by the State, and the other attendant must be certified by the State as at least EMT-Basic. (b) All transfer ambulances shall have lettering six (6) inches in height attached to each side of said ambulance indicating that the vehicle is in fact a transfer ambulance in accordance with Texas Department of State Health Services regulations. (c) All transfer ambulances shall have a current fee schedule conspicuously posted in the patient’s compartment in accordance with Texas Department of State Health Services regulations.


(d) The requirements listed in this Section are not applicable to permitted emergency-only ambulances. Sec. 6.5-9. Insurance. In accordance with Texas Department of State Health Services regulations, each holder of an ambulance service permit shall maintain in effect at all times a policy or policies for (1) public liability, (2) property damage, (3) automobile liability insurance, and (4) professional liability insurance identifying the City of Dickinson and its agents as additional insured parties, with a company or companies authorized to do business in the State of Texas and approved by the City Attorney, in amounts not less than five hundred thousand dollars ($500,000.00) on account of injury to or death of one (1) or more persons, and one hundred thousand dollars ($100,000.00) for damage to or destruction of property. Each permittee shall furnish the Permit Officer a valid certificate of insurance showing compliance with this Section, and any such policy shall contain the usual non-cancellation clause except upon thirty (3) days’ advance written notice to the City of Dickinson. Sec. 6.5-10. Reserved. Sec. 6.5-11. Reserved. Sec. 6.5-12. Authorization of Permit Officer. The Permit Officer is authorized as follows: (a) To receive applications for permits issued pursuant to this Chapter, to cause such investigation as he or she deems necessary to be made of the applicant, and to approve or deny issuance of any permit. (b) To issue permits authorized hereunder upon his or her making the findings required herein. (c) To examine or cause to be examined all applications for renewal permits so as to determine whether each such applicant is in full compliance with all requirements of this Chapter and the Texas Department of Health. (d) To reinspect and re-examine all applications for renewal permits so as to determine whether each applicant is in full compliance with all requirements of this Chapter and the Texas Department of Health. (e) To conduct or cause to be conducted an inspection of the ambulance, equipment, business records and premises from which such ambulance service operates as deemed necessary.


(f) Subject to appeals provided for herein, to revoke or suspend any permit issued under this Chapter. (g) To maintain the highest level of pre-hospital emergency medical services and delivery thereof. (h) To develop such reasonable regulations as may be necessary for the proper enforcement and implementation of the provisions of this Chapter, subject to the approval of the City Council. Sec. 6.5-13. Ambulance service permit. (a) It shall be unlawful for any person to furnish, operate, conduct, maintain, advertise, or otherwise engage in or profess to be engaged in an ambulance service or the business or service of transporting emergency or non-emergency patients upon the streets, alleys, or public ways of the City unless such person holds a valid Ambulance Service Permit issued pursuant to the terms of this Chapter. (b) Each applicant for an Ambulance Service Permit shall submit an application therefor annually upon such forms as may be prescribed by the Permit Officer, and shall furnish the following with such application: (1) Acceptable proof, in a binder or other suitable form, that all insurance requirements of this Chapter have been met; (2) A complete listing of the names of personnel who shall be employed, together with satisfactory proof that all such personnel meet the standards of qualification set forth in the permit and training requirements for ambulance attendants pursuant to the terms of this Chapter and the Texas Department of Health. Throughout the term of a permit issued, the applicant must update its required personnel information with the City within 30 calendar days of the occurrence of a personnel change; and (3) All response reports for all activities in Dickinson setting forth all circumstances surrounding the event and applicable patient information and pre-hospital care rendered for the previous calendar year. Sec. 6.5-14. Ambulance vehicle permit. (a) It shall be unlawful for any person to drive or operate any ambulance vehicle upon the public streets, alleys or other public ways of the City unless such vehicle shall have lawfully affixed thereto a valid ambulance permit issued pursuant to the provisions of this Chapter for all vehicles utilized, deployed, housed or stationed in the City.


(b) Each applicant for an ambulance vehicle permit shall submit an application therefor annually upon such forms as may be prescribed by the Permit Officer, together with satisfactory proof of compliance with the requisites of Chapter 773 of Texas Health & Safety Code, as amended, and all other applicable state statutes. Sec. 6.5-15. Issuance and renewal. Upon payment of the fee prescribed therefor, and after finding that the applicant has complied with all provisions of this Chapter, the Permit Officer shall be authorized to issue an initial permit and/or renewal permit to the applicant. The Permit Officer shall render a decision on an application for an initial permit and/or renewal within thirty (30) calendar days after receipt of an administratively complete application. Sec. 6.5-16. Fees. The fees for permits required by this Chapter shall be contained in the Master Fee Schedule adopted by the City Council. Such fees must be submitted at the time of application, are non-refundable, and shall not be pro-rated as to time. Sec. 6.5-17. Reporting requirements. (a) The holder of an ambulance service permit shall submit to the Permit Officer, on such forms as may be prescribed for the purpose, a copy of all response reports for all activities in Dickinson setting forth all circumstances surrounding the event and applicable patient information and pre-hospital care rendered within 30 days following the end of each calendar quarter and within 10 days following a specific request for such information from the Permit Officer. (b) The holder of a ambulance service permit for non-emergency service shall submit to the Permit Officer, on such forms as may be prescribed for the purpose, a report setting forth the fact of the occurrence of any of the following events and fully setting forth all circumstances surrounding the event, such report to be submitted within twenty-four (24) hours following the event:

(1) That a non-emergency transfer became an emergency situation suddenly and without warning.

(2) That a death occurred during the course of a non-emergency

transfer. (3) That a permitted ambulance became involved in a traffic accident.

(c) Each holder of an ambulance service permit shall be subject to operational and medical audits by the City.


Sec. 6.5-18. Transfer. The sale, assignment or other transfer of any permit issued pursuant to the provisions of this Chapter is strictly prohibited. No sale, assignment or other transfer of any permit issued pursuant to the provisions of this Chapter shall be valid for any purpose. Sec. 6.5-19. Expiration. Each permit issued pursuant to this Chapter shall expire on January 31 of each calendar year unless sooner revoked or terminated. Sec. 6.5-20. Revocation, suspension or denial. In the event a permittee violates or fails to meet any term or provision of this Chapter, the Permit Officer shall be authorized to revoke, deny, or cause the suspension of a permit. The Permit Officer shall cause to be transcribed a letter of revocation, suspension or denial, whichever shall be the case, that shall be delivered via certified mail, return receipt requested, to the offending permittee, and an additional copy of which shall be sent to the City Administrator. Sec. 6.5-21. Appeal. If the Permit Officer has revoked, suspended or denied a permit or application for permit, the permittee or applicant shall have the right to appeal to the city council within ten (10) calendar days, which appeal shall be perfected by delivering, in writing, seven (7) copies of same to the City Secretary stating that an appeal from the decision of the Permit Officer is desired and the facts regarding same. The city council will schedule a hearing as soon as practicable after receiving such notice of appeal, grant a hearing thereof, and after the hearing of the appeal, shall within a period of five (5) days, sustain or reverse the decision of the Permit Officer. If no appeal is made of the decision of the Permit Officer within the time provided herein, the decision of the Permit Officer shall be final; otherwise the decision of the city council shall become final.” Section 4. This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of said Ordinances except those instances where there are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided, however, that any complaint, action, claim or lawsuit that has been initiated or has arisen under or pursuant to any of the Ordinances or sections thereof that have been specifically repealed on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance or section thereof and for that purpose the Ordinance or section thereof shall remain in full force and effect.


Section 5. If any section, article, paragraph, sentence, clause, phrase or word

in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the City Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

Section 6. All rights and remedies of the City of Dickinson are expressly saved as to any and all violations of the provisions of any Ordinances affecting and which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Section 7. 7.01 Any person who intentionally, knowingly, recklessly or with criminal negligence violates any of the provisions of this Ordinance shall be deemed guilty of a Class C misdemeanor and, upon conviction, shall be fined, except as otherwise provided herein, in a sum not to exceed Two Thousand Dollars ($2,000) for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 7.02 If the City Council of the City of Dickinson determines that a violation of this Ordinance creates a threat to the public safety, the City of Dickinson may bring suit in district court to enjoin the person, firm, partnership, corporation, or association from engaging in the prohibited activity. The City of Dickinson is not required to give bond as a condition to the issuance of injunctive relief.

Section 8. This Ordinance shall be in full force and effect from and after its date of passage, in accordance with the law.

PASSED AND APPROVED on first reading this _____ day of ___________________, 2008.

PASSED AND APPROVED on second reading this _____ day of

___________________, 2008. PASSED, APPROVED AND ADOPTED on third and final reading this ________

day of _______________, 2008. __________________________ Julie Masters, Mayor City of Dickinson, Texas


ATTEST: _____________________________ Carol L. McLemore, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: _____________________________ Loren B. Smith, City Attorney City of Dickinson, Texas


Chapter 6.5

AMBULANCE SERVICE

Sec. 6.5-1. Short title

This chapter shall be known and may be cited as “The City of Dickinson Ambulance Service Regulations.”

Sec. 6.5-2. Scope

This Chapter shall govern and apply to the operation of ambulance service, ambulances and ambulance personnel within the city. Sec. 6.5-3. Definitions

Ambulance means any privately or publicly owned motor vehicle constructed, reconstructed, arranged, equipped, used or otherwise intended to be used for transportation of sick, injured, invalid or otherwise incapacitated persons from one place to another. This term shall be construed to mean either emergency or transfer ambulances.

Ambulance service means the providing or making available to the public or to

any person of a motor vehicle and any personnel for the transportation of and/or the provision of prehospital emergency medical services to an individual who is sick, injured invalid or incapacitated, whether in emergency circumstances or not.

Emergency means any combination of events or circumstances which results, or may result, in life- or body-threatening injury or illness requiring immediate emergency medical services.

Emergency ambulance means any motor vehicle construed or designed for

transporting the sick or injured, and which meets all of the existing requirements established by the Department of Transportation, G.S.A. Bulletin KKK-A-1822, as referenced by Texas State Department of Health and provisions of this Chapter.

Emergency call means any request for emergency medical service that is made

in circumstances that are, or have been represented to be, an emergency and require immediate prehospital emergency medical service.

Emergency care attendant (ECA) means any person that has met all the

minimum requirements established by this Chapter and who has completed all of the training requirements established by the Department of Transportation Emergency Care

Deleted: EMERGENCY MEDICAL

Deleted: Emergency Medical Service

Deleted: emergency medical

Deleted: emergency medical service vehicle


Deleted: ¶Emergency medical service vehicle

Deleted: Emergency medical

Deleted: ¶

Deleted: , including the transportation of any person by an emergency medical service vehicle from one place in the City to another place of treatment for definitive care under emergency or non-emergency circumstances

Attendant Outline and who has met all of the requirements established by the Sate of Texas Emergency Care Attendant Registry.

Emergency medical services (EMS) means the emergency medical service

system established for the purpose of providing to the citizens of the City an emergency medical service utilizing emergency medical technicians (EMTs) and emergency vehicles in compliance with the regulations outlined in this Chapter.

Emergency medical technician (EMT) means any person who has met all the

minimum requirements established by this Chapter and who has completed all of the training requirements established by the Department of Transportation Emergency Medical Technician Outline and who has met all of the requirements established by the State of Texas Emergency Medical Technician Registry.

Emergency transfer means any transportation provided for a patient by an

emergency ambulance from one hospital or other place of treatment, after initial stabilization, to another hospital or other place of treatment for definitive care, under emergency circumstances.

Industrialambulance means any vehicle owned and operated by an industrial

facility at industrial sites used for the initial transport or transfer of the unstable urgently sick persons at those sites who become sick, injured, wounded or otherwise incapacitated in the course of their employment from the job site to an appropriate medical facility; provided, however, that the vehicle is not available for hire or use by the general public except when assisting the local community in disaster situations or related emergencies.

Non-emergency means any situation not classified as an emergency. Patient means any person who is sick, injured, or incapacitated and who

becomes subject to transportation or care by an emergency medical technician (EMT) attendant, driver, or attendant-driver pursuant to the terms of this Chapter.

Permit Officer means the Fire Marshal or his duly authorized representative. Person means any individual, firm, partnership, association, corporation,

company, group of individuals acting together for a common purpose, or organization of any kind. The term shall not include any governmental agency.

Transfer means movement, in a transfer ambulance, of prescheduled non-

emergency patients from place to place.

Formatted: Font: Not Italic

Deleted: emergency medical vehicle

Deleted: ¶

Transfer ambulance means any motor vehicle constructed, arranged and equipped for transporting non-emergency patients from place to place, and that meets the requirements of Chapter 773, Emergency Medical Services, of the Texas Health & Safety Code, as amended, and the provisions of this Chapter, as amended.

Transfer ambulance service means any organization or operation utilizing a

transfer ambulance for the purpose of transporting non-emergency patients from one place to another.

Sec. 6.5-6. Persons and agencies authorized to furnish emergency ambulance service

(a) The City of Dickinson shall be the primary Emergency Medical Service

provider for the City of Dickinson.

(b) Except as may otherwise be provided for in this Chapter, a person commits an offense if the person operates, conducts, maintains or otherwise engages in the furnishing of an unauthorized ambulance service within the limits of the city; or

(c) The provisions of subsection (b) of this section shall not apply to the

following: (1) The United States government and its agencies, the State of Texas, the

County of Galveston or the City of Dickinson. (2) Persons who operate an ambulance service from a location or

headquarters outside the limits of the city and who are transporting patients from a location outside the limits of the city to a location within the city, or through the city to some other location.

(3) Persons furnishing, at the city's request, a permitted ambulance service. (4) An industrial ambulance or any vehicle owned and operated by an

industrial facility at industrial sites used for the initial transport or transfer of the unstable urgently sick or injured and ground vehicles at industrial sites used to transport persons at those sites who become sick, injured, wounded or otherwise incapacitated in the course of their employment from the job site to an appropriate medical facility; provided, however, that the vehicle is not available for hire or used by the general public except when assisting the local community in disaster situations or like emergencies.

Deleted: medical

Deleted: :

Deleted: ¶¶(1)

Deleted: emergency

Deleted: medical

Deleted:

Deleted: (2) a person commits an offense if the person operates an emergency medical services vehicle within the limits of the City to transport another person for emergency medical service.¶¶


Deleted: ,

Deleted: including their emergency medical vehicles and personnel,

Deleted: emergency or non-emergency emergency medical


Sec. 6.5-7. Operation of vehicles; response requirements.

(a) The driver of an ambulance, when responding to an authorized emergency

or non-emergency call or transporting an emergency or non-emergency patient, shall comply with all applicable State laws and City ordinances pertaining to operation of emergency vehicles and must be authorized by the City.

(b) Use of emergency signals by ambulances. It shall be unlawful for any

operator of an ambulance to utilize audible and visual emergency signals, except where circumstances reasonably dictate that the transportation of a patient is an emergency, in which situation such driver may exercise all of the privileges set forth in subsection (a) of this section after notifying the Dickinson Police Department Dispatch Center by radio or telephone.

(c) The holder of an ambulance permit shall not deny timely response,

treatment, or transportation to an appropriate medical facility to anyone in the City due to age, sex, race, religion, ethnicity, medical condition or the patient’s actual or perceived ability or inability to pay for services rendered pursuant to the permit. In addition, the holder of an ambulance permit shall make available to the City, upon the City’s request, ambulances and personnel necessary for standby assistance during emergencies occurring in the City.

(d) Firearms prohibited on ambulances. Firearms are prohibited aboard all

ambulances, except when in the possession of a certified law enforcement officer who is not an employee of the permitted company and who may be required to accompany a patient to a medical facility. (e) Each permitted ambulance shall be staffed on every call by at least two (2) persons having the appropriate level of certification in compliance with Texas Department of Health Services regulations. Sec. 6.5-8. Special requirements for transfer ambulances. (a) No transfer ambulance shall ever be operated upon the streets, highways or other public places of the City unless such ambulance is operated by at least two (2) validly permitted ambulance attendants, one of whom must possess a current Emergency Care Attendant certificate as required by the State, and the other attendant must be certified by the State as at least EMT-Basic.

Formatted: Justified


Deleted: emergency medical service vehicles

Deleted: emergency medical service vehicle

Deleted: b



(b) All transfer ambulances shall have lettering six (6) inches in height attached to each side of said ambulance indicating that the vehicle is in fact a transfer ambulance in accordance with Texas Department of State Health Services regulations. (c) All transfer ambulances shall have a current fee schedule conspicuously posted in the patient’s compartment in accordance with Texas Department of State Health Services regulations. (d) The requirements listed in this Section are not applicable to permitted emergency-only ambulances. Sec. 6.5-9. Insurance. In accordance with Texas Department of State Health Services regulations, each holder of an ambulance service permit shall maintain in effect at all times a policy or policies for (1) public liability, (2) property damage, (3) automobile liability insurance, and (4) professional liability insurance identifying the City of Dickinson and its agents as additional insured parties, with a company or companies authorized to do business in the State of Texas and approved by the City Attorney, in amounts not less than five hundred thousand dollars ($500,000.00) on account of injury to or death of one (1) or more persons, and one hundred thousand dollars ($100,000.00) for damage to or destruction of property. Each permittee shall furnish the Permit Officer a valid certificate of insurance showing compliance with this Section, and any such policy shall contain the usual non-cancellation clause except upon thirty (3) days’ advance written notice to the City of Dickinson. Sec. 6.5-10. Reserved. Sec. 6.5-11. Reserved. Sec. 6.5-12. Authorization of Permit Officer. The Permit Officer is authorized as follows: (a) To receive applications for permits issued pursuant to this Chapter, to cause such investigation as he or she deems necessary to be made of the applicant, and to approve or deny issuance of any permit. (b) To issue permits authorized hereunder upon his or her making the findings required herein.

Formatted: Underline

(c) To examine or cause to be examined all applications for renewal permits so as to determine whether each such applicant is in full compliance with all requirements of this Chapter and the Texas Department of Health. (d) To reinspect and re-examine all applications for renewal permits so as to determine whether each applicant is in full compliance with all requirements of this Chapter and the Texas Department of Health. (e) To conduct or cause to be conducted an inspection of the ambulance, equipment, business records and premises from which such ambulance service operates as deemed necessary. (f) Subject to appeals provided for herein, to revoke or suspend any permit issued under this Chapter. (g) To maintain the highest level of pre-hospital emergency medical services and delivery thereof. (h) To develop such reasonable regulations as may be necessary for the proper enforcement and implementation of the provisions of this Chapter, subject to the approval of the City Council. Sec. 6.5-13. Ambulance service permit. (a) It shall be unlawful for any person to furnish, operate, conduct, maintain, advertise, or otherwise engage in or profess to be engaged in an ambulance service or the business or service of transporting emergency or non-emergency patients upon the streets, alleys, or public ways of the City unless such person holds a valid Ambulance Service Permit issued pursuant to the terms of this Chapter. (b) Each applicant for an Ambulance Service Permit shall submit an application therefor annually upon such forms as may be prescribed by the Permit Officer, and shall furnish the following with such application: (1) Acceptable proof, in a binder or other suitable form, that all insurance requirements of this Chapter have been met; (2) A complete listing of the names of personnel who shall be employed, together with satisfactory proof that all such personnel meet the standards of qualification set forth in the permit and training requirements for ambulance attendants pursuant to the terms of this Chapter and the Texas Department of Health. Throughout

the term of a permit issued, the applicant must update its required personnel information with the City within 30 calendar days of the occurrence of a personnel change; and (3) All response reports for all activities in Dickinson setting forth all circumstances surrounding the event and applicable patient information and pre-hospital care rendered for the previous calendar year. Sec. 6.5-14. Ambulance vehicle permit. (a) It shall be unlawful for any person to drive or operate any ambulance vehicle upon the public streets, alleys or other public ways of the City unless such vehicle shall have lawfully affixed thereto a valid ambulance permit issued pursuant to the provisions of this Chapter for all vehicles utilized, deployed, housed or stationed in the City. (b) Each applicant for an ambulance vehicle permit shall submit an application therefor annually upon such forms as may be prescribed by the Permit Officer, together with satisfactory proof of compliance with the requisites of Chapter 773 of Texas Health & Safety Code, as amended, and all other applicable state statutes. Sec. 6.5-15. Issuance and renewal. Upon payment of the fee prescribed therefor, and after finding that the applicant has complied with all provisions of this Chapter, the Permit Officer shall be authorized to issue an initial permit and/or renewal permit to the applicant. The Permit Officer shall render a decision on an application for an initial permit and/or renewal within thirty (30) calendar days after receipt of an administratively complete application. Sec. 6.5-16. Fees. The fees for permits required by this Chapter shall be contained in the Master Fee Schedule adopted by the City Council. Such fees must be submitted at the time of application, are non-refundable, and shall not be pro-rated as to time. Sec. 6.5-17. Reporting requirements. (a) The holder of an ambulance service permit shall submit to the Permit Officer, on such forms as may be prescribed for the purpose, a copy of all response reports for all activities in Dickinson setting forth all circumstances surrounding the event and applicable patient information and pre-hospital care rendered within 30 days

following the end of each calendar quarter and within 10 days following a specific request for such information from the Permit Officer. (b) The holder of a ambulance service permit for non-emergency service shall submit to the Permit Officer, on such forms as may be prescribed for the purpose, a report setting forth the fact of the occurrence of any of the following events and fully setting forth all circumstances surrounding the event, such report to be submitted within twenty-four (24) hours following the event:

(1) That a non-emergency transfer became an emergency situation suddenly and without warning.

(2) That a death occurred during the course of a non-emergency

transfer. (3) That a permitted ambulance became involved in a traffic accident.

(c) Each holder of an ambulance service permit shall be subject to operational and medical audits by the City. Sec. 6.5-18. Transfer. The sale, assignment or other transfer of any permit issued pursuant to the provisions of this Chapter is strictly prohibited. No sale, assignment or other transfer of any permit issued pursuant to the provisions of this Chapter shall be valid for any purpose. Sec. 6.5-19. Expiration. Each permit issued pursuant to this Chapter shall expire on January 31 of each calendar year unless sooner revoked or terminated. Sec. 6.5-20. Revocation, suspension or denial. In the event a permittee violates or fails to meet any term or provision of this Chapter, the Permit Officer shall be authorized to revoke, deny, or cause the suspension of a permit. The Permit Officer shall cause to be transcribed a letter of revocation, suspension or denial, whichever shall be the case, that shall be delivered via certified mail, return receipt requested, to the offending permittee, and an additional copy of which shall be sent to the City Administrator.



Sec. 6.5-21. Appeal. If the Permit Officer has revoked, suspended or denied a permit or application for permit, the permittee or applicant shall have the right to appeal to the city council within ten (10) calendar days, which appeal shall be perfected by delivering, in writing, seven (7) copies of same to the City Secretary stating that an appeal from the decision of the Permit Officer is desired and the facts regarding same. The city council will schedule a hearing as soon as practicable after receiving such notice of appeal, grant a hearing thereof, and after the hearing of the appeal, shall within a period of five (5) days, sustain or reverse the decision of the Permit Officer. If no appeal is made of the decision of the Permit Officer within the time provided herein, the decision of the Permit Officer shall be final; otherwise the decision of the city council shall become final.

TAB 11




OTHER

PAGE 1 OF 1


TOPIC : RESOLUTION NUMBER XXX-2008

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AMENDING RESOLUTION NO. 764-2004 AND THE MASTER FEE SCHEDULE OF THE CITY INCLUDE AMBULANCE PERMIT FEES; PROVIDING FOR THE INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE.

BACKGROUND: In the previous agenda item, Council considered an ordinance

establishing revised regulations for the operation of ambulance service within the City. In conjunction with that ordinance, this resolution amends the Master Fee Schedule to include minimal ambulance permit fees to be charged in order to offset City’s expenses for the inspection and tracking of the ambulance service providers who operate within the City limits. These permit fees do not currently exist for the City.

RECOMMENDATION: Staff recommends approval ATTACHMENTS Resolution Number XXX-2008

FUNDING ISSUES Not applicable

Not budgeted but will result in new revenues Amount already budgeted Funds to be transferred from Acct.# - -

SUBMITTING STAFF MEMBER Norman W. Hicks, Director of Fire Services


______________________________________________________________________

__________ CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2008 Page 1

RESOLUTION NUMBER XXX-2008

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, AMENDING RESOLUTION NO. 764-2004 AND THE MASTER FEE SCHEDULE OF THE CITY INCLUDE AMBULANCE PERMIT FEES; PROVIDING FOR THE INCORPORATION OF PREMISES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 28, 2004 by Resolution No. 764-2004, the City of Dickinson (“City”) adopted a Schedule of Fees and Charges Applicable to City Services that is known as the Master Fee Schedule; and WHEREAS, on February 12, 2008, the City Council of the City of Dickinson approved Ordinance Number _____________ providing regulations for the provision of ambulance service within the City of Dickinson, and such regulations allow for the imposition of fees for various permits; and WHEREAS, upon full review and consideration of all matters attendant and related thereto, the City Council is of the opinion that Resolution No. 764-2004 and the Master Fee Schedule should be amended to include various ambulance permit fees to allow the implementation of Ordinance Number _______________. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT: Section 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. The Master Fee Schedule of the City of Dickinson, adopted by Resolution No. 764-2004, is hereby revised to include the following ambulance permit fees: Ambulance Service Permit: $100.00 per permit application plus $50.00 per person to provide service to such applicant. Ambulance Vehicle Permit: $100.00 per ambulance to be operated by the applicant. Section 3. All other fees and charges contained in the current Master Fee Schedule shall remain in effect. Section 4. This Resolution and fees established herein shall become effective immediately upon passage. DULY PASSED AND APPROVED by the City Council of the City of Dickinson, Texas, this the _____ day of ___________________, 2008. ______________________________ Julie Masters, Mayor City of Dickinson, Texas

______________________________________________________________________

__________ CITY OF DICKINSON, TEXAS – RESOLUTION NUMBER XXX-2008 Page 2

ATTEST: ___________________________________ Carol L. McLemore, City Secretary City of Dickinson, Texas APPROVED AS TO FORM AND CONTENT: ___________________________________ Loren B. Smith, City Attorney City of Dickinson, Texas

TAB 12




OTHER

PAGE 1 OF 1

MEETING DATE 02/12/2008

TOPIC Presentation of Annual Traffic Contact Report as it relates to

Senate Bill 1074 (Racial Profiling) for the calendar year 2007 required by Article 2.134 of the Texas Code of Criminal Procedure (TCCP). Discussion only.

BACKGROUND The Dickinson Police Department received its Annual Traffic

Contact Report for the calendar year 2007 from Del Carmen Consulting. This report was generated and being provided to Council as an informational document to satisfy Article 2.134 of the TCCP. The Chief of Police will be available to answer any questions regarding the report.

RECOMMENDATION Information for discussion only.

ATTACHMENTS The document is a lengthy one and is available in the City

Secretary’s office for your review.

FUNDING ISSUES None


SUBMITTING STAFF MEMBER Chief Ron Morales


TAB 13




OTHER

PAGE 1 OF 2


TOPIC Consideration and Possible Action Concerning Policy on

Public Access to City Information Outlets BACKGROUND Over the past year, the City has received numerous requests to

distribute information through various City information outlets. However, other than the Policy on City Website and Links that was adopted a couple of years ago, the City does not have a policy that guides staff’s response when approached with a request. Provided with this agenda item is a draft policy for the Council’s consideration. This policy applies to all current and future information outlets including Dickinson On-Line, Dickinson On the Go Newsletter, countertop information stations, stand-alone information kiosks, bulletin boards, and message boards. Generally, information produced by or on behalf of the City receives first priority use, and information produced by or on behalf of other government agencies with jurisdiction within Dickinson receive second-priority use. Information produced by or on behalf of a city-sponsored community organization or civic event will receive third-priority use. Distribution of information produced by or on behalf of other community organizations or civic events that are not city-sponsored is not permitted. However, the policy allows for the Council to approve access for a non-city sponsored community organization or civic event by resolution. The policy does not allow city information outlets to be used for: for-profit organizations; solicitations for cash or material donations for organizations or programs that are not city-sponsored; or political or ideological messages.

RECOMMENDATION The City Administrator and City Attorney request that Council

discuss the draft policy and, if modifications are desired, provide direction as to the modifications desired. If the policy is acceptable as presented, then approval by the Council.

ATTACHMENTS Draft Policy on Public Access to City Information Outlets

Copy of Policy on City Web Site and Links adopted April 11, 2006




OTHER

PAGE 2 OF 2

FUNDING ISSUES Not applicable Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - -



____________________________________________________________________________________________________________________ Policy on Public Access to City Information Outlets Page 1

Effective Date: _______ Approved: _______

CITY OF DICKINSON

ADMINISTRATIVE POLICIES AND PROCEDURES TOPIC: Public Access to City Information Outlets I. PURPOSE

The City of Dickinson maintains various information outlets for use by the city and affiliated agencies to communicate with members of the general public. These outlets, as defined below, are designed for the specific purpose of providing accurate information of public interest. This policy sets guidelines for use of those information outlets, including guidelines for permitting or denying use of those outlets by entities other than the city government and its representatives.

II. APPLICATION

A. This policy applies to all information outlets funded and/or maintained by the City of Dickinson, including, but not limited to, the following:

1. Dickinson On-Line (www.ci.dickinson.tx.us) official Web site.

2. Countertop information stations in city facilities.

3. Electronic and manual message boards located on city property.

4. Dickinson On the Go resident newsletter and all other printed

materials produced by or on behalf of the city.

5. Bulletin boards located at city facilities.

B. Any new information outlets obtained or implemented by the city shall be operated in compliance with this policy, as determined by the City Administrator.

III. DEFINITIONS

A. City-sponsored refers to events or materials that receive monetary or in-kind support from the City of Dickinson.


B. Community organizations shall be defined as organizations that include Dickinson residents among their membership; promote specific or general charitable, civic or cultural programs within the community; do not discriminate with regard to race, religion, sex, age or physical abilities; and do not exist for the primary purpose of making a profit.

C. Civic events are events that are open to the public; are planned and

conducted by the city or by one or more community organizations as defined by this policy or by Dickinson residents; benefit specific or general charitable, civic or cultural programs; and will either be held in the Dickinson area or are expected to draw significant attendance or participation from Dickinson residents.

D. Campaign season is defined as the span of time starting with the

first day of filing for a specific election and ending on the day of the election or any runoff election that might be required.

E. Political candidate is a person who has filed to become a candidate

for any elected office that will be placed on a ballot for consideration by Dickinson voters.

F. Political and ideological messages are those messages intended to

influence the outcome of an election, whether they be in support of or opposition to a particular candidate or ballot issue; or messages intended to influence any legislation being considered or proposed at the local, state or national level.

IV. GENERAL RULES OF ACCESS

A. Information produced by or on behalf of the City of Dickinson will receive first-priority use of city information outlets at all times.

B. Information produced by or on behalf of other government agencies

whose jurisdiction includes all or part of Dickinson will receive second-priority use of city information outlets.

C. Information produced by or on behalf of a city-sponsored

community organization or civic event, as defined by this policy, will receive third-priority use of city information outlets.

D. Information produced by or on behalf of other community

organizations or civic events, as defined by this policy, that are not city-sponsored cannot be distributed through city information outlets.


E. Any community organization or civic event supported by a resolution of the Dickinson City Council shall be considered eligible under this policy.

F. Materials provided by or on behalf of organizations operating on a

for-profit basis, including those soliciting business or offering discounts for goods or services, cannot be distributed through city information outlets unless their services are being offered through the city under contract as an employee benefit.

G. Materials soliciting cash or material donations in support of an

organization or program other than city-sponsored events cannot be distributed through city information outlets without specific City Council approval.

H. Political or ideological messages are prohibited from access to city

information outlets at all times. Political candidates are prohibited from access to city information outlets during the campaign season connected to the election for which they have filed. Newsletter articles authored by an individual who becomes a political candidate will have a guest author during the relevant campaign season or will be discontinued for the duration of the relevant campaign season.

I. Information submitted for distribution through city information

outlets shall adhere to the format and deadlines established by the controlling office for each specific outlet.

V. OUTLET-SPECIFIC RULES OF ACCESS

A. Dickinson On-Line. The City of Dickinson official Web site (www.ci.dickinson.tx.us) is designed to provide residents with 24-hour access to government departments, services and programs. Only information that is produced by or on behalf of the City of Dickinson can be displayed on the official Web site. Hyperlinks from Dickinson On-Line to outside Internet sites and web hosting are governed by the City of Dickinson’s Policy on City Web Site and Links approved on April 11, 2006.

B. Countertop Information Stations. Public areas at some city

facilities are used to display information about city or city-sponsored events and programs, as defined in this policy. All materials must be approved by the department or division director in whose area the display is located, and one copy of each material shall be sent to the City Administrator for review.


C. Message Boards. Electronic or manual messages boards located on city property will be used to deliver brief and timely messages to the general public. Content is limited to city or city-sponsored events, and must be approved in advance by the City Administrator’s Office.

D. Printed Materials. Printed materials produced by or on behalf of

the city are intended to convey information about city and city-sponsored events or programs. Selection of content for the Dickinson On the Go resident newsletter is at the sole discretion of the City Administrator’s Office. Selection of content for all other printed materials is at the discretion of the department or division director that will distribute the materials, although the City Administrator will be available to assist in that assessment.

E. Bulletin Boards. Bulletin boards at city facilities are for the specific

use of the department or division that installed and maintains the individual bulletin board. Bulletin boards maintained by the City Secretary’s Office are to be used exclusively for official notices of the city. Content of all other bulletin boards must pertain to city business or activities and be approved by the director of the department or division that maintains the individual bulletin board. The City Secretary’s Office will maintain a list of bulletin boards assigned to each department or division.

VI. ADVERTISING AND SPONSORSHIPS

A. Printed Materials. Sponsors of official City publications may be recognized with a printed acknowledgement according to standards established by the City Administrator’s Office or the department producing the material. Advertising is not permitted in the Dickinson On the Go resident newsletter.

VII. PUBLIC ACCESS TO MATERIALS

A. Printed Materials. Printed materials can be requested through the City Administrator’s Office and will be provided free of charge if such are available.

VII. APPEALS

Decisions made under this policy involving rejection of content for use in city information outlets may be appealed to the City Administrator, whose decision will be final.


VIII. DISCLAIMER

The city reserves the right to change, modify, amend, revoke or rescind all or part of this policy at any time.

TAB 14




OTHER

PAGE 1 OF 2


TOPIC Consideration and Possible Action Concerning Policy for

Use of Municipal Meeting Rooms BACKGROUND During the discussion at the January 8 City Council meeting

concerning the Joint Use Agreement with the Dickinson Volunteer Fire Department, I advised the Council that I would be bringing forward a policy for the use of municipal facilities. Since the City now has several different buildings with rooms that could potentially be used by the public for a variety of different purposes, the recommendation from the City Attorney was to draft a policy to guide the use of the different facilities. While municipal facilities are public facilities, the City is authorized to impose reasonable time, place and manner restrictions on the use of the facilities by the public. In fact, that City should do so to minimize potential exposure to situations in which an undesirable organization may request use of municipal facilities. Provided with this agenda item is a draft policy for the Council’s consideration. There are several parts of the draft policy that have been highlighted in order to direct Council’s attention to issues that should be discussed: • Who should be allowed to reserve and use municipal meeting

rooms? • How should the City address requests that may come from

organizations that could be disruptive to the community? • What hours should municipal meeting rooms be available for

use? • If reservations are allowed outside of regular business hours,

what fees should be charged?

RECOMMENDATION The City Administrator and City Attorney request that Council

discuss the draft policy and, if modifications are desired, provide direction as to the modifications desired. If the policy is acceptable as presented, then approval by the Council.

ATTACHMENTS Draft Policy for Use of Municipal Meeting Rooms




OTHER

PAGE 2 OF 2

FUNDING ISSUES Not applicable Not budgeted Full Amount already budgeted. Funds to be transferred from Acct.# - -



______________________________________________________________________ POLICY ON USE OF MUNICIPAL MEETING ROOMS Page 1

Effective Date: _________ Approved: _________

CITY OF DICKINSON

ADMINISTRATIVE POLICIES AND PROCEDURES TOPIC: USE OF MUNICIPAL MEETING ROOMS

With the exception of the Historic Railroad Depot and Museum, municipal facilities are primarily for official City of Dickinson business and Dickinson residents. Due to limited space, rooms may only be reserved by a Dickinson resident or Dickinson-based non-profit organizations. Reservations are limited to the dates and times when there is no regularly scheduled City-related business for those rooms. Meeting Rooms may not be used for commercial or social purposes (ie., for-profit businesses, birthday or retirement parties, etc.). The only municipal facilities that are available for use are the two City Hall Conference Rooms, the City Council Chambers, and the Training Room at Central Fire Station Number 1 (individually and collectively referred to as “Meeting Room”). Use of other municipal facilities is not permitted. The following policies and regulations apply to persons and organizations, through their duly authorized representatives, that wish to reserve one of the Available Meeting Rooms.

AVAILABLE MEETING ROOMS

Reservations are limited to the following meeting rooms:

Council Chamber: All requests for reservations shall be made through the City Secretary’s office at (281) 337-6217 or sent in writing to: City Secretary, 2617 FM 517 East, Dickinson, Texas 77539. City Hall Conference Room No. 1: All requests for reservations shall be made through the City Secretary’s office at (281) 337-6217 or sent in writing to: City Secretary, 2617 FM 517 East, Dickinson, Texas 77539. City Hall Conference Room No. 2: All requests for reservations shall be made through the City Secretary’s office at (281) 337-6217 or sent in writing to: City Secretary, 2617 FM 517 East, Dickinson, Texas 77539. Training Room at Central Fire Station Number 1: All requests for reservations shall be made through the City Secretary’s office at (281) 337-6217 or sent in writing to: City Secretary, 2617 FM 517 East, Dickinson, Texas 77539. Training Room at Police Station: All requests for reservations shall be made through the ___________ at (281) 337-4000 or sent in writing to: _______________, 4000 Liggio Street, Dickinson, Texas 77539.


All requests shall be confirmed no later than ten (10) days prior to the date for the reservation along with the appropriate deposit. Meetings conducted by the City Council of the City of Dickinson and City of Dickinson boards, commissions, committees and City staff shall have first preference for any meeting room and shall not be subjected to this policy.

REGULATIONS

1. The City shall have first priority on all meeting rooms and may cancel any reservation for any meeting room by giving notice 48 hours prior to the event if the City determines that it must use the facility for a function directly related to the operation of the City. In the event that the City cancels a room reservation, the City will make a reasonable effort to relocate the canceled meeting to another City facility.

The City may also cancel a reservation with less than 48 hours notice under such

circumstances as an emergency called meeting of the governing body, public safety or other circumstances requiring immediate aid or attention.

2. No political or religious meetings shall be held in any Meeting Room. 3. Inaccurate or untruthful statements made by a licensee in the rental application

or violation(s) of any rules or regulations for the use of a Meeting Room may result in permanent cancellation of the person’s or organization’s rental privileges.

4. Payment for all charges must be received at least one week prior to the

date of facility use. A failure to remit the same within this time frame will result in cancellation of the reservation. Deposits are refundable only when the City cancels an event or reservation.

5. Persons and organizations are limited to reservations of no more than one per

calendar month by any individual or organization, whether the reservation is made individually or in combination with another user. Reservations may not be made more than 90 days in advance of the requested date.

6. No admission or other fee may be charged by the licensee, whether directly or

indirectly, in connection with the use of the room other than charges to an organization’s members to cover the actual rental expenses. The sale of any merchandise such as, but not limited to, books, tapes, CDs, etc. is prohibited.

7. The City will not alter or modify Meeting Rooms for a rental. The Meeting Room

must be returned to its original setup upon completion of your event.


8. The licensee is directly responsible for supervising the activities during the rental

of the Meeting Room and will be responsible for any loss or damages to City property caused by the person, organization or its invitees.

9. The use of tobacco products or alcoholic beverages is strictly prohibited in any

Meeting Room or on City property. 10. The licensee and its invitees shall comply with all other applicable laws and

regulations. 11. The licensee agrees it will not engage in any unlawful discrimination in its use of

a Meeting Room.

HOURS

Reservations for Meeting Rooms are available during the following times:

Monday – Thursday ……………..7:30 a.m. – 8:00 p.m. Friday………………………………7:30 a.m. – 5:00 p.m.

FEES

Council Chambers, City Hall Conference Room Number 1, and City Hall Conference Room Number 2 Meeting Room reservations that begin or conclude outside regular business hours (Monday-Thursday 7:30 a.m. to 5:30 p.m. and Friday 7:30 a.m. to 12:00 p.m. Noon) will be charged the following fees:

• Security Fee: $35 per hour • Room Use Fee: $20 per room

However, Meeting Room reservations that conclude outside regular business hours but on days on which a City Council or Council appointed board, committee, or commission meeting is scheduled will not be charged such fees. The use of such Meeting Room must be concluded prior to the start of any scheduled City Council or Council appointed board, committee, or commission meeting. Training Room at Central Fire Station Number 1 Meeting Room reservations for the Training Room at Central Fire Station Number 1 will be charged the following fees:

• Security Fee: $35 per hour • Room Use Fee: $20 room fee


Training Room at Police Station There is no charge for Meeting Room reservations for the Training Room at the Police Station.

TAB 15

ITEM 15 NOTES:________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

TAB 16

EXECUTIVE SESSION

RECESS TIME:______________________

TAB 17

RECONVENE

TIME:___________________________

TAB 18

ADJOURN TIME:_______________________________ MOTION:____________________________ SECOND:____________________________ VOTE_______________________________

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