HomeMy WebLinkAbout11/21/2011 - Workshop Agenda Packet - City CouncilTable of Contents
Agenda 2
Workshop No. 2 - Wolf Pen Creek Festival Area Project
Coversheet revised 5
Workshop No. 3 - Local Preference
Coversheet revised 6
Minutes 7
Local Govt Code 271.905 8
Local Govt Code 271.9051 9
Workshop No. 4 - 2012 Benefits Approval Process & Timeline
Coversheet revised 11
Workshop No. 5 - Council Attendance Policy
Coversheet revised 12
Council Policy 13
1
November 21, 2011
Workshop Agenda Item No. 2
Wolf Pen Creek Festival Area Project
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director Business Services
Agenda Caption: Presentation, possible action, and discussion regarding the Wolf Pen
Creek Water Festival Area Project.
Relationship to Strategic Goals: Goal III, Diverse Growing Economy.
Recommendation(s): Staff recommends proceeding with the bidding and construction of
a project that includes only the festival area in Wolf Pen Creek Park.
Summary: On November 10, 2011, City Council rejected proposals for the construction of
a water feature and festival area at Wolf Pen Creek. Staff will present some options for
improvements in Wolf Pen Creek Park, and is seeking direction on the project.
Budget & Financial Summary: There is $1,338,214 in funds available for the festival area
project. Staff will provide an update on the sources of funds available for this proposed
project.
Attachments: None
5
November 21, 2011
Workshop Agenda Item No. 3
Local Preference
To: David Neeley, City Manager
From: Jeff Kersten, Executive Director of Business Services
Agenda Caption: Presentation and discussion regarding local preference policy in
bid/contract awards in accordance with Local Government Code 271.905 and 271.9051.
Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently
Recommendation(s): Staff recommends continuing to present all local preference award
opportunities to Council to be considered on a case by case basis.
Summary: Local Government Code (LGC) 271.905 allows the City to give preference to a
bidder whose principal place of business is in the municipality and whose bids is within 3%
of the lowest bid price. However, the Council must first determine in writing that the local
bidder offers the best combination of contract price and additional economic development
opportunities for the City created by the contract award. LGC 271.9051 allows the City to
give a 5% local preference under the same terms and conditions for construction contracts
less than $100,000 and for other purchases/contracts less than $500,000.
Staff made a similar presentation to City Council in May 2006 at which time the direction
from the Council at that time was to present all local preference award opportunities to
Council and the Council would consider them on a case-by-case basis.
Budget & Financial Summary: The financial impact for implementing a local preference
policy will vary depending on the direction received from Council
Attachments:
1. Minutes from May 25, 2006 Workshop Item of Local Preference
2. Local Government Code 271.905
3. Local Government Code 271.9051
6
Minutes from May 25, 2006 Council Workshop
Workshop Agenda Item No. 3 -- Presentation, possible action, and discussion
regarding giving a local preference in bid/contract awards in accordance with Local
Government Code 271.0951.
Purchasing Manager Cheryl Turney reminded the City Council of the statutory provisions
governing the award of bids, exceptions, statutory requirements, definitions, and
advantages and disadvantages. The local impact for implementing a local preference
policy would vary depending on the guidelines established by the City Council. Ms.
Turney proposed the following recommendations:
Ø Apply to all local business
Ø Apply to all goods and services that is competitively bid by City staff
Ø Exclude construction contracts
Ø Incorporate local preference language in fiscal policies found in the budget and
Purchasing Manual
Mayor Pro Tem Happ left the workshop meeting at 2:52 p.m.
City Council directed staff to bring forward any local preference bids on a case by case
basis, if an award might be economic benefit to the City.
7
Sec. 271.905. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL
PLACE OF BUSINESS. (a) In this section, "local government" means a
municipality with a population of 200,000 or less, a county with a
population of 400,000 or less, or another political subdivision
authorized under this title to purchase real property or personal
property that is not affixed to real property. The term does not
include a school district.
(b) In purchasing under this title any real property or
personal property that is not affixed to real property, if a local
government receives one or more bids from a bidder whose principal
place of business is in the local government and whose bid is within
three percent of the lowest bid price received by the local
government from a bidder who is not a resident of the local
government, the local government may enter into a contract with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is in the
local government if the governing body of the local government
determines, in writing, that the local bidder offers the local
government the best combination of contract price and additional
economic development opportunities for the local government created
by the contract award, including the employment of residents of the
local government and increased tax revenues to the local government.
(c) This section does not prohibit a local government from
rejecting all bids.
Added by Acts 1999, 76th Leg., ch. 996, Sec. 1, eff. Aug. 30, 1999.
Amended by Acts 2001, 77th Leg., ch. 480, Sec. 1, eff. Sept. 1, 2001.
8
Sec. 271.9051. CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL
PLACE OF BUSINESS IN CERTAIN MUNICIPALITIES. (a) This section
applies only to a municipality with a population of less than 250,000
that is authorized under this title to purchase real property or
personal property that is not affixed to real property.
(b) In purchasing under this title any real property, personal
property that is not affixed to real property, or services, if a
municipality receives one or more competitive sealed bids from a
bidder whose principal place of business is in the municipality and
whose bid is within five percent of the lowest bid price received by
the municipality from a bidder who is not a resident of the
municipality, the municipality may enter into a contract for an
expenditure of less than $100,000 with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is in the
municipality if the governing body of the municipality determines, in
writing, that the local bidder offers the municipality the best
combination of contract price and additional economic development
opportunities for the municipality created by the contract award,
including the employment of residents of the municipality and
increased tax revenues to the municipality.
(c) This section does not prohibit a municipality from
rejecting all bids.
(d) This section does not apply to the purchase of
telecommunications services or information services, as those terms
are defined by 47 U.S.C. Section 153.
Added by Acts 2005, 79th Leg., Ch. 1205, Sec. 1, eff. September 1,
2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 660, Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1266, Sec. 9, eff. June 19,
2009.
9
HOUSE BILL 628
EFFECTIVE SEPTEMBER 1, 2011
SECTION 2.12. Section 271.9051(b), Local Government Code, is amended to read as follows:
(b) In purchasing under this title any real property, personal property that is not affixed to real property,
or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of
business is in the municipality and whose bid is within five percent of the lowest bid price received by the
municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract
for construction services in an amount [an expenditure] of less than $100,000 or a contract for other purchases
in an amount of less than $500,000 with:
(1) the lowest bidder; or
(2) the bidder whose principal place of business is in the municipality if the governing body of
the municipality determines, in writing, that the local bidder offers the municipality the best combination of
contract price and additional economic development opportunities for the municipality created by the contract
award, including the employment of residents of the municipality and increased tax revenues to the
municipality.
10
November 21, 2011
Workshop Agenda Item No. 4
2012 Timeline & Process for Benefits Approvals
To: David Neeley, City Manager
From: Alison Pond, Human Resources Director
Agenda Caption: Presentation, possible action, and discussion on the general
timeline regarding employee benefits and required approvals by council for the
Calendar Year 2012.
Relationship to Strategic Goals: Goal I.1. Spending taxpayer money efficiently
Recommendation(s): Staff recommends receipt of this presentation
Summary: The City’s health plan is self-funded and the council will have several
different elements to approve in related to employee benefits for calendar year 2012.
The presentation will provide an overview of the timeline and general information
related to the process in preparation for a more-detailed presentation which includes
the projection of expenditures for FY2012. An item related to Administrative Fees for
BC/BS Contract is on the Consent Agenda Item to request approval.
Budget and Financial Summary: Funds are available in the employee benefits
fund.
Attachments: None.
11
November 21, 2011
City Council Workshop Item No. 5
Council Attendance Policy
To: David Neeley, City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion of a policy for Council
attendance at boards and committees.
Summary: At the October 27 meeting, Councilmember Lyles asked about having a policy for
Council attendance at boards and committees. Staff has prepared draft language to be considered
for inclusion in the existing Council Relations Policy and Code of Ethics.
Attachments:
· Council Relations Policy and Code of Ethics, with draft language in Section 1 (B)(8).
12
Council Relations Policy and Code of Ethics
The College Station City Council is the governing body for the City of College Station;
therefore, it must bear the initial responsibility for the integrity of governance. The council is
responsible for its own development (both as a body and as individuals), its responsibilities, its
own discipline, and its own performance. The development of this policy is designed to ensure
effective and efficient governance.
This policy will address mayor and council relations, council and staff relations, and council and
media relations. By adopting these guidelines for elected officials, we acknowledge our
responsibility to each other, to our professional staff, and to the public. The city council will
govern the city in a manner associated with a commitment to the preservation of the values and
integrity of representative local government and democracy, and a dedication to the promotion of
efficient and effective governing. The following statements will serve as a guide and
acknowledge the commitment being made in this service to the community:
1. The council has as high priorities the continual improvement of the member’s
professional ability and the promotion of an atmosphere conducive to the fair exchange
of ideas and policies among members.
2. The council will endeavor to keep the community informed on municipal affairs;
encourage communication between the citizens and the city council; strive for strong,
working relationships among College Station, Brazos County, Bryan, TAMU, and
College Station Independent School District elected officials.
3. In its governance role, the council will continue to be dedicated to friendly and courteous
relationships with staff, other council members, and the public, and seek to improve the
quality and image of public service.
4. The council will also strive to recognize its responsibility to future generations by
addressing the interrelatedness of the social, cultural, and physical characteristics of the
community when making policies.
5. And finally, each council member will make a commitment to improve the quality of life
for the individual and the community, and to be dedicated to the faithful stewardship of
the public trust.
13
2011 Revised Council Policy Page 2
Statement of Mission
In order to ensure proper discharge of duties for the improvement of democratic local
government, College Station City Council members should display behavior that demonstrates
independent, impartial review of all matters addressed by them, and be duly responsible to the
citizens of College Station and to each other in their relationships.
Section I: Mayor-City Council Relations
A. Mayor’s Responsibilities
1. The mayor shall be the presiding officer at all meetings. The mayor pro-tem shall
preside in his/her absence.
2. The mayor shall have a voice in all matters before the council and may vote on all
agenda items requiring council action.
3. The mayor shall preserve order and decorum and shall require council members
engaged in debate to limit discussion to the question under consideration.
4. The mayor is the spokesperson for the council on all matters unless absent, at
which time his/her designee will assume the role.
5. The mayor will encourage all council members to participate in council
discussion and give each member an opportunity to speak before any member can
speak again on the same subject. The mayor may limit each speaker to five
minutes to ensure efficient use of time.
6. The mayor is responsible for keeping the meetings orderly by recognizing each
member for discussion, limiting speaking time, encouraging debate among
members and keeping discussion on the agenda item being considered.
7. Should a conflict arise among council members, the mayor serves as mediator.
8. The mayor is responsible for the orientation of all new council members after an
election. The orientation shall include council procedures, staff and media
relations, current agenda items and municipal leadership training programs.
B. Council Responsibilities
1. Any council member may request the mayor to place an item on the agenda for
discussion. Should staff time be required to address this item, the mayor will
canvass all council members to determine the support for commitment of staff
time and resources. The same action should be taken by the mayor when council
concerns require staff time and budget.
2. Each council member is encouraged to attend at least one Texas Municipal
League sponsored conference each year in order to stay informed on issues facing
municipalities.
14
2011 Revised Council Policy Page 3
3. It is the responsibility of council members to be informed about previous action
taken by the council in their absence. In the case of absence from a workshop
session where information is given, the individual council member is responsible
for obtaining this information prior to the council meeting when said item is to be
voted upon.
4. When addressing an agenda item, the council member shall first be recognized by
the mayor, confine himself/herself to the question under debate, avoid reference
to personalities, and refrain from impugning the integrity or motives of any other
council member or staff member in his/her argument or vote.
5. In the absence of a ruling by the mayor on any procedural matter, a council
member may move to change the order of business or make any other procedural
decision deemed appropriate. The affirmative vote of a majority of the council
members present and voting shall be necessary to approve the motion.
6. Any council member may appeal to the council as a whole from a ruling by the
mayor. If the appeal is seconded, the person making the appeal may make a brief
statement and the mayor may explain his/her position, but no other member may
speak on the motion. The mayor will then put the ruling to a vote of the council.
7. Any council member may ask the mayor to enforce the rules established by the
council. Should the mayor fail to do so, a majority vote of the council members
present shall require him/her to do so.
8. When a council member is appointed to serve as liaison to a board, the council
member is responsible for keeping all council members informed of significant
board activities; therefore, regular attendance to the assigned board is of great
importance. In the event a council member is absent from three meetings in a
twelve month period that are considered unexcused, the City Secretary shall
notify the council member by letter requesting an explanation for the absences
After reviewing the explanation for absences, if the City Council finds that the
absences are unexcused, the City Council may choose to remove the council
member from the assigned board for non-attendance at the board meetings.
C. Code of Conduct for Mayor and Council Members
1. During the council meetings, council members shall preserve order and decorum,
shall not interrupt or delay proceedings, and shall not refuse to obey the orders of
the mayor or the rules of the council. Council members shall demonstrate respect
and courtesy to each other, to city staff members, and to members of the public
appearing before the council. Council members shall refrain from rude and
derogatory remarks and shall not belittle staff members, other council members,
or members of the public.
2. They should not use their position to secure special privileges and should avoid
situations that could cause any person to believe that they may have brought bias
or partiality to a question before the council.
15
2011 Revised Council Policy Page 4
3. Members of the council will not condone any unethical or illegal activity. All
members of the council agree to uphold the intent of this policy and to govern
their actions accordingly.
Section II: Council and Staff Relations
No single relationship is as important as that of the council and their city manager in effectively
governing the City of College Station. It is for this reason that the council and the city manager
must understand their respective roles in that process. The city manager is the primary link
between the council and the professional staff. The council’s relationship with the staff shall be
through the city manager.
1. In order to ensure proper presentation of agenda items by staff, questions arising from
council members after receiving their information packet should be whenever
possible, presented to the city manager for staff consideration prior to the council
meeting. This allows staff time to address the council member’s concern and provide
all council members with the additional information.
2. The city manager shall designate the appropriate staff member to address each agenda
item and shall see that each presentation is prepared and presented in order to inform
and educate the council on the issues which require council action. The presentation
should be professional, timely, and allow for discussion of options for resolving the
issue. The staff member making the presentation shall either make it clear that no
Council action is required, present the staff recommendation, or present the specific
options for council consideration.
3. The city manager is directly responsible for providing information to all the council
concerning any inquiries by a specific council member. If the city manager or his/her
staff’s time is being dominated or misdirected by a council member, it is his/her
responsibility to inform the mayor of the concern (any action necessary is covered
under Section I A:7).
4. The city manager will be held responsible for the professional and ethical behavior of
himself/herself and the discipline of his/her staff. The city manager is also responsible
for seeing that his/her staff also receives the education and information necessary to
address the issues facing municipal government.
5. Any conflicts arising between the city staff and the council will be addressed by the
mayor and the city manager.
6. All staff members shall show each other, each council member, and the public respect
and courtesy at all times. They are also responsible for making objective, professional
presentations to ensure public confidence in the process.
7. The city manager, after an election, will make sure that staff has prepared information
needed for the orientation of new council members and inform them of any Texas
16
2011 Revised Council Policy Page 5
Municipal League conferences and seminars available. The city manager will also be
responsible for meeting personally with new members and informing them about city
facilities and procedures.
Section III: Council and Media Relations
Since the democratic form of government is only successful when the citizens are kept informed
and educated about the issues facing their municipality, it is imperative the media play an
important role in the council-manager-media relations. It is through an informed public that
progress is ensured and good government remains sensitive to its constituents. These guidelines
are designed to help ensure fair relationships with print, radio, and television reporters. The
council and the city manager recognize that the news media provide an important link between
the council and the public. It is the council’s desire to establish a professional working
relationship to help maintain a well informed and educated citizenry.
1. During the conduct of official business, the news media shall occupy places
designated for them or the general public.
2. All reporters will receive an agenda in advance and will be furnished support material
needed for clarification if requested.
3. In order to preserve the decorum and professionalism of council meetings, the media
are requested to refrain from conversing privately with other people in the audience
and to conduct any interviews with the public outside the council chambers while
council is in session.
4. Since the government body conducts business differently, it is requested that all
reporters new to city council meetings meet with the city manager, mayor, or the
media relations representative prior to covering their first meeting to be informed of
policies and procedures to help ensure a professional working relationship between
the media reporter and the city.
5. On administrative matters, the city manager is the spokesperson, unless he/she has
appointed a media relations person to present staff information on the agenda.
6. The mayor, or his/her designee, is the primary spokesperson for the city on matters
regarding policy decisions or any council information pertaining to issues on the
agenda. In order to ensure fair treatment of an issue, any clarifications requested by
the media on the issue should be addressed after the meeting. When opposing
positions have been debated, regardless of the outcome, the public is better informed
when all sides have adequate coverage by the media. This lets the public know that
the item was seriously debated and options discussed before a vote was taken, and
helps build confidence in the democratic process.
7. The College Station City Council is made up of six council members and a mayor,
each elected by the citizens of College Station. In respect to each council member and
his/her constituents, his/her views as presented on an issue before the council should
17
2011 Revised Council Policy Page 6
provide equitable representation from all seven members. Even though council
members may express differing ideas, equitable representation helps promote unity of
purpose by allowing the public to be informed of each member’s position during
his/her term of office and not only during an election campaign.
We all have the responsibility to protect the integrity of our governing process and therefore,
have read and agreed to the above guidelines.
18
2011 Revised Council Policy Page 7
College Station City Council Code of Ethics
The office of elected officials is one of trust and service to the citizens of College Station. This
position creates a special responsibility for the College Station city council member. In response
to this, the College Station city council is expected to govern this city in a manner associated
with a commitment to the preservation of the values and integrity of representative local
government and local democracy and a dedication to the promotion of efficient and effective
governing. To further these objectives, certain ethical principles shall govern the conduct of
every council member, who shall:
1. Be dedicated to the highest ideals of honor and integrity in all public and personal
relationships in order that the member may merit the respect and confidence of the
citizens of College Station;
2. Recognize that the chief function of local government at all times is to serve the best
interests of all of the people;
3. Be dedicated to public service by being cooperative and constructive, and by making
the best and most efficient use of available resources;
4. Refrain from any activity or action that may hinder one’s ability to be objective and
impartial on any matter coming before the council. Do not seek nor accept gifts or
special favors; believe that personal gain by use of confidential information or by
misuse of public funds or time is dishonest;
5. Recognize that public and political policy decisions, based on established values, are
ultimately the responsibility of the city council, and
6. Conduct business in open, well-publicized meetings in order to be directly
accountable to the citizens of College Station. It is recognized that certain exceptions
are made by the State for executive sessions; however, any action as a result of that
type of meeting will be handled later in open session.
19