March 14, 2017 City Council Regular Meeting 7:00 Pm

March 14, 2017 City Council Regular Meeting 7:00 p.m.

ITEM 1

City Council Meeting

CALL TO ORDER

Invocation

Given by:______

Pledge of Allegiance

Given by:______

Roll Call CITY OF DICKINSON, TEXAS CITY COUNCIL MEETING ATTENDANCE LIST

MEETING DATE: March 14, 2017 Regular Meeting

MAYOR/COUNCIL PRESENT ABSENT

MAYOR JULIE MASTERS ______

POS. 1: COUNCILMEMBER CHARLES SUDERMAN ______

POS. 2: COUNCILMEMBER BRUCE HENDERSON ______

POS. 3: COUNCILMEMBER WALTER WILSON ______

POS. 4: COUNCILMEMBER WALLY DEATS ______

POS. 5: COUNCILMEMBER LOUIS DECKER ______

POS. 6: COUNCILMEMBER WILLIAM KING ______

ALSO IN ATTENDANCE: CITY ATTORNEY David W. Olson ______CITY ADMINISTRATOR Julie M. Robinson ______City Secretary Alun W. Thomas ______Management Assistant Bryan Milward ______Chief Financial Officer Stephanie Russell ______Director of Community Dev. Zachary Meadows ______Public Works Director Paul Booth ______Fire Marshal Lee Darrow ______Police Chief Ron Morales ______EMS Director Derek Hunt ______Court Administrator Irma Rivera ______Library Director Lindsay Henson ______ITEM 2

PROCLAMATIONS AND ANNOUNCEMENTS

NOTES:______ITEM 3

PUBLIC COMMENTS

NOTES:______ITEM 4

CONSENT AGENDA

ITEM 4A

Julie Masters, Mayor MINUTES Wally Deats, Mayor Pro Tem Charles Suderman City of Dickinson Louis Decker Bruce Henderson CITY COUNCIL William H. King III Walter Wilson Julie M. Robinson, City SPECIAL WORKSHOP Administrator MEETING

February 28, 2017

NOTICE is hereby given of a SPECIAL WORKSHOP MEETING of the City Council for the City of Dickinson, County of Galveston, State of Texas, to be held on TUESDAY, February 28, 2017, at 6:00 p.m. at: 4403 Highway 3, 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

Mayor Masters called the meeting to order at 6:01 p.m. City Secretary Alun Thomas called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro-Tem Wally Deats, and Council Members Charles Suderman, Bruce Henderson, Walter Wilson, Louis Decker and William H. King, III. Also present were City Administrator Julie Robinson, Management Assistant Bryan Milward, Director of Community Development Zachary Meadows, and Director of Public Works Paul Booth.

ITEM 2.) PRESENTATION, DISCUSSION AND DIRECTION CONCERNING: Proposed Implementation Of Electronic Content Management System.

City Secretary Alun Thomas presented the proposal to Council, described what an Electronic Content Management (ECM) System is, and highlighted the benefits of implementing an ECM system. Management Assistant Bryan Milward discussed the one-time and the recurring costs associated with the proposal and outlined a proposed implementation schedule. It was the recommendation of Mr. Thomas and Mr. Milward that Council approve the acquisition and implementation of an ECM system for the City and that the system be adopted across all City departments in phases, with Mr. Thomas and Mr. Milward overseeing and coordinating the effort.

Council discussion and questions included:  The choice of ECM software. With a large number of ECM software solutions available, Council asked how OnBase and Laserfiche were chosen as finalists. Mr. Milward and Mr. Thomas advised Council that both OnBase and Laserfiche are respected industry leaders in the field, and they both offered solutions with the requisite security levels to host sensitive documents. Some other providers were not certified to host HIPPA-sensitive data or law enforcement records and were therefore disqualified from consideration.

______February 28, 2017 City Council Workshop Meeting Minutes Page 1 of 2

 Where the records would be housed, and if the City had enough available space on its servers. Mr. Thomas advised Council that the records would be housed primarily on City-owned servers, with backups on both City-owned servers and off-site. After previous discussions with the City’s Information Technology contractor, it is believed that the City’s current servers would be sufficient to host the software for the foreseeable future, with the possibility that the storage space may need to be increased at some point, at an estimated cost of $3,000.  If Council approved staff’s recommendation to implement Laserfiche as the City’s ECM system, how updates would be handled and at what cost. Mr. Milward informed Council that part of the recurring costs of the system, as presented to Council in the Council Packet, allows for the automatic update of the software when such updates become available, so there would not be additional charges for updating the software. There would be a cost associated with upgrading to a new generation of the software, which is not currently planned, but such an upgrade would cost the City less than it would cost a new customer.  The need for an acceptance test clause in the contract. Staff will carefully review the contract to ensure that an acceptance test is part of the agreement.

After discussion, Council approved staff’s recommendation and directed that staff proceed with acquiring an ECM System from Laserfiche.

ITEM 3.) ADJOURN

Council Member Wilson made a motion to adjourn the meeting at 6:39 p.m., and Council Member King seconded the motion.

VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker and King) 0 NAYS MOTION PASSED

PASSED, APPROVED AND ADOPTED this the 14th day of March, 2017.

______Julie Masters, Mayor ATTEST:

______Alun W. Thomas, City Secretary

______February 28, 2017 City Council Workshop Meeting Minutes Page 2 of 2 ITEM 4B

February 28, 2017

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 28, 2017, at 7:00 p.m. at: 4403 Highway 3, 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.

Mayor Masters called the meeting to order at 7:04 p.m. City Secretary Alun Thomas called roll and certified a quorum. Council Members present were as follows: Mayor Julie Masters, Mayor Pro-Tem Wally Deats, and Council Members Charles Suderman, Bruce Henderson, Walter Wilson, Louis Decker and William H. King, III. Also present were City Administrator Julie Robinson, Management Assistant Bryan Milward, Director of Community Development Zachary Meadows, Director of Public Works Paul Booth, Fire Marshal Lee Darrow, and Police Chief Ron Morales. Council Member Suderman gave the invocation, and Council Member Deats led the Pledge of Allegiance.

ITEM 2.) PROCLAMATIONS AND COUNCIL COMMENTS: A. Introduction of New Fair Housing Work Group Members

City Administrator Julie Robinson introduced Robert Cobb, Assistant Superintendent for Administration for Dickinson Independent School District, and Council welcomed him.

Council Comments:  Welcome and thank you to all attending.  President Trump will address Congress tonight.  Tonight is the last day of Black History Month. The month has included celebrating the lives of many great people, including Frederick Douglass, an abolitionist who stood for what was right and worked to improve the lives and status of so many.  Rodeo season is upon us, and we hope for a safe trail ride.  Spring Break is coming up, which will bring with it an increase in the number of vehicles and pedestrians. Please take care when travelling.

______February 28, 2017 Regular Council Meeting Minutes Page 1 of 11  Thank you to Management Assistant Bryan Milward for a good job arranging and hosting this year’s Homebuyer Expo, the City’s annual Fair Housing event. The event was a great success.  Thank you to Robert Cobb, who was recently appointed to serve on the City’s Fair Housing Work Group, for his willingness to serve the community and for attending this meeting to be introduced to Council.  Condolences to the Rhodes family on the recent passing away of Jackie Rhodes Sr.  Condolences to the family of Charles O’Brien Taylor, who died last weekend.  An election will be held on May 6, 2017, and everyone is encouraged to stay informed about it.  The entertainment lineup for this year’s Red, White & Bayou Crawfish and Texas Music Festival has been announced. The Festival will take place on Saturday, May 20, 2017, with Reckless Kelly headlining the event.  Trash Bash will be held on Saturday, March 25, 2017. Volunteers are encouraged to come to the Dickinson Boat Ramp to assist with clearing trash and debris from Dickinson Bayou and the ditches.  The City is co-hosting a Household Hazardous Waste collection and disposal event at Gulf Greyhound Park in La Marque on Saturday, April 8, 2017 from 9:00 a.m. through 2:00 p.m. The event is free and open to all residents of Galveston County, with all residents encouraged to bring any unneeded hazardous waste to the event for responsible disposal.  The Knights of Columbus hosted a well-attended Fish Fry on Friday, and will host six more, every Friday from March 3 through April 7. The Fish Fry takes place at the Knights of Columbus hall, located at 27th Street and FM 1266.  Anyone interested in volunteering for the Festival of Lights this year is encouraged to attend a meeting on Saturday, March 3, 2017 at 8:00 a.m. at the Shrine of the True Cross’ school building.

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.

Ray Morris, of Dickinson Texas Art Guild – Mr. Morris will attend the March 28, 2017 City Council meeting to discuss the Dickinson Texas Art Guild.

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.

______February 28, 2017 Regular Council Meeting Minutes Page 2 of 11

Council Member Deats asked that Item 4B be removed from the Consent Agenda and discussed after the Consent Agenda, and there were no objections.

A. Approval of the Minutes of the Council Workshop Meeting of February 14, 2017.

C. Resolution Number XXX-2017 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING A SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DICKINSON, TEXAS, AND 2800 GULF FREEWAY, LTD, McREE FORD, INC., AND BAY AREA AUTO & TRUCK RENTAL, INC.; AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE.

D. Resolution Number XXX-2017 – 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.

E. Resolution Number XXX-2017 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING AN AMENDMENT TO THE BYLAWS OF BAYOU ANIMAL SERVICES CORPORATION; AUTHORIZING THE CITY SECRETARY TO EXECUTE THE AMENDMENT; PROVIDING FOR INCORPORATION OF PREAMBLE; AND PROVIDING AN EFFECTIVE DATE.

F. Resolution Number XXX-2017 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS APPOINTING PRIMARY AND ALTERNATE REPRESENTATIVES TO THE GALVESTON COUNTY TRANSIT DISTRICT BOARD OF DIRECTORS FOR THE FY 2016–2017 PERIOD; AND PROVIDING AN EFFECTIVE DATE.

Council Member King made a motion to approve Items 4A, 4C, 4D, 4E, and 4F, and Council Member Henderson seconded the motion. There being no discussion, Mayor Masters called for the vote.

VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker and King) 0 NAYS MOTION PASSED

______February 28, 2017 Regular Council Meeting Minutes Page 3 of 11

B. Approval of the Minutes of the Regular Council Meeting of February 14, 2017.

Council Member Deats requested that the minutes be amended to note under Item 12 that although the consensus of Council was to proceed with using the square poles, Council Member Deats wanted the round ones.

Council Member Henderson made a motion to approve Item 4B with the minutes amended as requested by Council Member Deats, and Council Member Decker seconded the motion. There being no further discussion, Mayor Masters called for the vote.

VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker and King) 0 NAYS MOTION PASSED

OLD BUSINESS

ITEM 5.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Update on Activities of Houston-Galveston Area Council.

Council Member King provided an update on the activities of the Houston- Galveston Area Council meeting of February 21, 2017.

ITEM 6.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Update on Activities of the Galveston County Transit District.

Management Assistant Bryan Milward provided an update on the activities of the Galveston County Transit District meeting of February 22, 2017, and addressed the questions of Council.

ITEM 7.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Update on Public Works Projects.

A. Status of Equipment Purchases

Director of Public Works Paul Booth provided an update on the status of equipment purchases for the Public Works Department and addressed the questions of Council.

ITEM 8.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2017 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, ALTERING THE PRIMA FACIE SPEED

______February 28, 2017 Regular Council Meeting Minutes Page 4 of 11 LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTIONS 545.356 AND 545.353 OF THE TEXAS TRANSPORTATION CODE, ON CERTAIN STREETS AND HIGHWAYS OR PARTS THEREOF WITHIN THE CORPORATE LIMITS OF THE CITY OF DICKINSON, AS SET OUT IN THIS ORDINANCE, TO WIT: ESTABLISHING A CONSTRUCTION SPEED ZONE ON INTERSTATE 45 MAIN LANES FROM THE NORTH CITY LIMIT LINE TO THE SOUTH CITY LIMIT LINE, A DISTANCE OF APPROXIMATELY 1.40 MILES TO REDUCE THE SPEED LIMIT TO 55 MILES PER HOUR; ESTABLISHING A CONSTRUCTION SPEED ZONE ON INTERSTATE 45 FRONTAGE ROADS FROM THE NORTH CITY LIMIT LINE TO THE SOUTH CITY LIMIT LINE, A DISTANCE OF APPROXIMATELY 1.40 MILES TO DESIGNATE A SPEED LIMIT OF 45 MILES PER HOUR; AUTHORIZING THE INSTALLATION OF SIGNAGE IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING FOR THE ALTERATION OF THE PRIMA FACIE SPEED LIMIT OF INTERSTATE 45 MAIN LANES TO INCREASE TO 65 MILES PER HOUR UPON COMPLETION OF CONSTRUCTION; PROVIDING FOR THE ALTERATION OF THE PRIMA FACIE SPEED LIMIT OF INTERSTATE 45 FRONTAGE ROADS TO 45 MILES PER HOUR UPON COMPLETION OF CONSTRUCTION; PROVIDING A PENALTY NOT TO EXCEED $400.00 FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. (Second of Three Readings)

Mayor Masters read the ordinance by caption only. Council Member Deats made a motion to approve the ordinance in two readings, and Council Member King seconded the motion. There being no discussion, Mayor Masters called for the vote.

VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker and King) 0 NAYS MOTION PASSED

NEW BUSINESS

At this time, Mayor Masters asked that Items 12 and 13 be considered before Items 9, 10, and 11. There being no objections, Items 12 and 13 were so moved.

ITEM 12.) CONDUCT A PUBLIC HEARING CONCERNING: Zoning Case ZMC-17- 0004, A Request To Amend The Official Zoning Map Of The City Of Dickinson On Approximately +/- 3.496 Acres, Legally Described As Abstract 19 Perry & Austin Survey Part of Lot 24 (24-3), Nichol’s Addition Dickinson, Generally Located South of Deats Road and West of FM 1266, With The Address Being 2704 Dickinson Avenue, In The City Of Dickinson, Galveston

______February 28, 2017 Regular Council Meeting Minutes Page 5 of 11 County, Texas, From Conventional Residential (CR) To Neighborhood Commercial (NC).

Mayor Masters opened the Public Hearing at 7:27 p.m.

A. Presentation of Requested Zoning Change.

Director of Community Development Zachary Meadows presented the request to Council. Mr. Meadows informed Council that the land was annexed into the City in January of 2016 and was zoned as Conventional Residential (CR) as required by the City’s zoning ordinance. Based on the lot size and location, including a pipeline that runs through the property, Mr. Meadows recommended rezoning the property to Neighborhood Commercial (NC). Such a use is consistent with the City’s Future Land Use Map, as contained in the Comprehensive Plan.

B. Those In Favor.

Esmeralda Reyes, 4900 21st Street, Dickinson, Texas – Ms. Reyes addressed Council and stated that she intended to use the property for commercial purposes to serve nearby residents. Ms. Reyes did not yet know what kind of business she would like to pursue.

C. Those Against.

None.

D. Applicant’s Rebuttal.

None.

E. Adjourn Public Hearing.

Mayor Masters adjourned the Public Hearing at 7:30 p.m.

ITEM 13.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2017 – AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 420-2001, AS HERETOFORE AMENDED, SO AS TO REZONE APPROXIMATELY +/- 3.496 ACRES, LEGALLY DESCRIBED AS ABSTRACT 19 PERRY & AUSTIN SURVEY PART OF LOT 24(24-3), NICHOLS ADDITION DICKINSON, GENERALLY LOCATED SOUTH OF DEATS ROAD AND WEST OF FM 1266 WITH THE ADDRESS BEING 2704 DICKINSON AVENUE, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, FROM CONVENTIONAL RESIDENTIAL (CR) TO NEIGHBORHOOD COMMERCIAL (NC);

______February 28, 2017 Regular Council Meeting Minutes Page 6 of 11 DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (First of Three Readings)

Mayor Masters read the ordinance by caption only. Council Member Wilson made a motion to approve the first reading of the ordinance, and Council Member King seconded the motion. There being no further discussion, Mayor Masters called for the vote.

VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker and King) 0 NAYS MOTION PASSED

At this time, Mayor Masters returned to Items 9, 10, and 11.

ITEM 9.) CONDUCT A PUBLIC HEARING: To Give All Interested Persons The Right And Opportunity To Appear And Be Heard Upon Such Proposal By The City Of Dickinson To Annex Properties Located In The Vicinity Of Highway 3 And Deats Road, East Of State Highway 3 Until Hill Avenue And North Of Salvato Street Until Deats Road.

Mayor Masters opened the Public Hearing at 7:31 p.m.

A. Presentation of Proposed Annexation.

Director of Community Development Zachary Meadows presented the proposed annexation to Council.

B. Those In Favor.

None.

C. Those Against.

Ray Soffes, 111 Reedland Street, Crosby, Texas – Mr. Soffes is concerned that proceeding with the proposed annexation would result in the closure of one of his family’s fireworks stands, which has been located within the proposed area at 3205 Highway 3 for the past 40 years. The loss of one of his stands would decrease Mr. Soffes’ income. Mr. Soffes stated that he does not disagree with the City’s prohibition of the use of fireworks, just with the prohibition of their sale.

______February 28, 2017 Regular Council Meeting Minutes Page 7 of 11 Tom Mishler, 3419 Highway 3, Dickinson, Texas – Mr. Mishler is concerned that the proposed annexation would bring with it additional restrictions on how he uses his property and would not provide him with any benefits. He is also concerned that the City would be unable to financially afford to maintain the extra streets that the annexation would bring into the city limits.

Johnny Johnson, 11306 Sagewind Drive, Houston, Texas – Mr. Johnson’s firework stand was affected by a previous annexation of the City in the area of FM 1266 and Deats Road. Although he appreciated the City allowing him to operate for the remainder of that one season by delaying final approval of the ordinance, moving his business cost him a lot of money. He would like the City to regulate fireworks sales, not to prohibit them.

Johnnie Pate, 5220 Humble Camp Road, Dickinson, Texas – Mr. Pate would like to continue selling fireworks at 3207 Highway 3. He believes that fireworks vendors are good people and deserve to make a living.

Rebecca Rodriguez, 1600 Dickinson Avenue #233, Dickinson, Texas – Ms. Rodriguez is the owner of “Ms. Becky’s” fireworks stand at 3207 Highway 3 and believes that her business helps the community by employing school bus drivers, who struggle to otherwise make ends meet, and by giving families a place to buy fireworks. She would like the City to consider allowing her business to operate for the next 5-10 years, even if annexed, as she read that the City of Conroe, Texas recently afforded to a different company.

Nancy Walker, 1252 County Road 2437, Sheridan, Texas – Ms. Walker believes that the Pates are the two hardest-working people in Dickinson, and should be allowed to keep working. She is also concerned that the area proposed for annexation is drawn in such a way as to exclude low-income African-American neighborhoods.

D. Adjourn Public Hearing.

Mayor Masters adjourned the Public Hearing at 7:49 p.m.

ITEM 10.) CONDUCT A PUBLIC HEARING CONCERNING: Zoning Case ZMC-17- 0082, A Request To Amend The Official Zoning Map Of The City Of Dickinson On Approximately +/- 0.9642 Acres, Legally Described As Abstract 78 Robert Hall Lot 4 Tudors Addition & Improvements, 5029 41st Street, .9642 Acres, Generally Located North of FM 517 and West of Georgia Avenue, With The Address Being 5029 FM 517, In The City Of

______February 28, 2017 Regular Council Meeting Minutes Page 8 of 11 Dickinson, Galveston County, Texas, From Neighborhood Commercial (NC) to General Industrial (GI).

Mayor Masters opened the Public Hearing at 7:51 p.m

A. Presentation of Requested Zoning Change.

Director of Community Development Zachary Meadows presented the request to Council. Mr. Meadows noted that the City’s Future Land Use Map, as contained within the City’s Comprehensive Plan, provides for the future use of commercial purposes on the property. Mr. Meadows advised Council that the proposed use of the property as a vehicle storage lot would necessitate rezoning the property to General Industrial (GI), and that the Planning and Zoning Commission recommended denying the requested zoning change due to its conflict with the Future Land Use Map.

B. Those In Favor.

Don Gundermann, 322 5th Avenue North, Texas City, Texas – Mr. Gundermann owns a property that is adjacent to the property under consideration. He believes that the applicant should be allowed to go ahead with his plans and that Council should approve the request to change the property’s zoning.

Angel Hagmaier, 520 44th Street, Galveston, Texas – Ms. Hagmaier noted that Mr. Sendejas owns several businesses around Galveston County and is a good neighbor and a good businessman. He would like to help grow the city, but the City’s ordinances are very restrictive.

C. Those Against.

None.

D. Applicant’s Rebuttal.

None.

E. Adjourn Public Hearing.

Mayor Masters adjourned the Public Hearing at 7:57 p.m.

ITEM 11.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number XXX-2017 – AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 420-2001, AS HERETOFORE

______February 28, 2017 Regular Council Meeting Minutes Page 9 of 11 AMENDED, SO AS TO REZONE APPROXIMATELY +/- 0.9642 ACRES, LEGALLY DESCRIBED AS ABSTRACT 78 ROBERT HALL LOT 4 TUDORS ADDITION & IMPROVEMENTS, 5029 41ST STREET, .9642 ACRES, GENERALLY LOCATED NORTH OF FM 517 AND WEST OF GEORGIA AVENUE WITH THE ADDRESS BEING 5029 FM 517, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, FROM NEIGHBORHOOD COMMERCIAL (NC) TO GENERAL INDUSTRIAL (GI); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (First of Three Readings)

Mayor Masters read the ordinance by caption only. Council Member Henderson made a motion to deny the ordinance, and Council Member Wilson seconded the motion. There being no discussion, Mayor Masters called for the vote.

VOTE: 6 AYES (Suderman, Henderson, Wilson, Deats, Decker and King) 0 NAYS MOTION PASSED

Mayor Masters recessed the Regular Meeting at 7:58 p.m.

ITEM 14.) 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 551.071 – Consultation with Attorney regarding pending or contemplated litigation or a matter in which the duty of the City Attorney requires to be discussed in closed meeting.

B. Section 551.074 – Personnel Matter – Discussion to Deliberate the Appointment, Employment, Evaluation, Reassignment, Duties, Discipline or Dismissal of the Executive Director of Dickinson Economic Development Corporation.

ITEM 15.) RECONVENE

Mayor Masters reconvened the Regular Meeting at 9:01 p.m.

______February 28, 2017 Regular Council Meeting Minutes Page 10 of 11 ITEM 16.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Matters Discussed in Executive Session.

None.

ITEM 17.) ADJOURN

Council Member Suderman made a motion to adjourn the meeting at 9:01 p.m., and Council Member King seconded the motion. There being no discussion, Mayor Masters called for the vote.

VOTE: 6 AYES (Suderman, Wilson, Henderson Deats, Decker and King) 0 NAYS MOTION PASSED

PASSED, APPROVED AND ADOPTED this the 14th day of March, 2017.

______Julie Masters, Mayor ATTEST:

______Alun W. Thomas, City Secretary

______February 28, 2017 Regular Council Meeting Minutes Page 11 of 11 ITEM 4C

Dickinson City Council Agenda Item Data Sheet

MEETING DATE: March 14, 2017

TOPIC: Resolution Number XXX-2017

A RESOLUTION OF THE CITY OF DICKINSON, TEXAS FINDING THAT CENTERPOINT ENERGY RESOURCES D/B/A CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS’ (“CENTERPOINT” OR “COMPANY”) STATEMENT OF INTENT TO INCREASE RATES FILING WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY’S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; AND PROVIDING AN EFFECTIVE DATE.

BACKGROUND: On November 16, 2016, CenterPoint filed a Statement of Intent to Increase Rates application with each of the cities in their Houston and Texas Coast Division service areas. In the filing, the Company asserted that it is entitled to a $31.0 million increase or a 10.4% increase over current adjusted revenues, excluding gas costs. CenterPoint also proposed to consolidate the Houston and Texas Coast Division service areas into one Texas Gulf Division.

In November, the GCCC engaged the services of two consultants, Ms. Connie Cannady and Mr. Karl Nalepa, to review the Company’s filing. The consultants identified numerous unreasonable expenses and propose significant reductions to the Company’s request. Accordingly, GCCC’s attorney recommends that all GCCC members adopt the Resolution denying the rate change. Once the Resolution is adopted, CenterPoint will have 30 days to appeal the decision to the Railroad Commission where the appeal will be consolidated with CenterPoint’s filing for the environs and those cities that have relinquished their original jurisdiction (i.e. Gas Utility Docket No. 10567) currently pending at the Commission.

Action must be taken to deny the rate increase by April 7, 2017, or the rate increase will become effective.

Please see the enclosed Memorandum for further discussion of the rate case and GCCC.

RECOMMENDATION: Staff recommends approval of the Resolution.

ATTACHMENTS:  Resolution Number XXX-2017 ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 2 Dickinson City Council Agenda Item Data Sheet

 Memorandum Explaining Rate Case and Resolution

FUNDING ISSUES: Not applicable – no dollars are being spent or received. Full amount already budgeted in Acct/Project# ______

Not budgeted. FINANCE VERIFICATION OF FUNDING:

SUBMITTING STAFF MEMBER: CITY ADMINISTRATOR APPROVAL:

Julie M. Robinson, City Administrator

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 2 OF 2

RESOLUTION NUMBER XXX-2017

WHEREAS, the City of Dickinson, Texas (“City”) is a gas utility customer of CenterPoint Energy Resources d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas, Texas Coast Division (“CenterPoint” or “Company”), and a regulatory authority with an interest in the rates and charges of CenterPoint; and

WHEREAS, the City is a member of the Gulf Coast Coalition of Cities (“GCCC”) (such participating cities are referred to herein as “GCCC”), a coalition of similarly situated cities served by CenterPoint that have joined together to efficiently and cost effectively review and respond to natural gas issues affecting rates charged in the CenterPoint’s Texas Coast Division service area; and

WHEREAS, on or about November 16, 2016, CenterPoint filed with the City a Statement of Intent to Increase Rates seeking to increase natural gas rates by $31.0 million annually and to all customers residing in the City; and

WHEREAS, CenterPoint is also requesting consolidation of the Houston and Texas Coast Divisions into a single Texas Gulf Division; and

WHEREAS, GCCC is coordinating its review of CenterPoint’s Statement of Intent filing and designated attorneys and consultants to resolve issues in the Company’s filing; and

WHEREAS, through review of the application, GCCC’s consultant determined that CenterPoint’s proposed rates are excessive; and

WHEREAS, the GCCC’s members and attorneys recommend that GCCC members deny the Statement of Intent; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT:

Section 1. The rates proposed by CenterPoint to be recovered through its gas rates charged to customers located within the City limits, are hereby found to be unreasonable and shall be denied.

CITY OF DICKINSON, TEXAS - RESOLUTION NUMBER XXX-2017 Page 1

Section 2. The Company shall continue to charge its existing rates to customers within the City.

Section 3. The Company’s proposed consolidation of the Houston and Texas Coast Divisions into a single Texas Gulf division is unreasonable and shall be denied.

Section 4. The City’s reasonable rate case expenses shall be reimbursed in full by CenterPoint within 30 days of the adoption of this Resolution.

Section 5. It is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required.

Section 6. A copy of this Resolution shall be sent to CenterPoint and to Thomas Brocato, General Counsel to the Gulf Coast Coalition of Cities, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.

Section 7. This Resolution shall become effective immediately upon passage in accordance with law.

DULY PASSED AND APPROVED this ______day of March, 2017.

______Julie Masters, Mayor City of Dickinson, Texas

ATTEST:

______Alun W. Thomas, City Secretary City of Dickinson, Texas

APPROVED AS TO FORM AND CONTENT:

______David W. Olson, City Attorney City of Dickinson, Texas

CITY OF DICKINSON, TEXAS - RESOLUTION NUMBER XXX-2017 Page 2

DIVIDER PAGE

TO: Honorable Mayor and Council Members

FROM: Julie M. Robinson, City Administrator

DATE: March 8, 2017

SUBJECT: CenterPoint Energy Gas Rate Case

The City of Dickinson, along with 32 other cities served by CenterPoint Energy Resources d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas (“CenterPoint” or “Company”) is a member of the Gulf Coast Coalition of Cities (“GCCC”). The coalition has been in existence since the early 1990s. GCCC has been the primary public interest advocate before the Railroad Commission, the Courts, and the Legislature on gas utility regulation matters for nearly 30 years.

On November 16, 2016, CenterPoint filed a Statement of Intent to Increase Rates application with each of the cities in their Houston and Texas Coast Division service areas. In the filing, the Company asserted that it is entitled to a $31.0 million increase or a 10.4% increase over current adjusted revenues, excluding gas costs. CenterPoint also proposed to consolidate the Houston and Texas Coast Division service areas into one Texas Gulf Division.

Under the law, cities with original jurisdiction over this matter have 125 days from the initial filing to take final action on the application. By the agreement of the parties, this deadline was suspended until April 7, 2017. As such, all cities with original jurisdiction will need to adopt the resolution no later than April 7, 2017. Unless the City of Dickinson denies the Application by April 7, 2017, the rate increase requested by CenterPoint will become effective. Therefore, the Resolution presented to Council would deny CenterPoint’s requested rate increase.

______MEMORANDUM Page 1 Gulf Coast Coalition of Cities

The City of Dickinson has been a member of the Gulf Coast Coalition of Cities (“GCCC”) since its inception more than a decade ago. GCCC has successfully settled previous rate cases with CenterPoint to the benefit of Dickinson residents. It is recommended that the City continue its participation with the GCCC and in the current CenterPoint rate case through the GCCC.

Rate case expenses are reimbursable from CenterPoint. As such, there will be no cost impact to Dickinson.

Explanation of “Be It Ordained” Paragraphs:

1. This paragraph finds that the Company’s application is unreasonable and should be denied.

2. This section states that the Company’s current rates shall not be changed.

3. This section states that the Company’s proposal to consolidate the Houston and Texas Coast Divisions should be denied.

4. The Company will reimburse the cities for their reasonable rate case expenses. Legal counsel and consultants approved by the Cities will submit monthly invoices that will be forwarded to CenterPoint for reimbursement.

5. This section merely recites that the resolution was passed at a meeting that was open to the public and that the consideration of the Resolution was properly noticed.

6. This section provides CenterPoint and counsel for the cities will be notified of the City’s action by sending a copy of the approved and signed resolution to counsel.

Should you have any questions concerning this rate case, please do not hesitate to contact me.

______MEMORANDUM Page 2 ITEM 5

UPDATE ON ACTIVITIES OF THE DICKINSON BAYOU WATERSHED PARTNERSHIP

ITEM 6

UPDATE OF PUBLIC WORKS PROJECTS

ITEM 7

Dickinson City Council Agenda Item Data Sheet

MEETING DATE: March 14, 2017

TOPIC: Ordinance Number XXX-2017 (Zoning Case ZMC-17-0004)

AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, ORDINANCE NUMBER 420-2001, AS HERETOFORE AMENDED, SO AS TO REZONE APPROXIMATELY +/- 3.496 ACRES, LEGALLY DESCRIBED AS ABSTRACT 19 PERRY & AUSTIN SURVEY PART OF LOT 24(24-3), NICHOLS ADDITION DICKINSON, GENERALLY LOCATED SOUTH OF DEATS ROAD AND WEST OF FM 1266 WITH THE ADDRESS BEING 2704 DICKINSON AVENUE, IN THE CITY OF DICKINSON, GALVESTON COUNTY, TEXAS, FROM CONVENTIONAL RESIDENTIAL (CR) TO NEIGHBORHOOD COMMERCIAL (NC); DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.

BACKGROUND: (This is the second of three readings) In the February 28, 2017 City Council Meeting, the Council conducted a public hearing on a request to amend the Comprehensive Zoning Ordinance by changing the zoning from Conventional Residential (“CR”) to Neighborhood Commercial (“NC”) on the property located at 2704 Dickinson Avenue in Dickinson. Following the public hearing, this Ordinance was approved by the Council on first reading.

RECOMMENDATION: The Planning and Zoning Commission unanimously recommended approval of the requested zoning change.

ATTACHMENTS:  Ordinance XXX-2017

FUNDING ISSUES: Not applicable – no dollars are being spent or received. Full amount already budgeted in Acct/Project# ______

Not budgeted FINANCE VERIFICATION OF FUNDING:

SUBMITTING STAFF MEMBER: CITY ADMINISTRATOR APPROVAL: Zachary Meadows, Director of Community Development

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 1 ORDINANCE NUMBER XXX-2017 (Zoning Case ZMC-17-0004)

WHEREAS, Approximately ± 3.496 acres, legally described as Abstract 19 Perry & Austin Survey Part of Lot 24(24-3), Nichols Addition Dickinson generally located South of Deats Road and West of FM 1266 with the address being 2704 Dickinson Avenue, (the “Property”), in the City of Dickinson, Galveston County, Texas (the “City”); and

WHEREAS, the Property presently has a zoning classification of Conventional Residential (CR) under Ordinance Number 420-2001, the City's Comprehensive Zoning Ordinance; and

WHEREAS, Jesus Alanis (“Applicant”) has requested such zoning classification change of said Property from Conventional Residential (CR) to Neighborhood Commercial (NC) as authorized by the City’s Zoning Ordinance; and

WHEREAS, the City Secretary of Dickinson, Texas, directed that notices of a hearing be issued, as required by the Zoning Ordinance of the City of Dickinson and laws of the State of Texas, at a meeting of the City Council, to be held on the 28th day of February 2017, for the purpose of considering rezoning the Property from Conventional Residential (CR) to Neighborhood Commercial (NC); and

WHEREAS, the City Secretary of the said City accordingly caused to be issued and published the notices required by its Zoning Ordinance and laws of the State of Texas applicable thereto, the same having been published in a paper of general circulation in the City of Dickinson, Texas, at least fifteen (15) days prior to the time set for such hearing; and

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2017 Page 1 of 3 WHEREAS, the City Council of said City, pursuant to such notice, held its public hearing and heard all persons wishing to be heard both for and against the aforesaid change in the Zoning Ordinance, on the 28th day of February 2017; and

WHEREAS, the City Council is of the opinion and finds that such rezoning would not be detrimental to the public health, safety, or general welfare, and will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Dickinson, and as well, the owners and occupants thereof, and the City generally.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, THAT:

Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct.

Section 2. The Comprehensive Zoning Ordinance Number 420-2001, as the same has been heretofore amended, is hereby further amended so as to rezone ± 3.496 acres, legally described as Abstract 19 Perry & Austin Survey Part of Lot 24(24- 3), Nichols Addition Dickinson generally located South of Deats Road and West of FM 1266 with the address being 2704 Dickinson Avenue, in the City of Dickinson, Galveston County, Texas from Conventional Residential (CR) to Neighborhood Commercial (NC).

Section 3. It is directed that the official zoning map of the City of Dickinson, adopted on the 24th day of June, 2001, by Ordinance Number 420-2001, shall be revised and amended to reflect the zoning classification established by this Ordinance, with the appropriate reference thereon to the number and effective date of this Ordinance and a brief description of the nature of the change.

Section 4. All provisions of the ordinances of the City of Dickinson in conflict with the provisions of this Ordinance are hereby repealed, and all other provisions of the Ordinances of the City of Dickinson not in conflict with the provisions of this Ordinance shall remain in full force and effect.

Section 5. The repeal of any ordinance or part of ordinances effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this Ordinance.

Section 6. Any person who shall intentionally, knowingly, recklessly, or with criminal negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to a fine in an amount not to exceed $2,000.00. Each day a violation continues shall constitute a separate offense.

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2017 Page 2 of 3

Section 7. In the event any clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Dickinson, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.

Section 8. This Ordinance shall become effective upon final reading and adoption of this Ordinance, in accordance with law.

DULY PASSED AND APPROVED on first reading this 28th day of February, 2017.

DULY PASSED AND APPROVED on second reading this ___ day of ______, 2017.

DULY PASSED, APPROVED, AND ADOPTED on third and final reading this ____ day of ______, 2017.

______Julie Masters, Mayor City of Dickinson, Texas

ATTEST:

______Alun W. Thomas, City Secretary City of Dickinson, Texas

APPROVED AS TO FORM AND CONTENT:

______David W. Olson, City Attorney City of Dickinson, Texas

______CITY OF DICKINSON, TEXAS – ORDINANCE NUMBER XXX-2017 Page 3 of 3 ITEM 8

Dickinson City Council Agenda Item Data Sheet

MEETING DATE: March 14, 2017

TOPIC: Conduct A Public Hearing: To Give All Interested Persons The Right And Opportunity To Appear And Be Heard Upon Such Proposal By The City Of Dickinson To Annex Properties Located In The Vicinity Of Highway 3 And Deats Road, East Of State Highway 3 Until Hill Avenue And North Of Salvato Street Until Deats Road.

BACKGROUND: On Tuesday, January 24, 2017, City Council approved Resolution 1570-2017, declaring its intent to annex territory in the City of Dickinson’s Extraterritorial Jurisdiction. The annexation proceeding must be instituted not less than twenty (20) days nor more than forty (40) days subsequent to such public hearings. The first public hearing before the City Council was held on February 28, 2017. This is the second public hearing to allow all interested persons the opportunity to express their opinion regarding the proposed annexation.

Notice of both public hearings was published and notifications were mailed to all property owners as well as other government entities with interest in the proposed area of annexation in accordance with Chapter 43 of the Texas Local Government Code. A copy of the notices is provided with this agenda item.

Additionally, a calendar indicating the key dates of the annexation process and a map are also attached.

RECOMMENDATION: None

ATTACHMENTS:  Public Hearing Newspaper Notice  Notice to Property Owners  Notices to Other Entities  Annexation Calendar  Map Showing Area of Annexation

FUNDING ISSUES: Not applicable – no dollars are being spent or received. Full amount already budgeted in Acct/Project# ______

Not budgeted FINANCE VERIFICATION OF FUNDING:

SUBMITTING STAFF MEMBER: CITY ADMINISTRATOR APPROVAL:

Zachary Meadows, Director of Community Development

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 1

DIVIDER PAGE

NOTICE OF PUBLIC HEARING

The City Council of the City of Dickinson, Texas, will conduct a Public Hearing at a Meeting to be held At 7:00 O’clock P.M., Tuesday, February 28, 2016, at City Council Chambers in Dickinson City Hall, located at 4403 Highway 3, Dickinson, Texas. The Public Hearing is to give all interested persons the right and opportunity to appear and be heard upon such proposal to annex the territory described below. The properties in the area proposed for annexation are located in the vicinity of Highway 3 and Deats Road, east of State Highway 3 until Hill Avenue and North of Salvato Street until Deats Road.

1. ABST 19 PERRY & AUSTIN LOTS 1 THRU 7 NW 34 FT LOT 9 & NE 92.5 FT LOTS 11 THRU 18 & NW 92.5 X 34 FT LOT 19 HOMESITE S-D LAND 2. ABST 19 PERRY & AUSTIN SE 15.5 FT LOT 9 SW 34 FT LOTS 11-18 SW 34 X 50 X SE 92.5 X 15.5 FT LOT 19, ALL LOT 10 & 20-40 INCL 60 X 495 ROW HOMESITE S-D & IMPS CHURCH VILLAGE 3. ABST 19 PERRY & AUSTIN LOT 8 HOMESITE S-D 4. ABST 19 PAGE 9 PT OF LOT 116 (116-2) ADDN D DICKINSON & PT OF LOT 1 COUTRERA SUB 5. ABST 19 PERRY & AUSTIN LOT 1 BLK 116 COUTRERA S-D ADDN D & IMPS 6. THE NEW DESTINY (2001), ABST 19 PERRY & AUSTIN SUR, LOT 1, ACRES 0.207 7. ABST 19 PERRY & AUSTIN LOT 8 ADDN D DICKINSON COUTRERA S-D 8. THE NEW DESTINY (2001), ABST 19 PERRY & AUSTIN SUR, LOT 2, ACRES 0.172 9. ABST 19 PERRY & AUSTIN LOT 9 ADDN D DICKINSON COUTRERA S-D 10. ABST 19 PERRY & AUSTIN LOTS 2- 3-4 OF 117 ADDN D DICKINSON COUTRERA S-D 11. THE NEW DESTINY (2001), ABST 19 PERRY & AUSTIN SUR, LOT 3, ACRES 0.189 12. NEW DESTINY PHASE II (2006) ABST 19, LOT 1, ACRES 0.169 13. THE NEW DESTINY (2001), ABST 19 PERRY & AUSTIN SUR, LOT 4, ACRES 0.207 14. ABST 19 PERRY & AUSTIN LOT 16 ADDN D DICKINSON COUTRERA S-D 15. NEW DESTINY PHASE II (2006) ABST 19, LOT 2, ACRES 0.161 16. ABST 19 PERRY & AUSTIN LOT 10 O-L 117 ADDN D & 11 COUTRERA S/D 17. THE NEW DESTINY (2001), ABST 19 PERRY & AUSTIN SUR, LOT 5, ACRES 0.172 18. ABST 19 PERRY & AUSTIN SUR LOTS 5 & 6 (6-0) COUTRERA SUB 19. NEW DESTINY PHASE II (2006) ABST 19, LOT 10, ACRES 0.195 20. ABST 19 PERRY & AUSTIN LOT 17 ADDN D DICKINSON COUTRERA S-D 21. THE NEW DESTINY (2001), ABST 19 PERRY & AUSTIN SUR, LOT 6, ACRES 0.207 22. NEW DESTINY PHASE II (2006) ABST 19, LOT 3, ACRES 0.170 23. ABST 19 PERRY & AUSTIN LOT 12 ADDN D DICKINSON COUTRERA S-D 24. ABST 19 PERRY & AUSTIN LOT 24 COUTRERA S-D & IMPS 25. NEW DESTINY PHASE II (2006) ABST 19, LOT 9, ACRES 0.165 26. ABST 19 PERRY & AUSTIN SUR LOT 7 CONTRERA SUB & ADJ 100X120 TR C PT OF BLOCK 117 ADDN D & NE 22.50 FT OF LOTS 2 & 3 EMMITES SUB 27. NEW DESTINY PHASE II (2006) ABST 19, LOT 4, ACRES 0.169 28. ABST 19 PERRY & AUSTIN PT TR A BLK 115 ADDN D DICKINSON 29. ABST 19 PERRY & AUSTIN LOTS 4 & 5 ROSE GARDEN S/D MH PATRIOT 1970 14X65 30. ABST 19 PERRY & AUSTIN LOT 13 DICKINSON ADDN D COUTRERA S-D 31. ABST 19 PERRY & AUSTIN LOT 25 ADDN D DICKINSON COUTRERA S-D 32. ABST 19 PERRY & AUSTIN LOTS 18 & 19 ADDN D DICKINSON COUTRERA S/D 33. NEW DESTINY PHASE II (2006) ABST 19, LOT 5, ACRES 0.186 34. NEW DESTINY PHASE II (2006) ABST 19, LOT 8, ACRES 0.163 35. ABST 19 PERRY & AUSTIN LOT 14 ADDN D DICKINSON COUTRERA S-D MOBILE HOME SERIAL #AH01974237, CERTIFICATE #00090864, LABEL #PFS040401902 AMERICAN HOMESTAR GALAXY 1996 16X76 BLU/WHT 36. ABST 19 PERRY & AUSTIN LOTS 6-7-8 ROSE GARDEN S-D 37. ABST 19 PERRY & AUSTIN LOT 15 ADDN D DICKINSON COURTRERA S-D 38. ABST 19 PERRY & AUSTIN LOT 1 O/L 117 EMMITE S/D ADDN D 100 FT X 150 FT 1992 NATIONAL MH 14X56 BRN/WHT 39. ABST 19 PAGE 9 LOT 20 COUTRERA SUB MH 1980 HILLCREST 14X67 LABEL# TEX024586 WHT/BWN 40. NEW DESTINY PHASE II (2006) ABST 19, LOT 7, ACRES 0.162 41. ABST 19 PERRY & AUSTIN SUR LOT 2 LESS NE 22.50 FT EMMITE SUB 42. ABST 19 PERRY & AUSTIN LOT 26 O-L 117 COUTRERA S-D 43. ABST 19 PERRY & AUSTIN LOT 21 ADDN D DICKINSON COUTRERA S-D 44. ABST 19 PERRY & AUSTIN LOT 3 ROSE GARDEN S-D 45. NEW DESTINY PHASE II (2006) ABST 19, LOT 6, ACRES 0.165 46. ABST 19 PAGE 19 PAGE 9 LOT 27 COUTRERA SUB 47. ABST 19 PERRY & AUSTIN SUR LOT 3 LES NE 22.50 FT EMMITE SUB 48. ABST 19 PAGE 9 LOT 5 & ADJ 100 X 120 FT OF EMMITE SUB 49. ABST 19 PERRY & AUSTIN LOT 22 SE PT BLKS 116-117 ADDN D COUTRERA S- D 50. ABST 19 PERRY & AUSTIN LOT 28, 29 & 30 ADDN D DICKINSON O-L 117 COUTRERA S-D ***DEFERRAL*** 51. ABST 19 PERRY & AUSTIN LOT 2 ROSE GARDEN S-D MH PERM-A-DWELL COURTLAND 1985 14X76 GRN 52. ABST 19 PAGE 6 PT OF TR B & LOTS 9 THRU 12 (9-1) UNREC ROSE GARDEN BLK 115 ADDN D DICKINSON 53. ABST 19 PERRY & AUSTIN LOT 4 EMMITE S-D O-L 117 ADDN D DICKINSON 54. ABST 19 PERRY & AUSTIN LOT 23 ADDN D DICKINSON COUTRERA S/D 55. ABST 19 PERRY & AUSTIN LOT 1 ROSE GARDEN S-D 56. ABST 19 PERRY & AUSTIN LOTS 8-9-10 EMMITE S/D O/L 117 ADDN D DICKINSON 57. ABST 19 PERRY & AUSTIN- 100 X 120 OUT OF LOT 118 EMMITE S-D ADDN D NE COR TR A OF 2.50 ACS 58. ABST 19 PERRY & AUSTIN LOTS 6 & 7 EMMITE S/D O/L 117 ADDN D DICKINSON MH DEROSE AMHERST 1976 12X60 BRN/CRM 59. ABST 19 PERRY & AUSTIN SUR LOT 31 COUTRERA & TRS A & B OUT NW COR OF S/2 O/L 117 ADDN D DICKINSON 60. ABST 19 PERRY & AUSTIN SUR PT OF TR B & PT LOT 11 (9-4) UNREC ROSE GARDEN BLK 115 ADDN D DICKINSON 61. ABST 19 PERRY & AUSTIN 100 FT X 120 FT OUT OF BLK 118 ADDN D DICKINSON PT TR A 62. ABST 19 PERRY & AUSTIN BLK 115 ADDN D ACS .442 DIM 142.5 X 135 SE- 142.5-ROSE 63. ABST 19 PAGE 6 PT OF TR B & LOTS 9 THRU 12 (9-3) UNREC ROSE GARDEN BLK 115 ADDN D DICKINSON 64. ABST 19 PERRY & AUSTIN SUR PT OF TRACT A OF LOT 118 DICKINSON ADDN D ***DEFERRAL*** 65. ABST 19 PERRY & AUSTIN LOT 11 EMMITE S/D O/L 117 ADDN D DICKINSON 66. ABST 19 PAGE 9 LOTS I & J OUT OF LOT 118 ADD D DICKINSON 67. ABST 19 PERRY & AUSTIN .406 ACS IN SOUTH CORN TR B BLK 115 ADDN D DICKINSON DIM IRREG 68. ABST 19 PERRY & AUSTIN LOT 12 EMMITE S/D O/L 117 ADDN D DICKINSON 69. ABST 19 PERRY & AUSTIN SUR LOT 14 (14-1) EMMITE SUB 70. ABST 19 PERRY & AUSTIN LOT 13 EMMITE S/D O/L 117 ADDN D DICKINSON 71. ABST 19 PERRY & AUSTI.N LOT 15 O/L 117 EMMITE S/D ADDN D DICKINSON MH 1973 FLEETLINE 14X63 WHT/BRN 72. ABST 19 PERRY & AUSTIN SUR LOTS 1 & 2 OUTLOT 118 EMMITE SUB EXTN MH SERIAL# GDZKMS489725015A LABEL# PFS0413396 MAGNOLIA 1998 28X60 GRY/WHT 73. ABST 19 PERRY & AUSTIN LOT 16 & 17 O-L 117 EMMITE S-D ADDN D DICKINSON & IMPS 74. ABST 19 PAGE 6 & 9 PT OF LOT 118 (118-7) DICKINSON ADDN D 75. ABST 19 PERRY & AUSTIN 200 X 120 OUT LOT 118 EMMITE S/D ADDN D NW COR TR A OF 2.5 ACS LESS 430 X 120 2957/483 MH 1976 AVONDALE 14X56 CRM/YLW 76. ABST 19 PERRY & AUSTIN LOT 6 O -L 118 EXTN OF EMMITE SUB 77. ABST 19 PERRY & AUSTIN LOT 3 L-118 EMMITE EXTN MH SKYLINE WINNER 1995 14X52 LABEL #LOU0049935 78. ABST 19 PERRY & AUSTIN LOT 7 O -L 118 EXTN OF EMMITE S-D MH 12X60 YLW/WHT 79. ABST 19 PERRY & AUSTIN LOT 4&5 O-L 118 EXTN EMMITE S-D ADDN D DICKINSON 80. ABST 19 PERRY & AUSTIN TR F BLK 118 ADDN D DICKINSON 81. ABST 19 PERRY & AUSTIN 60 X 120 FT BEING CLOSED RD BTWN LOTS 6, 7 & 11, 12 O-L 118 EXTN OF EMMITE S-D 82. ABST 19 PERRY & AUSTIN LOT 8 O -L 118 EXTN OF EMMITE S-D 83. ABST 19 PERRY & AUSTIN LOT 11 EXTN OF EMMITE S/D OF O/L 118 84. ABST 19 PERRY & AUSTIN LOT 9 EXTN OF EMMITE S-D O-L 118 ADDN D DICKINSON 85. ABST 19 PERRY & AUSTIN TR B BLK 118 ADDN D DICKINSON ACS .331 86. ABST 19 PERRY & AUSTIN LOT 12 EXTN OF EMMITE S/D OF O/L 118 MH 14X60 YLW/WHT 87. ABST 19 PERRY & AUSTIN LOT 10 EXTN OF EMMITE S-D O-L 118 ADDN D DICKINSON 88. ABST 19 PERRY & AUSTIN LOT 13 14 & 15 O/L 118 EXTN OF EMMITE S/D 89. ABST 19 PAGE 6 PT OF LOT 118 AKA TR-C (118-5) DICKINSON ADDN D 90. ABST 19 PERRY & AUSTIN BLK 118 ADDN D TR D & IMPS 100 X 150 91. ABST 19 PAGE 6 & 9 PT OF LOT 118 DICKINSON ADDN D AKA TR E

DIVIDER PAGE

January 27, 2017

«AddressBlock»

RE: Annexation By The City Of Dickinson, Texas Of Territory Located In The Vicinity Of Hwy 3 and Deats Road, East Of State Highway 3 until Hill Avenue and North of Salvato Street until Deats Road.

Dear Property Owner:

The City of Dickinson intends to annex territory located in the vicinity of Hwy 3 and Deats Road, East of State Highway 3 until Hill Avenue and North of Salvato Street until Deats Road. The Galveston County Central Appraisal District confirms you as the current owner of property located in the proposed annexation area. The City will conduct two separate public hearings at which persons interested in the annexation will be given the opportunity to be heard. This letter serves as notice, in accordance with Section 43.062(b) of the Texas Local Government Code, of the City’s intent to annex the above described area. If you have any questions or concerns, please contact my office.

Dates of Public Hearings:

 Tuesday, February 28, 2017 7:00 pm at City Hall located at 4403 Hwy 3

 Tuesday, March 14, 2017 7:00 pm at City Hall located at 4403 Hwy 3

Sincerely,

Zachary Meadows Director of Community Development Office: 281-337-6286 Fax: 281-337-6190 Email: [email protected]

DIVIDER PAGE

Notification to entities who have interest in area being annexed

February 16, 2017

Galveston County Commissioners ATTN: Commissioners Court 722 Moody Avenue Galveston, Texas 77550

RE: Annexation by the City of Dickinson of a property of which you may service

Dear Galveston County:

The City of Dickinson intends to annex tracts of land located North of the City of Dickinson located in the vicinity of Highway 3 and Deats Road, east of State Highway 3 until Hill Avenue and North of Salvato Street until Deats Road, including the rights-of-way of Deats Road, Hill Avenue, Rose Street, Daisy Street, Avenue D, Avenue B, and Avenue C, paved and unpaved surrounding the properties in the proposed annexation.. The Galveston County Central Appraisal District lists you as a taxing entity of property located in the proposed annexation area. The City will conduct two separate public hearings at which persons interested in the annexation will be given the opportunity to be heard.

This letter serves as notice, in accordance with Section 43.062(b) of the Texas Local Government Code, of the City’s intent to annex the above described area. If you have any questions or concerns, please contact my office.

Sincerely,

Zachary Meadows Director of Community Development Office: 281-337-6286 Fax: 281-337-6190 Email: [email protected]

February 16, 2017

Dickinson Independent School District VIA CMRRR 2218 FM 517 Dickinson, TX 77539

RE: Annexation By The City Of Dickinson, Texas Of Territory Located In The Vicinity Of Highway 3 and Deats Road, East of State Highway 3 until Hill Ave. and North of Salvato Street until Deats Road.

Dear Dickinson Independent School District:

The City of Dickinson intends to annex territory located in the vicinity of Highway 3 and Deats Road, East of State Highway 3 until Hill Ave. and North of Salvato Street until Deats Road. As this property is located within the public school district of Dickinson ISD, the City herein provides notice as required under Texas Local Government Code Section 43.905.

There will not be a financial impact on the district resulting from the annexation, including any changes in utility costs. Therefore, the City of Dickinson does not have a proposal to abate, reduce, or limit any financial impact on the district.

If you have any questions or concerns, please contact my office.

Sincerely,

Zachary Meadows Director of Community Development Office: 281-337-6286 Fax: 281-337-6190 Email: [email protected]

February 16, 2017

Union Pacific VIA CMRRR 400 Douglas Street Omaha, NE 68179

RE: Annexation By The City Of Dickinson, Texas Of Territory Located In The Vicinity Of Highway 3 and Deats Road, East of State Highway 3 until Hill Ave. and North of Salvato Street until Deats Road.

Dear Union Pacific:

The City of Dickinson intends to annex territory located in the vicinity of Highway 3 and Deats Road, East of State Highway 3 until Hill Ave. and North of Salvato Street until Deats Road. As this property is located near existing Railroad Right-of-Way of the Union Pacific Railroad, the City herein provides notice as required under Texas Local Government Code Section 43.063.

If you have any questions or concerns, please contact my office.

Sincerely,

Zachary Meadows Director of Community Development Office: 281-337-6286 Fax: 281-337-6190 Email: [email protected]

February 16, 2017

Dickinson Volunteer Fire Department ATTN: Keith Morgan, Fire Chief 4500 FM 517 Rd East Dickinson, Texas 77539

RE: Annexation by the City of Dickinson of a property of which you may service

Dear Dickinson Volunteer Fire Department:

The City of Dickinson intends to annex tracts of land located North of the City of Dickinson located in the vicinity of Highway 3 and Deats Road, east of State Highway 3 until Hill Avenue and North of Salvato Street until Deats Road. The Galveston County Central Appraisal District lists you as a taxing entity of property located in the proposed annexation area. The City will conduct two separate public hearings at which persons interested in the annexation will be given the opportunity to be heard.

Sincerely,

Zachary Meadows Director of Community Development Office: 281-337-6286 Fax: 281-337-6190 Email: [email protected]

February 16, 2017

Galveston County Water Control Improvement District #1 2750 FM 517 Rd. East Dickinson, Texas 77539

RE: Annexation by the City of Dickinson of a property of which you may service

Dear WCID#1:

The City of Dickinson intends to annex tracts of land located North of the City of Dickinson located in the vicinity of Highway 3 and Deats Road, east of State Highway 3 until Hill Avenue and North of Salvato Street until Deats Road. The Galveston County Central Appraisal District lists you as a taxing entity of property located in the proposed annexation area. The City will conduct two separate public hearings at which persons interested in the annexation will be given the opportunity to be heard.

Sincerely,

Zachary Meadows Director of Community Development Office: 281-337-6286 Fax: 281-337-6190 Email: [email protected]

DIVIDER PAGE

ANNEXATION CALENDAR

Annexation of Area Exempt From the Annexation Plan Requirement (Including Annexation on Petition of Area Landowners or Voters1 and Involuntary Annexations of an Area Containing Fewer than 100 Tracts of Land)

(Tuesday, January 24): Pass a resolution declaring the intention of the City to annex certain territory.

(Friday, January 27): Send written notice to property owners in area to be annexed, as indicated by the appraisal district records.

(Friday, January 27): Send written notice to property owners in area to be annexed, public or private entities that provide services in the area to be annexed, and railroads with right-of-way in area to be annexed.

(Friday, February 10): Deliver notice of first hearing to newspaper for publication.

(Thursday, February 16): Publish notice of first hearing.

Send written notice to each public school district in the area to be annexed.

Send written notice, by certified mail return receipt requested, to railroads with right-of-way in area to be annexed.

(Friday, February 24): Deliver notice of second hearing to newspaper for publication.

(Thursday, March 2): Publish notice of second hearing

(Tuesday, February 28): Hold first public hearing

(Tuesday March 14): Hold second public hearing (Tuesday, April 3): First reading of Ordinance adopting Annexation Ordinance (Institution of Proceedings).

(Tuesday, April 11): Second reading of Ordinance adopting Annexation Ordinance (Completion of Proceedings).

DIVIDER PAGE

ITEM 9

Dickinson City Council Agenda Item Data Sheet

MEETING DATE: March 14, 2017

TOPIC: Presentation Of Annual Racial Profiling Report As It Relates To Senate Bill 1074 (Racial Profiling) For Calendar Year 2016 As Required By Article 2.134 Of The Texas Code Of Criminal Procedure.

BACKGROUND: The Dickinson Police Department received its Annual Traffic Contact Report for the calendar year 2016 from Del Carmen Consulting, LLC. 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:  First Four Pages of the Annual Traffic Contact Report. The remainder of the document is available in the City Secretary’s office for review.

FUNDING ISSUES: Not applicable – no dollars are being spent or received. Full amount already budgeted in Acct/Project# ______

Not budgeted. FINANCE VERIFICATION OF FUNDING:

SUBMITTING STAFF MEMBER: CITY ADMINISTRATOR APPROVAL:

Chief Ron Morales

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 1

Annual Contact Report 2016 The Dickinson Police Department

(I) Introduction

Opening Statement

January 10, 2017

Dickinson City Council Dickinson, Texas 77539

Dear Distinguished Members of the City Council,

The Texas Legislature, with the intent of addressing the issue of racial profiling in policing, enacted in 2001 the Texas Racial Profiling Law. Since then, the Dickinson Police Department, in accordance with the law, has collected and reported traffic and motor vehicle- related contact data for the purpose of identifying and addressing (if necessary) areas of concern regarding racial profiling practices. In the 2009 Texas legislative session, the Racial Profiling Law was modified and additional requirements are now in place. These most recent requirements have been incorporated by the Dickinson Police Department and are also being addressed in this report.

This particular report contains three sections with information on traffic and motor vehicle- related contact data. In addition, when appropriate, documentation is also a component of this report, aiming at demonstrating the manner in which the Dickinson Police Department has complied with the Texas Racial Profiling Law. In section 1, you will find the table of contents in addition to the Texas Senate Bill (SB1074); which later became the Texas Racial Profiling Law. In addition, you will find the Texas HB 3389, which, in 2009, introduced new requirements relevant to racial profiling. Also, in this section, a list of requirements relevant to the Racial Profiling Law as established by TCOLE (Texas Commission on Law Enforcement) is included. In addition, you will find, in sections 2 and 3 documentation

which demonstrates compliance by the Dickinson Police Department relevant to the requirements as established in the Texas Racial Profiling Law. That is, you will find documents relevant to the implementation of an institutional policy banning racial profiling, the incorporation of a racial profiling complaint process and the training administered to all law enforcement personnel.

The last section of this report provides statistical data relevant to contacts, made during the course of motor vehicle stops, between 1/1/16 and 12/31/16. In addition, this section contains the TCOLE Tier 1 form, which is required to be submitted to this particular organization by March 1st of each year. The data in this report has been analyzed and compared to data derived from the U.S. Census Bureau’s Fair Roads Standard. The final analysis and recommendations are also included in this report. The findings in this report serve as evidence of the Dickinson Police Department’s commitment to comply with the Texas Racial Profiling Law.

Sincerely,

Alex del Carmen, Ph.D. Del Carmen Consulting, LLC

Table of Contents

(I) Introduction

a) Opening Statement

b) Table of Contents

c) TCOLE Guidelines

d) The Texas Law on Racial Profiling (S.B. 1074)

e) The Most Recent Legal Requirements (H.B. 3389)

(II) Responding to the Texas Racial Profiling Law

a) Institutional Policy on Racial Profiling

b) Educational Campaign Relevant to the Complaint Process— Addressing Allegations of Racial Profiling Practices

c) Racial Profiling Training of Law Enforcement Personnel

d) Report on Complaints Filed Against Officers for Violating the Racial Profiling Law (includes outcome of investigation)

e) Police Contact Information Table (2016)/Known Ethnicity and Race of Detained and TCOLE Tier 1 Form

f) Table Depicting Baseline Comparison (2016)

g) Analysis and Interpretation of Data (2016)

(III) Summary

a) Checklist

b) Contact Information

TCOLE GUIDELINES

Guidelines for Compiling and Reporting Data under Senate Bill 1074 Background Senate Bill 1074 of the 77th Legislature established requirements in the Texas Code of Criminal Procedure (TCCP) for law enforcement agencies. The Commission developed this document to assist agencies in complying with the statutory requirements.

The guidelines are written in the form of standards using a style developed from accreditation organizations including the Commission on Accreditation for Law Enforcement Agencies (CALEA). The standards provide a description of what must be accomplished by an agency but allows wide latitude in determining how the agency will achieve compliance with each applicable standard.

Each standard is composed of two parts: the standard statement and the commentary. The standard statement is a declarative sentence that places a clear-cut requirement, or multiple requirements, on an agency. The commentary supports the standard statement but is not binding. The commentary can serve as a prompt, as guidance to clarify the intent of the standard, or as an example of one possible way to comply with the standard.

Standard 1 Each law enforcement agency has a detailed written directive that:  clearly defines acts that constitute racial profiling;  strictly prohibits peace officers employed by the agency from engaging in racial profiling;  implements a process by which an individual may file a complaint with the agency if the individual believes a peace officer employed by the agency has engaged in racial profiling with respect to the individual filing the complaint;  provides for public education relating to the complaint process;  requires appropriate corrective action to be taken against a peace officer employed by the agency who, after investigation, is shown to have engaged in racial profiling in violation of the agency’s written racial profiling policy; and  requires the collection of certain types of data for subsequent reporting.

Commentary Article 2.131 of the TCCP prohibits officers from engaging in racial profiling, and article 2.132 of the TCCP now requires a written policy that contains the elements listed in this standard. The article also specifically defines a law enforcement agency as it applies to this statute as an “ agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers’ official duties.”

The article further defines race or ethnicity as being of “a particular descent, including Caucasian, African, Hispanic, Asian, or Native American.” The statute does not limit the required policies to just these ethnic groups.

This written policy is to be adopted and implemented no later than January 1, 2002.

Standard 2 Each peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic, or who stops a pedestrian for any suspected offense reports to the employing law enforcement agency information relating to the stop, to include:  a physical description of each person detained, including gender and the person’s race or ethnicity, as stated by the person, or, if the person does not state a race or ethnicity, as determined by the officer’s best judgment;  the traffic law or ordinance alleged to have been violated or the suspected offense;  whether the officer conducted a search as a result of the stop and, if so, whether the person stopped consented to the search;  whether any contraband was discovered in the course of the search, and the type of contraband discovered;  whether probable cause to search existed, and the facts supporting the existence of that probable cause;  whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged;  the street address or approximate location of the stop; and  whether the officer issued a warning or citation as a result of the stop, including a description of the warning or a statement of the violation charged.

Commentary The information required by 2.133 TCCP is used to complete the agency reporting requirements found in Article 2.134. A peace officer and an agency may be exempted from this requirement under Article 2.135 TCCP Exemption for Agencies Using Video and Audio Equipment. An agency may be exempt from this reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds. Section 2.135 (a)(2) states, “the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a) (1) (A) and the agency does not receive from the state funds for video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose.”

Standard 3 The agency compiles the information collected under 2.132 and 2.133 and analyzes the information identified in 2.133.

Commentary Senate Bill 1074 from the 77th Session of the Texas Legislature created requirements for law enforcement agencies to gather specific information and to report it to each county or municipality served. New sections of law were added to the Code of Criminal Procedure regarding the reporting of traffic and pedestrian stops. Detained is defined as when a person stopped is not free to leave.

Article 2.134 TCCP requires the agency to compile and provide and analysis of the information collected by peace officer employed by the agency. The report is provided to the governing body of the municipality or county no later than March 1 of each year and covers the previous calendar year.

There is data collection and reporting required based on Article 2.132 CCP (tier one) and Article 2.133 CCP (tier two).

The minimum requirements for “tier one” data for traffic stops in which a citation results are: 1) the race or ethnicity of individual detained (race and ethnicity as defined by the bill means of “a particular descent, including Caucasian, African, Hispanic, Asian, or Native American”); 2) whether a search was conducted, and if there was a search, whether it was a consent search or a probable cause search; and 3) whether there was a custody arrest.

The minimum requirements for reporting on “tier two” reports include traffic and pedestrian stops. Tier two data include: 1) the detained person’s gender and race or ethnicity; 2) the type of law violation suspected, e.g., hazardous traffic, non-hazardous traffic, or other criminal investigation (the Texas Department of Public Safety publishes a categorization of traffic offenses into hazardous or non-hazardous); 3) whether a search was conducted, and if so whether it was based on consent or probable cause; 4) facts supporting probable cause; 5) the type, if any, of contraband that was collected; 6) disposition of the stop, e.g., arrest, ticket, warning, or release; 7) location of stop; and 8) statement of the charge, e.g., felony, misdemeanor, or traffic.

Tier one reports are made to the governing body of each county or municipality served by the agency an annual report of information if the agency is an agency of a county, municipality, or other political subdivision of the state. Tier one and two reports are reported to the county or municipality not later than March 1 for the previous calendar year beginning March 1, 2003. Tier two reports include a comparative analysis between the race and ethnicity of persons detained to see if a differential pattern of treatment can be discerned based on the disposition of stops including searches resulting from the stops. The reports also include information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. An agency may be exempt from the tier two reporting requirement by applying for the funds from the Department of Public Safety for video and audio equipment and the State does not supply those funds [See 2.135 (a)(2) TCCP].

Reports should include both raw numbers and percentages for each group. Caution should be exercised in interpreting the data involving percentages because of statistical distortions caused by very small numbers in any particular category, for example, if only one American Indian is stopped and searched, that stop would not provide an accurate comparison with 200 stops among Caucasians with 100 searches. In the first case, a 100% search rate would be skewed data when compared to a 50% rate for Caucasians.

Standard 4 If a law enforcement agency has video and audio capabilities in motor vehicles regularly used for traffic stops, or audio capabilities on motorcycles regularly used to make traffic stops, the agency:  adopts standards for reviewing and retaining audio and video documentation; and  promptly provides a copy of the recording to a peace officer who is the subject of a complaint on written request by the officer.

Commentary The agency should have a specific review and retention policy. Article 2.132 TCCP specifically requires that the peace officer be promptly provided with a copy of the audio or video recordings if the officer is the subject of a complaint and the officer makes a written request.

Standard 5 Agencies that do not currently have video or audio equipment must examine the feasibility of installing such equipment.

Commentary None

Standard 6 Agencies that have video and audio recording capabilities are exempt from the reporting requirements of Article 2.134 TCCP and officers are exempt from the reporting requirements of Article 2.133 TCCP provided that:  the equipment was in place and used during the proceeding calendar year; and  video and audio documentation is retained for at least 90 days.

Commentary The audio and video equipment and policy must have been in place during the previous calendar year. Audio and video documentation must be kept for at least 90 days or longer if a complaint has been filed. The documentation must be retained until the complaint is resolved. Peace officers are not exempt from the requirements under Article 2.132 TCCP.

Standard 7 Agencies have citation forms or other electronic media that comply with Section 543.202 of the Transportation Code.

Commentary Senate Bill 1074 changed Section 543.202 of the Transportation Code requiring citations to include:  race or ethnicity, and  whether a search of the vehicle was conducted and whether consent for the search was obtained.

The Texas Law on Racial Profiling

S.B. No. 1074

AN ACT relating to the prevention of racial profiling by certain peace officers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Articles 2.131 through 2.138 to read as follows:

Art. 2.131. RACIAL PROFILING PROHIBITED. A peace officer may not engage in racial profiling. Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING. (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties. (2) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to traffic stops in which a citation is issued and to arrests resulting from those traffic stops, including information relating to:

(A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the person detained consented to the search; and (7) require the agency to submit to the governing body of each county or municipality served by the agency an annual report of the information collected under Subdivision (6) if the agency is an agency of a county, municipality, or other political subdivision of the state. (c) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make traffic stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make traffic stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a traffic stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (f) On the commencement of an investigation by a law enforcement agency of a complaint described by Subsection (b)(3) in which a video or audio recording of the occurrence on which the complaint is based was made, the agency shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint on written request by the officer.

Art. 2.133. REPORTS REQUIRED FOR TRAFFIC AND

PEDESTRIAN STOPS. (a) In this article: (1) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest.

(b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance regulating traffic or who stops a pedestrian for any suspected offense shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of each person detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the traffic law or ordinance alleged to have been violated or the suspected offense; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband was discovered in the course of the search and the type of contraband discovered; (5) whether probable cause to search existed and the facts supporting the existence of that probable cause; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of the offense charged;

(7) the street address or approximate location of the stop; and (8) whether the officer issued a warning or a citation as a result of the stop, including a description of the warning or a statement of the violation charged. Art. 2.134. COMPILATION AND ANALYSIS OF INFORMATION COLLECTED. (a) In this article, "pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest. (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each local law enforcement agency shall submit a report containing the information compiled during the previous calendar year to the governing body of each county or municipality served by the agency in a manner approved by the agency. (c) A report required under Subsection (b) must include:

(1) a comparative analysis of the information compiled under Article 2.133 to: (A) determine the prevalence of racial profiling by peace officers employed by the agency; and (B) examine the disposition of traffic and pedestrian stops made by officers employed by the agency, including searches resulting from the stops; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a traffic or pedestrian stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education shall develop guidelines for compiling and reporting information as required by this article. (f) The data collected as a result of the reporting requirements of this article shall not constitute prima facie evidence of racial profiling.

Art. 2.135. EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and a law enforcement agency is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make traffic and pedestrian stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make traffic and pedestrian stops is equipped with transmitter-activated equipment; and (B) each traffic and pedestrian stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each traffic and pedestrian stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a traffic or pedestrian stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. Art. 2.136. LIABILITY. A peace officer is not liable for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 or under a policy adopted under Article 2.132.

Art. 2.137. PROVISION OF FUNDING OR EQUIPMENT. (a) The Department of Public Safety shall adopt rules for providing funds or video and audio equipment to law enforcement agencies for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), including specifying criteria to prioritize funding or equipment provided to law enforcement agencies. The criteria may include consideration of tax effort, financial hardship, available revenue, and budget surpluses. The criteria must give priority to: (1) law enforcement agencies that employ peace officers whose primary duty is traffic enforcement; (2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. (b) The Department of Public Safety shall collaborate with an institution of higher education to identify law enforcement agencies that need funds or video and audio equipment for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A). The collaboration may include the use of a survey to assist in developing criteria to prioritize funding or equipment provided to law enforcement agencies. (c) To receive funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency needs funds or video and audio equipment for that purpose. (d) On receipt of funds or video and audio equipment from the state for the purpose of installing video and audio equipment as described by Article 2.135(a)(1)(A), the governing body of a county or municipality, in conjunction with the law enforcement agency serving the county or municipality, shall certify to the Department of Public Safety that the law enforcement agency has installed video and audio equipment as described by Article 2.135(a)(1)(A) and is using the equipment as required by Article 2.135(a)(1).

Art. 2.138. RULES. The Department of Public Safety may adopt rules to implement Articles 2.131-2.137. SECTION 2. Chapter 3, Code of Criminal Procedure, is amended by adding Article 3.05 to read as follows: Art. 3.05. RACIAL PROFILING. In this code, "racial profiling" means a law enforcement-initiated action based on an individual's race, ethnicity, or national origin rather than on the individual's behavior or on information identifying the individual as having engaged in criminal activity. SECTION 3. Section 96.641, Education Code, is amended by adding Subsection (j) to read as follows: (j) As part of the initial training and continuing education for police chiefs required under this section, the institute shall establish a program on racial profiling. The program must include an examination of the best practices for: (1) monitoring peace officers' compliance with laws and internal agency policies relating to racial profiling; (2) implementing laws and internal agency policies relating to preventing racial profiling; and (3) analyzing and reporting collected information.

SECTION 4. Section 1701.253, Occupations Code, is amended by adding Subsection (e) to read as follows: (e) As part of the minimum curriculum requirements, the commission shall establish a statewide comprehensive education and training program on racial profiling for officers licensed under this chapter. An officer shall complete a program established under this subsection not later than the second anniversary of the date the officer is licensed under this chapter or the date the officer applies for an intermediate proficiency certificate, whichever date is earlier.

SECTION 5. Section 1701.402, Occupations Code, is amended by adding Subsection (d) to read as follows: (d) As a requirement for an intermediate proficiency certificate, an officer must complete an education and training program on racial profiling established by the commission under Section 1701.253(e). SECTION 6. Section 543.202, Transportation Code, is amended to read as follows: Sec. 543.202. FORM OF RECORD. (a) In this section, "race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, or Native American descent. (b) The record must be made on a form or by a data processing method acceptable to the department and must include:

(1) the name, address, physical description, including race or ethnicity, date of birth, and driver's license number of the person charged; (2) the registration number of the vehicle involved; (3) whether the vehicle was a commercial motor vehicle as defined by Chapter 522 or was involved in transporting hazardous materials; (4) the person's social security number, if the person was operating a commercial motor vehicle or was the holder of a commercial driver's license or commercial driver learner's permit; (5) the date and nature of the offense, including whether the offense was a serious traffic violation as defined by Chapter 522; (6) whether a search of the vehicle was conducted and whether consent for the search was obtained; (7) the plea, the judgment, and whether bail was forfeited; (8) [(7)] the date of conviction; and (9) [(8)] the amount of the fine or forfeiture.

SECTION 7. Not later than January 1, 2002, a law enforcement agency shall adopt and implement a policy and begin collecting information under the policy as required by Article 2.132, Code of Criminal Procedure, as added by this Act. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.132, Code of Criminal Procedure, as added by this Act, on March 1, 2003. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2002, and ending December 31, 2002. SECTION 8. A local law enforcement agency shall first submit information to the governing body of each county or municipality served by the agency as required by Article 2.134, Code of Criminal Procedure, as added by this Act, on March 1, 2004. The first submission of information shall consist of information compiled by the agency during the period beginning January 1, 2003, and ending December 31, 2003.

SECTION 9. Not later than January 1, 2002: (1) the Commission on Law Enforcement Officer Standards and Education shall establish an education and training program on racial profiling as required by Subsection (e), Section 1701.253, Occupations Code, as added by this Act; and (2) the Bill Blackwood Law Enforcement Management

Institute of Texas shall establish a program on racial profiling as required by Subsection (j), Section 96.641, Education Code, as added by this Act. SECTION 10. A person who on the effective date of this Act holds an intermediate proficiency certificate issued by the Commission on Law Enforcement Officer Standards and Education or has held a peace officer license issued by the Commission on Law Enforcement Officer Standards and Education for at least two years shall complete an education and training program on racial profiling established under Subsection (e), Section 1701.253, Occupations Code, as added by this Act, not later than September 1, 2003.

SECTION 11. An individual appointed or elected as a police chief before the effective date of this Act shall complete a program on racial profiling established under Subsection (j), Section 96.641, Education Code, as added by this Act, not later than September 1, 2003. SECTION 12. This Act takes effect September 1, 200

______President of the Senate Speaker of the House

I hereby certify that S.B. No. 1074 passed the Senate on April 4, 2001, by the following vote: Yeas 28, Nays 2; May 21, 2001, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 22, 2001, House granted request of the Senate; May 24, 2001, Senate adopted Conference Committee Report by a viva-voce vote.

______Secretary of the Senate

I hereby certify that S.B. No. 1074 passed the House, with amendments, on May 15, 2001, by a non-record vote; May 22, 2001, House granted request of the Senate for appointment of Conference Committee; May 24, 2001, House adopted Conference Committee Report by a non-record vote.

______Chief Clerk of the House

Approved:

______Date

______Governor

Most Recent Legal Requirements (H.B. 3389)

Amend CSHB 3389 (Senate committee report) as follows: (1) Strike the following SECTIONS of the bill: (A) SECTION 8, adding Section 1701.164, Occupations Code (page 4, lines 61-66); (B) SECTION 24, amending Article 2.132(b), Code of Criminal Procedure (page 8, lines 19-53); (C) SECTION 25, amending Article 2.134(b), Code of Criminal Procedure (page 8, lines 54-64); (D) SECTION 28, providing transition language for the amendments to Articles 2.132(b) and 2.134(b), Code of Criminal Procedure (page 9, lines 40-47). (2) Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly: SECTION ____. Article 2.132, Code of Criminal Procedure, is amended by amending Subsections (a), (b), (d), and (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision of the state, that employs peace officers who make motor vehicle [traffic] stops in the routine performance of the officers' official duties. (2) "Motor vehicle stop" means an occasion in which a peace officer stops a motor vehicle for an alleged violation of a law or ordinance. (3) "Race or ethnicity" means of a particular descent, including Caucasian, African, Hispanic, Asian, [or] Native American, or Middle Eastern descent. (b) Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle [traffic] stops in which a citation is issued and to arrests made as a result of [resulting from] those [traffic] stops, including information relating to: (A) the race or ethnicity of the individual detained; and (B) whether a search was conducted and, if so, whether the individual [person] detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit [to the governing body of each county or municipality served by the agency] an annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement Officer Standards and Education; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. (d) On adoption of a policy under Subsection (b), a law enforcement agency shall examine the feasibility of installing video camera and transmitter-activated equipment in each agency law enforcement motor vehicle regularly used to make motor vehicle [traffic] stops and transmitter-activated equipment in each agency law enforcement motorcycle regularly used to make motor vehicle [traffic] stops. If a law enforcement agency installs video or audio equipment as provided by this subsection, the policy adopted by the agency under Subsection (b) must include standards for reviewing video and audio documentation. (e) A report required under Subsection (b)(7) may not include identifying information about a peace officer who makes a motor vehicle [traffic] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the collection of information as required by a policy under Subsection (b)(6). (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b)(7), the commission shall begin disciplinary procedures against the chief administrator. SECTION ____. Article 2.133, Code of Criminal Procedure, is amended to read as follows: Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE [TRAFFIC AND PEDESTRIAN] STOPS. (a) In this article, "race[: [(1) "Race] or ethnicity" has the meaning assigned by Article 2.132(a). [(2) "Pedestrian stop" means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest.] (b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance [regulating traffic or who stops a pedestrian for any suspected offense] shall report to the law enforcement agency that employs the officer information relating to the stop, including: (1) a physical description of any [each] person operating the motor vehicle who is detained as a result of the stop, including: (A) the person's gender; and (B) the person's race or ethnicity, as stated by the person or, if the person does not state the person's race or ethnicity, as determined by the officer to the best of the officer's ability; (2) the initial reason for the stop [traffic law or ordinance alleged to have been violated or the suspected offense]; (3) whether the officer conducted a search as a result of the stop and, if so, whether the person detained consented to the search; (4) whether any contraband or other evidence was discovered in the course of the search and a description [the type] of the contraband or evidence [discovered]; (5) the reason for the search, including whether: (A) any contraband or other evidence was in plain view; (B) any probable cause or reasonable suspicion existed to perform the search; or (C) the search was performed as a result of the towing of the motor vehicle or the arrest of any person in the motor vehicle [existed and the facts supporting the existence of that probable cause]; (6) whether the officer made an arrest as a result of the stop or the search, including a statement of whether the arrest was based on a violation of the Penal Code, a violation of a traffic law or ordinance, or an outstanding warrant and a statement of the offense charged; (7) the street address or approximate location of the stop; and (8) whether the officer issued a written warning or a citation as a result of the stop[, including a description of the warning or a statement of the violation charged]. SECTION ____. Article 2.134, Code of Criminal Procedure, is amended by amending Subsections (a) through (e) and adding Subsection (g) to read as follows: (a) In this article: (1) "Motor vehicle[, "pedestrian] stop" has the meaning assigned by Article 2.132(a) [means an interaction between a peace officer and an individual who is being detained for the purpose of a criminal investigation in which the individual is not under arrest]. (2) "Race or ethnicity" has the meaning assigned by Article 2.132(a). (b) A law enforcement agency shall compile and analyze the information contained in each report received by the agency under Article 2.133. Not later than March 1 of each year, each [local] law enforcement agency shall submit a report containing the incident-based data [information] compiled during the previous calendar year to the Commission on Law Enforcement Officer Standards and Education and, if the law enforcement agency is a local law enforcement agency, to the governing body of each county or municipality served by the agency [in a manner approved by the agency]. (c) A report required under Subsection (b) must be submitted by the chief administrator of the law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, and must include: (1) a comparative analysis of the information compiled under Article 2.133 to: (A) evaluate and compare the number of motor vehicle stops, within the applicable jurisdiction, of persons who are recognized as racial or ethnic minorities and persons who are not recognized as racial or ethnic minorities [determine the prevalence of racial profiling by peace officers employed by the agency]; and (B) examine the disposition of motor vehicle [traffic and pedestrian] stops made by officers employed by the agency, categorized according to the race or ethnicity of the affected persons, as appropriate, including any searches resulting from [the] stops within the applicable jurisdiction; and (2) information relating to each complaint filed with the agency alleging that a peace officer employed by the agency has engaged in racial profiling. (d) A report required under Subsection (b) may not include identifying information about a peace officer who makes a motor vehicle [traffic or pedestrian] stop or about an individual who is stopped or arrested by a peace officer. This subsection does not affect the reporting of information required under Article 2.133(b)(1). (e) The Commission on Law Enforcement Officer Standards and Education, in accordance with Section 1701.162, Occupations Code, shall develop guidelines for compiling and reporting information as required by this article. (g) On a finding by the Commission on Law Enforcement Officer Standards and Education that the chief administrator of a law enforcement agency intentionally failed to submit a report required under Subsection (b), the commission shall begin disciplinary procedures against the chief administrator. SECTION ____. Article 2.135, Code of Criminal Procedure, is amended to read as follows: Art. 2.135. PARTIAL EXEMPTION FOR AGENCIES USING VIDEO AND AUDIO EQUIPMENT. (a) A peace officer is exempt from the reporting requirement under Article 2.133 and the chief administrator of a law enforcement agency, regardless of whether the administrator is elected, employed, or appointed, is exempt from the compilation, analysis, and reporting requirements under Article 2.134 if: (1) during the calendar year preceding the date that a report under Article 2.134 is required to be submitted: (A) each law enforcement motor vehicle regularly used by an officer employed by the agency to make motor vehicle [traffic and pedestrian] stops is equipped with video camera and transmitter-activated equipment and each law enforcement motorcycle regularly used to make motor vehicle [traffic and pedestrian] stops is equipped with transmitter-activated equipment; and (B) each motor vehicle [traffic and pedestrian] stop made by an officer employed by the agency that is capable of being recorded by video and audio or audio equipment, as appropriate, is recorded by using the equipment; or (2) the governing body of the county or municipality served by the law enforcement agency, in conjunction with the law enforcement agency, certifies to the Department of Public Safety, not later than the date specified by rule by the department, that the law enforcement agency needs funds or video and audio equipment for the purpose of installing video and audio equipment as described by Subsection (a)(1)(A) and the agency does not receive from the state funds or video and audio equipment sufficient, as determined by the department, for the agency to accomplish that purpose. (b) Except as otherwise provided by this subsection, a law enforcement agency that is exempt from the requirements under Article 2.134 shall retain the video and audio or audio documentation of each motor vehicle [traffic and pedestrian] stop for at least 90 days after the date of the stop. If a complaint is filed with the law enforcement agency alleging that a peace officer employed by the agency has engaged in racial profiling with respect to a motor vehicle [traffic or pedestrian] stop, the agency shall retain the video and audio or audio record of the stop until final disposition of the complaint. (c) This article does not affect the collection or reporting requirements under Article 2.132. (d) In this article, "motor vehicle stop" has the meaning assigned by Article 2.132(a). SECTION ____. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.1385 to read as follows: Art. 2.1385. CIVIL PENALTY. (a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134, the agency is liable to the state for a civil penalty in the amount of $1,000 for each violation. The attorney general may sue to collect a civil penalty under this subsection. (b) From money appropriated to the agency for the administration of the agency, the executive director of a state law enforcement agency that intentionally fails to submit the incident-based data as required by Article 2.134 shall remit to the comptroller the amount of $1,000 for each violation. (c) Money collected under this article shall be deposited in the state treasury to the credit of the general revenue fund. SECTION ____. Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.022 to read as follows: Art. 102.022. COSTS ON CONVICTION TO FUND STATEWIDE REPOSITORY FOR DATA RELATED TO CIVIL JUSTICE. (a) In this article, "moving violation" means an offense that: (1) involves the operation of a motor vehicle; and (2) is classified as a moving violation by the Department of Public Safety under Section 708.052, Transportation Code. (b) A defendant convicted of a moving violation in a justice court, county court, county court at law, or municipal court shall pay a fee of 10 cents as a cost of court. (c) In this article, a person is considered convicted if: (1) a sentence is imposed on the person; (2) the person receives community supervision, including deferred adjudication; or (3) the court defers final disposition of the person's case. (d) The clerks of the respective courts shall collect the costs described by this article. The clerk shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county or municipal treasury, as appropriate. (e) The custodian of a county or municipal treasury shall: (1) keep records of the amount of funds on deposit collected under this article; and (2) send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter. (f) A county or municipality may retain 10 percent of the funds collected under this article by an officer of the county or municipality as a collection fee if the custodian of the county or municipal treasury complies with Subsection (e). (g) If no funds due as costs under this article are deposited in a county or municipal treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected. (h) The comptroller shall deposit the funds received under this article to the credit of the Civil Justice Data Repository fund in the general revenue fund, to be used only by the Commission on Law Enforcement Officer Standards and Education to implement duties under Section 1701.162, Occupations Code. (i) Funds collected under this article are subject to audit by the comptroller. SECTION ____. (a) Section 102.061, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments made to Section 102.061, Government Code, by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows: Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a statutory county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20; (2) a fee for services of the clerk of the court (Art. 102.005, Code of Criminal Procedure) . . . $40; (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) . . . $25; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . $50 [$5]; [and] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5; and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. (b) Section 102.061, Government Code, as amended by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 102.061, Government Code, as reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section. SECTION ____. (a) Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to conform to the amendments made to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, and is further amended to read as follows: Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows:

(1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $20; (2) a fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) . . . $40; (3) a records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) . . . $25; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (5) a juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . $50 [$5]; [and] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5; and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. (b) Section 102.081, Government Code, as amended by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session, 2007, is repealed. Section 102.081, Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, to reorganize and renumber that section, continues in effect as further amended by this section. SECTION ____. Section 102.101, Government Code, is amended to read as follows: Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, Code of Criminal Procedure) . . . $3; (3) a jury fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $4; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0173, Code of Criminal Procedure) . . . $4; (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5; (7) a fee on conviction of certain offenses involving issuing or passing a subsequently dishonored check (Art. 102.0071, Code of Criminal Procedure) . . . not to exceed $30; [and] (8) a court cost on conviction of a Class C misdemeanor in a county with a population of 3.3 million or more, if authorized by the county commissioners court (Art. 102.009, Code of Criminal Procedure) . . . not to exceed $7; and (9) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. SECTION ____. Section 102.121, Government Code, is amended to read as follows: Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court shall collect fees and costs on conviction of a defendant as follows: (1) a jury fee (Art. 102.004, Code of Criminal Procedure) . . . $3; (2) a fee for withdrawing request for jury less than 24 hours before time of trial (Art. 102.004, Code of Criminal Procedure) . . . $3; (3) a jury fee for two or more defendants tried jointly (Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; (4) a security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) . . . $3; (5) a fee for technology fund on a misdemeanor offense (Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; [and] (6) a juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) . . . not to exceed $5; and (7) a civil justice fee (Art. 102.022, Code of Criminal Procedure) . . . $0.10. SECTION ____. Subchapter D, Chapter 1701, Occupations Code, is amended by adding Section 1701.164 to read as follows: Sec. 1701.164. COLLECTION OF CERTAIN INCIDENT-BASED DATA SUBMITTED BY LAW ENFORCEMENT AGENCIES. The commission shall collect and maintain incident-based data submitted to the commission under Article 2.134, Code of Criminal Procedure, including incident-based data compiled by a law enforcement agency from reports received by the law enforcement agency under Article 2.133 of that code. The commission in consultation with the Department of Public Safety, the Bill Blackwood Law Enforcement Management Institute of Texas, the W. W. Caruth, Jr., Police Institute at Dallas, and the Texas Police Chiefs Association shall develop guidelines for submitting in a standard format the report containing incident-based data as required by Article 2.134, Code of Criminal Procedure. SECTION ____. Subsection (a), Section 1701.501, Occupations Code, is amended to read as follows: (a) Except as provided by Subsection (d), the commission shall revoke or suspend a license, place on probation a person whose license has been suspended, or reprimand a license holder for a violation of: (1) this chapter; (2) the reporting requirements provided by Articles 2.132 and 2.134, Code of Criminal Procedure; or (3) a commission rule. SECTION ____. (a) The requirements of Articles 2.132, 2.133, and 2.134, Code of Criminal Procedure, as amended by this Act, relating to the compilation, analysis, and submission of incident-based data apply only to information based on a motor vehicle stop occurring on or after January 1, 2010. (b) The imposition of a cost of court under Article 102.022, Code of Criminal Procedure, as added by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

(II) Responding to the Law

Institutional Policy on Racial Profiling

DICKINSON POLICE DEPARTMENT

Policy 2.2 Bias Based Policing Effective Date: Replaces: N/A 07/18/2011

Approved: ______Chief of Police

Reference: TBP 2.01.1

I. POLICY

We are committed to a respect for constitutional rights in the performance of our duties. Our success is based on the respect we give to our communities, and the respect members of the community observe toward law enforcement. To this end, we shall exercise our sworn duties, responsibilities, and obligations in a manner that does not discriminate on the basis of race, sex, gender, national origin, ethnicity, age, or religion. All people carry biases: in law enforcement, however, the failure to control our biases can lead to illegal arrests, searches, and detentions, thus thwarting the mission of our department. Most importantly, actions guided by bias destroy the trust and respect essential for our mission to succeed. We live and work in communities very diverse in population: respect for diversity and equitable enforcement of the law are essential to our mission.

All enforcement actions, particularly stops of individuals (for traffic and other purposes), investigative detentions, arrests, searches and seizures of persons or property, shall be based on the standards of reasonable suspicion or probable cause as required by the Fourth Amendment to the U. S. Constitution and statutory authority. In all enforcement decisions, officers shall be able to articulate specific facts, circumstances, and conclusions which support probable cause or reasonable suspicion for arrests, searches, seizures, and stops of individuals. Officers shall not stop, detain, arrest, search, or attempt to search anyone based solely upon the person's race, sex, sexual orientation, gender, national origin, ethnicity, age, or religion. Officers shall base all such actions on a reasonable suspicion that the person or an occupant of a vehicle committed an offense.

All departmental orders are informed and guided by this directive. Nothing in this order limits non-enforcement contacts between officers and the public.

II. PURPOSE

The purpose of this order is to provide general guidance on reducing the presence of bias in law enforcement actions, to identify key contexts in which bias may influence these actions, and emphasize the importance of the constitutional guidelines within which we operate.

III. DEFINITIONS

Most of the following terms appear in this order. In any case, these terms appear in the larger public discourse about alleged biased enforcement behavior and in other orders. These definitions are intended to facilitate on-going discussion and analysis of our enforcement practices.

A. Bias: Prejudice or partiality which may be based on preconceived ideas, a person's upbringing, culture, experience, or education.

B. Biased policing: Stopping, detaining, searching, or attempting to search, or using force against a person based upon his or her race, ethnic background, gender, sexual orientation, religion, economic status, age, cultural group, or any other identifiable group.

C. Ethnicity: A cluster of characteristics which may include race but also cultural characteristics or traits which are shared by a group with a common experience or history.

D. Gender: Unlike sex, a psychological classification based on cultural characteristics or traits.

E. Probable cause: Facts or apparent facts and circumstances within an officer's knowledge and of which the officer had reasonable, trustworthy information to lead a reasonable person to believe that an offense has been or is being committed, and that the suspect has committed it.

F. Race: A category of people of a particular decent, including Caucasian, African, Hispanic, Asian, or Native American descent. As distinct from ethnicity, race only refers to physical characteristics sufficiently distinctive to group people under a classification.

G. Racial profiling: A law-enforcement initiated action based on an individual’s race, ethnicity, or national origin rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity.

H. Reasonable suspicion: Articulable, objective facts which lead an experienced officer to suspect that a person has committed, is committing, or may be about to commit a crime. A well-founded suspicion is based on the totality of the circumstances and does not exist unless it can be articulated. Reasonable suspicion supports a stop of a person. Courts require that stops based on reasonable suspicion be "objectively reasonable."

I. Sex: A biological classification, male or female, based on physical and genetic characteristics.

J. Stop: The detention of a subject for a brief period of time, based on reasonable suspicion. A stop is investigative detention.

IV. PROCEDURES

A. General responsibilities

1. Officers are prohibited from engaging in bias based profiling or stopping, detaining, searching, arresting, or taking any enforcement action including seizure or forfeiture activities, against any person based solely on the person’s race, national origin, citizenship, religion, ethnicity, age, gender, color, creed, sexual orientation, disability, or economic status. These characteristics, however, may form part of reasonable suspicion or probable cause when officers are seeking a suspect with one or more of these attributes. (TBP: 2.01.1)

2. Reasonable suspicion or probable cause shall form the basis for any enforcement actions or decisions. Individuals shall only be subjected to stops, seizures, or detention upon reasonable suspicion that they have committed, are committing, or are about to commit an offense. Officers shall document the elements of reasonable suspicion and probable cause in appropriate reports.

3. Officers shall observe all constitutional safeguards and shall respect the constitutional rights of all persons.

a. As traffic stops furnish a primary source of bias-related complaints, officers shall have a firm understanding of the warrantless searches allowed by law, particularly the use of consent. How the officer disengages from a traffic stop may be crucial to a person's perception of fairness or discrimination.

b. Officers shall not use the refusal or lack of cooperation to justify a search of the person or vehicle or a prolonged detention once reasonable suspicion has been dispelled.

4. All personnel shall treat everyone with the same courtesy and respect that they would have others observe to department personnel. To this end, personnel are reminded that the exercise of courtesy and respect engenders a future willingness to cooperate with law enforcement.

a. Personnel shall facilitate an individual’s access to other governmental services whenever possible, and shall actively provide referrals to other appropriate agencies. b. All personnel shall courteously accept, document, and forward to the Chief of Police any complaints made by an individual against the department

5. When feasible, personnel shall offer explanations of the reasons for enforcement actions or other decisions that bear on individual’s well-being unless the explanation would undermine an investigation or jeopardize an officer's safety. When concluding an encounter, personnel shall thank him or her for cooperating.

6. When feasible, all personnel shall identify themselves by name. When a person requests the information, personnel shall give their departmental identification number, name of the immediate supervisor, or any other reasonable information.

7. All personnel are accountable for their actions. Personnel shall justify their actions when required.

B. Supervisory responsibilities

1. Supervisors shall be held accountable for the observance of constitutional safeguards during the performance of their duties. Supervisors shall identify and correct instances of bias in the work of their subordinates.

2. Supervisors shall use the disciplinary mechanisms of the department to ensure compliance with this order and the constitutional requirements of law enforcement.

3. Supervisors shall be mindful that in accounting for the actions and performance of subordinates, supervisors are key to maintaining community trust in law enforcement. Supervisors shall continually reinforce the ethic of impartial enforcement of the laws, and shall ensure that personnel, by their actions, maintain the community's trust in law enforcement.

4. Supervisors are reminded that biased enforcement of the laws engenders not only mistrust of law enforcement, but increases safety risks to personnel. Lack of control over bias also exposes the department to liability consequences. Supervisors shall be held accountable for repeated instances of biased enforcement of their subordinates.

5. Supervisors shall ensure that all enforcement actions are duly documented per departmental policy. Supervisors shall ensure that all reports show adequate documentation of reasonable suspicion and probable cause, if applicable.

6. Supervisors shall facilitate the filing of any complaints about law enforcement service.

C. Disciplinary consequences

Actions prohibited by this order shall be cause for disciplinary action, up to and including dismissal.

D. Training (TBP: 2.01.1)

1. Officers shall complete all training required by state law regarding bias based profiling.

V. COMPLAINTS

A. The department shall publish “How to Make a Complaint” folders and make them available at all city facilities and other public locations throughout the city. The department’s complaint process and its bias based profiling policy will be posted on the department’s website. Whenever possible, the media will be used to inform the public of the department’s policy and complaint process.

B. Complaints alleging incidents of bias based profiling will be fully investigated as described under Policy 2.4.

C. Complainants will be notified of the results of the investigations when such investigation is completed.

VI. RECORD KEEPING

A. The department will maintain all required records on traffic stops where a citation is issued or where an arrest is made subsequent to a traffic stop pursuant to state law.

B. The information collected above will be reported to the city council annually.

C. The information will also be reported to TCLEOSE in the required format.

Complaint Process: Informing the Public and Addressing Allegations of Racial Profiling Practices

Informing the Public on the Process of Filing a Racial Profiling Complaint with the Dickinson Police Department

The Texas Racial Profiling Law requires that police agencies provide information to the public regarding the manner in which to file a racial profiling complaint. In an effort to comply with this particular component, the Dickinson Police Department launched an educational campaign aimed at informing the public on issues relevant to the racial profiling complaint process.

The police department made available, in the lobby area and on its web site, information relevant to filing a complaint on a racial profiling violation by a Dickinson Police officer. It is believed that through these efforts, the community has been properly informed of the new policies and the complaint processes relevant to racial profiling.

Racial Profiling Training

Since 2002, all Dickinson Police officers have been instructed, as specified in the Texas Racial Profiling Law, to adhere to all Texas Commission on Law Enforcement (TCOLE) training and the Law Enforcement Management Institute of Texas (LEMIT) requirements. To date, all sworn officers of the Dickinson Police Department have completed the TCOLE basic training on racial profiling. The main outline used to train the officers of Dickinson has been included in this report.

It is important to recognize that the Chief of the Dickinson Police Department has also met the training requirements, as specified by the Texas Racial Profiling Law, in the completion of the LEMIT program on racial profiling. The satisfactory completion of the racial profiling training by the sworn personnel of the Dickinson Police Department fulfills the training requirement as specified in the Education Code (96.641) of the Texas Racial Profiling Law.

Racial Profiling Course Number 3256 Texas Commission on Law Enforcement September 2001

Racial Profiling 3256 Instructor's Note: You may wish to teach this course in conjunction with Asset Forfeiture 3255 because of the related subject matter and applicability of the courses. If this course is taught in conjunction with Asset Forfeiture, you may report it under Combined Profiling and Forfeiture 3257 to reduce data entry.

Abstract This instructor guide is designed to meet the educational requirement for racial profiling established by legislative mandate: 77R-SB1074.

Target Population: Licensed law enforcement personnel in Texas

Prerequisites: Experience as a law enforcement officer

Length of Course: A suggested instructional time of 4 hours

Material Requirements: Overhead projector, chalkboard and/or flip charts, video tape player, handouts, practical exercises, and demonstrations

Instructor Qualifications: Instructors should be very knowledgeable about traffic stop procedures and law enforcement issues

Evaluation Process and Procedures An examination should be given. The instructor may decide upon the nature and content of the examination. It must, however, sufficiently demonstrate the mastery of the subject content by the student.

Reference Materials Reference materials are located at the end of the course. An electronic copy of this instructor guide may be downloaded from our web site at http://www.tcleose.state.tx.us.

Racial Profiling 3256 1.0 RACIAL PROFILING AND THE LAW

1.1 UNIT GOAL: The student will be able to identify the legal aspects of racial profiling.

1.1.1 LEARNING OBJECTIVE: The student will be able to identify the legislative requirements placed upon peace officers and law enforcement agencies regarding racial profiling.

Racial Profiling Requirements: Racial profiling CCP 3.05 Racial profiling prohibited CCP 2.131 Law enforcement policy on racial profiling CCP 2.132 Reports required for traffic and pedestrian stops CCP 2.133 Liability CCP 2.136 Racial profiling education for police chiefs Education Code 96.641 Training program Occupations Code 1701.253 Training required for intermediate certificate Occupations Code 1701.402 Definition of "race or ethnicity" for form Transportation Code 543.202 A. Written departmental policies 1. Definition of what constitutes racial profiling 2. Prohibition of racial profiling 3. Complaint process 4. Public education 5. Corrective action 6. Collection of traffic-stop statistics 7. Annual reports

B. Not prima facie evidence

C. Feasibility of use of video equipment

D. Data does not identify officer

E. Copy of complaint-related video evidence to officer in question

F. Vehicle stop report 1. Physical description of detainees: gender, race or ethnicity 2. Alleged violation 3. Consent to search 4. Contraband 5. Facts supporting probable cause 6. Arrest 7. Warning or citation issued

G. Compilation and analysis of data

H. Exemption from reporting – audio/video equipment

I. Officer non-liability

J. Funding

K. Required training in racial profiling 1. Police chiefs 2. All holders of intermediate certificates and/or two-year-old licenses as of 09/01/2001 (training to be completed no later than 09/01/2003) – see legislation 77R-SB1074

1.1.2 LEARNING OBJECTIVE: The student will become familiar with Supreme Court decisions and other court decisions involving appropriate actions in traffic stops.

A. Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769 (1996) 1. Motor vehicle search exemption 2. Traffic violation acceptable as pretext for further investigation 3. Selective enforcement can be challenged

B. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868 (1968) 1. Stop & Frisk doctrine 2. Stopping and briefly detaining a person 3. Frisk and pat down

C. Other cases 1. Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330 (1977) 2. Maryland v. Wilson, 117 S.Ct. 882 (1997) 3. Graham v. State, 119 MdApp 444, 705 A.2d 82 (1998) 4. Pryor v. State, 122 Md.App. 671 (1997) cert. denied 352 Md. 312, 721 A.2d 990 (1998) 5. Ferris v. State, 355 Md. 356, 735 A.2d 491 (1999) 6. New York v. Belton, 453 U.S. 454 (1981)

2.0 RACIAL PROFILING AND THE COMMUNITY

2.1 UNIT GOAL: The student will be able to identify logical and social arguments against racial profiling.

2.1.1 LEARNING OBJECTIVE: The student will be able to identify logical and social arguments against racial profiling. A. There are appropriate reasons for unusual traffic stops (suspicious behavior, the officer's intuition, MOs, etc.), but police work must stop short of cultural stereotyping and racism

B. Racial profiling would result in criminal arrests, but only because it would target all members of a race randomly – the minor benefits would be far outweighed by the distrust and anger towards law enforcement by minorities and the public as a whole

C. Racial profiling is self-fulfilling bad logic: if you believed that minorities committed more crimes, then you might look for more minority criminals, and find them in disproportionate numbers

D. Inappropriate traffic stops generate suspicion and antagonism towards officers and make future stops more volatile – a racially-based stop today can throw suspicion on tomorrow's legitimate stop

E. By focusing on race, you would not only be harassing innocent citizens, but overlooking criminals of all races and backgrounds – it is a waste of law enforcement resources

3.0 RACIAL PROFILING VERSUS REASONABLE SUSPICION

3.1 UNIT GOAL: The student will be able to identify the elements of both inappropriate and appropriate traffic stops.

3.1.1 LEARNING OBJECTIVE: The student will be able to identify elements of a racially motivated traffic stop. A. Most race-based complaints come from vehicle stops, often since race is used as an inappropriate substitute for drug courier profile elements

B. "DWB" – "Driving While Black" – a nickname for the public perception that a Black person may be stopped solely because of their race (especially with the suspicion that they are a drug courier), often extended to other minority groups or activities as well ("Driving While Brown," "Flying While Black," etc.)

C. A typical traffic stop resulting from racial profiling 1. The vehicle is stopped on the basis of a minor or contrived traffic violation which is used as a pretext for closer inspection of the vehicle, driver, and passengers 2. The driver and passengers are questioned about things that do not relate to the traffic violation

3. The driver and passengers are ordered out of the vehicle 4. The officers visually check all observable parts of the vehicle 5. The officers proceed on the assumption that drug courier work is involved by detaining the driver and passengers by the roadside 6. The driver is asked to consent to a vehicle search – if the driver refuses, the officers use other procedures (waiting on a canine unit, criminal record checks, license-plate checks, etc.), and intimidate the driver (with the threat of detaining him/her, obtaining a warrant, etc.)

3.1.2 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which would constitute reasonable suspicion of drug courier activity. A. Drug courier profile (adapted from a profile developed by the DEA) 1. Driver is nervous or anxious beyond the ordinary anxiety and cultural communication styles 2. Signs of long-term driving (driver is unshaven, has empty food containers, etc.) 3. Vehicle is rented 4. Driver is a young male, 20-35 5. No visible luggage, even though driver is traveling 6. Driver was over-reckless or over-cautious in driving and responding to signals 7. Use of air fresheners

B. Drug courier activity indicators by themselves are usually not sufficient to justify a stop

3.1.3 LEARNING OBJECTIVE: The student will be able to identify elements of a traffic stop which could constitute reasonable suspicion of criminal activity. A. Thinking about the totality of circumstances in a vehicle stop

B. Vehicle exterior 1. Non-standard repainting (esp. on a new vehicle) 2. Signs of hidden cargo (heavy weight in trunk, windows do not roll down, etc.) 3. Unusual license plate suggesting a switch (dirty plate, bugs on back plate, etc.) 4. Unusual circumstances (pulling a camper at night, kids' bikes with no kids, etc.)

C. Pre-stop indicators 1. Not consistent with traffic flow 2. Driver is overly cautious, or driver/passengers repeatedly look at police car 3. Driver begins using a car- or cell-phone when signaled to stop 4. Unusual pull-over behavior (ignores signals, hesitates, pulls onto new street, moves objects in car, etc.)

D. Vehicle interior 1. Rear seat or interior panels have been opened, there are tools or spare tire, etc. 2. Inconsistent items (anti-theft club with a rental, unexpected luggage, etc.)

Resources Proactive Field Stops Training Unit – Instructor's Guide, Maryland Police and Correctional Training Commissions, 2001. (See Appendix A.) Web address for legislation 77R-SB1074: http://tlo2.tlc.state.tx.us/tlo/77r/billtext/SB01074F.htm

Report on Complaints

The following table contains data regarding officers that have been the subject of a complaint, during the time period of 1/1/16---12/31/16, based on allegations outlining possible violations related to the Texas Racial Profiling Law. The final disposition of the case is also included.

X A check above indicates that the Dickinson Police Department has not received any complaints, on any members of its police force, for having violated the Texas Racial Profiling Law during the time period of 1/1/16 ---- 12/31/16.

Complaints Filed for Possible Violations of The Texas Racial Profiling Law Complaint Alleged Violation Disposition of the Case No.

Additional Comments: ______

Tables Illustrating Traffic and Motor Vehicle-Related Contacts

Tier 1 Data

(I) Tier 1 Data

Motor Vehicle-Related Contact Information (1/1/16—12/31/16) Race/Ethnicity* Contacts Searches Consensual PC Searches Custody Searches Arrests

N % N % N % N % N % Caucasian 2,075 56 26 51 5 50 21 51 58 34 African 751 20 20 39 4 40 16 39 57 33 Hispanic 431 12 4 8 1 10 3 7 56 33 Asian 122 3 0 0 0 0 0 0 1 .6 Native 1 .02 0 0 0 0 0 0 0 0 American Middle Eastern 5 .1 0 0 0 0 0 0 0 0 Other 304 8 1 2 0 0 1 2 0 0

Total 3,689 100 51 100 10 100 41 100 172 100 “N” represents “number” of traffic-related contacts * Race/Ethnicity is defined by Senate Bill 1074 as being of a “particular descent, including Caucasian, African, Hispanic, Asian, Native American or Middle Eastern”. **Figure has been rounded

Tier 1 Data (Motor Vehicle Contacts in Percentages) 60

0 Motor Vehicle Contacts

Caucasian African Hispanic Asian Native American Middle Eastern Other

Tier 1 Data (Frequency of Searches) 200 180 160 140 120 100 80 60 40 20 0 Searches Consent PC

Caucasian African Hispanic Asian Native American Middle Eastern Other

Tier 1 Data (Arrests in Percentages) 40

0 Arrests

Caucasian African Hispanic Asian Native American Middle Eastern Other

Total Number of Instances where Officers Knew/did not Know Race/Ethnicity of Individuals Before Being Detained (1/1/16--12/31/16) Total Number of Total Number of Instances where Officers Instances where Officers Knew Race and Ethnicity Did Not Know the Race of Individuals Before and Ethnicity of Being Detained Individuals Before Being Detained

32 3,657

Known Race/Ethnicity (Frequencies) 4000

3500

3000

2500

2000

1500

1000

500

0 Race/Ethnicity

Known Not Known

Tier 1 (Partial Exemption TCLEOSE Form)

Partial Exemption Racial Profiling Reporting (Tier 1) Department Name Dickinson Police Department Agency Number 167213 Chief Administrator Name Chief Ron Morales Reporting Name Terri Rogers Contact Number 281-337-6315

E-mail Address [email protected]

Certification to Report 2.132 (Tier 1) – Partial Exemption Policy Requirements (2.132(b) CCP): Each law enforcement agency in this state shall adopt a detailed written policy on racial profiling. The policy must: (1) clearly define acts constituting racial profiling; (2) strictly prohibit peace officers employed by the agency from engaging in racial profiling; (3) implement a process by which an individual may file a complaint with the agency if the individual believes that a peace officer employed by the agency has engaged in racial profiling with respect to the individual; (4) provide public education relating to the agency's complaint process; (5) require appropriate corrective action to be taken against a peace officer employed by the agency who, after an investigation, is shown to have engaged in racial profiling in violation of the agency's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A) the Commission on Law Enforcement Officer Standards and Education; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state.

These polices are in effect

01/11/2017 Chief Administrator Date

Partial Exemption Racial Profiling Reporting

(Tier 1)

Video and Audio Equipment Exemption Partial Exemption Claimed by (2.135(a) CCP): All cars regularly used for motor vehicle stops are equipped with video camera and transmitter-activated equipment and each motor stop is recorded and the recording of the stop is retained for at least 90 days after the stop. OR

□ In accordance with 2.135(a)(2) the agency has requested and not received funds to install the recording equipment

I claim this exemption

Chief Administrator Date

Partial Exemption Racial Profiling Reporting (Tier 1) (This is the TCLEOSE recommended form. The form is not mandatory. The information contained in this form, however, is mandatory. You may use your form, but all information must be provided.)

If you claim a partial exemption you must submit a report that contains the following data or use this format to report the data.

Instructions: Please fill out all boxes. If zero, use 0.

1. Total on lines 4, 11, 14, and 17 Must be equal

2. Total on line 20 Must equal line 15

Number of Motor Vehicle Stops:

1. 3,647 citation only

2. 172 arrest only

3. 42 both

4. 3,861Total

Race or Ethnicity:

5. 808 African

6. 123 Asian

7. 2,437 Caucasian

8. 487 Hispanic

9. 5 Middle Eastern

10. 1 Native American

11. 3,861Total

Race or Ethnicity Known Prior to Stop?

12. 34 Yes

13. 3,827 No

14. 3,861 Total

Search Conducted:

15. 75 Yes

16. 3,786 No

17. 3,861 Total

Was Search Consented?

18. 19 Yes

19. 56 No

20. 75 Total Must Equal # 15

Option to submit required data by utilizing agency report

You must submit your report in PDF format

Electronic Submission of data required by 2.132(b)(6) CCP (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and This report meets the above requirements

______01/11/2017__

Chief Administrator Date

Send entire documents electronically to this website www.tcleose.state.tx.us

Tier 1 Baseline Comparison (Fair Roads Standard)

(II) Motor Vehicle-Contacts and Fair Roads Standard Comparison Comparison of motor vehicle-related contacts with households in Dickinson that have vehicle access (in percentages). (1/1/16—12/31/16) Race/Ethnicity* Contacts Households with vehicle (in percentages) access (in percentages)

Caucasian 56 67 African 20 11 Hispanic 12 21 Asian 3 0 Native American .02 N/A Middle Eastern .1 N/A Other 8 N/A

Total 100 99** * Race/Ethnicity are defined by Senate Bill 1074 as being of a “particular descent, including Caucasian, African, Hispanic, Asian, Native American and Middle Eastern”. **Represents rounded figure

Motor Vehicle Contacts and Households (Percentages) 2016 80

0 Caucasian African Hispanic Asian Native Middle Eastern Other American

Contacts Households

Analysis and Interpretation of Data

Analysis

In 2001, the Texas legislature passed Senate Bill 1074 which became the Texas Racial Profiling Law. That is, the law came into effect on January 1, 2002 and required all police departments in Texas, to collect traffic-related data and report this information to their local governing authority by March 1st of each year. In 2009, the racial profiling law was modified to include the collection and reporting of all motor vehicle related contacts where a citation was issued or arrest made. In addition, the modification to the law further requires that all police officers indicate whether or not they knew the race or ethnicity of the individual before detaining them. Further, it is required that agencies report motor vehicle related data to their local governing authority and to the Texas Commission on Law Enforcement (TCOLE) by March 1st of each year. The purpose in collecting and presenting this information is to determine if police officers in a particular municipality are engaging in the practice of racially profiling minority motorists.

The Texas Racial Profiling Law also requires police departments to interpret motor vehicle-related data. Even though most researchers would probably agree with the fact that it is within the confines of good practice for police departments to be accountable to the citizenry while carrying a transparent image before the community, it is very difficult to determine if individual police officers are engaging in racial profiling, from a review and analysis of aggregate/institutional data. In other words, it is challenging for a reputable researcher to identify specific “individual” racist behavior from aggregate-level “institutional” data on traffic or motor vehicle-related contacts.

As stated previously, in 2009, the Texas Legislature passed House Bill 3389, which modified the existing Racial Profiling Law by adding new requirements; this took effect on January 1st, 2010. These most recent changes include, but are not exclusive of, the re-definition of a contact to include motor vehicles where a citation was issued or an arrest made. In addition, it requires police officers to indicate if they knew the race or ethnicity of the individual before detaining them. Also, the more recent law requires adding "middle eastern" to the racial and ethnic category and submitting the annual data report to TCOLE before March 1st of each year. I am pleased to inform you that these additional requirements have been addressed, since 2009, by the Dickinson Police Department as it is demonstrated throughout this report.

In an effort to comply with The Texas Racial Profiling Law, the Dickinson Police Department commissioned the analysis of its 2016 motor vehicle contact data. Thus, two different types of data analyses were performed. The first of these involved a careful evaluation of the 2016 motor vehicle-related data. This particular analysis measured, as required by the law, the number and percentage of Caucasians, African Americans, Hispanics, Asians, Native Americans, Middle Easterners and individuals belonging to the “other” category, that came in contact with the police in the course of a motor vehicle related contact, and were either issued a citation or arrested. Further, the analysis included information relevant to the number and percentage of searches (table 1) while indicating the type of search performed (i.e., consensual or probable cause). Also, the data analysis included the number and percentage of individuals who, after they came in contact with the police for a motor vehicle-related reason, were arrested.

The additional data analysis performed was based on a comparison of the 2016 motor vehicle contact data with a specific baseline. When reviewing this particular analysis, it should be noted that there is disagreement, in the literature, regarding the appropriate baseline to be used when analyzing motor vehicle-related contact information. Of the baseline measures available, the Dickinson Police Department opted to adopt, as a baseline measure, the Fair Roads Standard. This particular baseline is based on data obtained through the U.S. Census Bureau (2010) relevant to the number of households that have access to vehicles while controlling for the race and ethnicity of the heads of households.

It is clear that census data presents challenges to any effort made at establishing a fair and accurate racial profiling analysis. That is, census data contains information on all residents of a particular community, regardless of the fact they may or may not be among the driving population. Further, census data, when used as a baseline of comparison, presents the challenge that it captures information related to city residents only. Thus, excluding individuals who may have come in contact with the Dickinson Police Department in 2016 but live outside city limits. In some cases, the percentage of the population that comes in contact with the police but lives outside city limits represents a substantial volume of all motor vehicle-related contacts made in a given year.

Since 2002, several civil rights groups in Texas expressed their desire and made recommendations to the effect that all police departments should rely, in their data analysis, on the Fair Roads Standard. This source contains census data specific to the number of “households” that have access to vehicles. Thus, proposing to compare “households” (which may have multiple residents and only a few vehicles) with “contacts” (an individual-based count). This, in essence, constitutes a comparison that may result in ecological fallacy. Despite this, the Dickinson Police Department made a decision that it would use this form of comparison (i.e., census data relevant to households with vehicles) in an attempt to demonstrate its “good will” and “transparency” before the community. Thus, the Fair Roads Standard data obtained and used in this study is specifically relevant to Dickinson.

Tier 1 (2016) Motor Vehicle-Related Contact Analysis

When analyzing the Tier 1 data collected in 2016, it was evident that most motor vehicle- related contacts were made with Caucasian drivers. This was followed by African American and Hispanic drivers. With respect to searches, most of them were performed on Caucasian drivers. This was followed by African Americans and Hispanics. It is important to note that the arrest data revealed that Caucasian drivers were arrested the most in motor vehicle-related contacts; this was followed by African Americans and Hispanics.

Fair Roads Standard Analysis

The data analysis of motor vehicle contacts to the census data relevant to the number of “households” in Dickinson who indicated, in the 2010 census, that they had access to vehicles, produced interesting findings. Specifically, the percentage of individuals of African American and Asian descent that came in contact with the police was higher than the percentage of African American and Asian households in Dickinson that claimed, in the 2010 census, to have access to vehicles. With respect to Caucasians and Hispanics, a lower percentage of contacts were detected. That is, the percentage of Caucasian and Hispanic drivers that came in contact with the police in 2016 was lower than the percentage of Caucasian and Hispanic households in Dickinson with access to vehicles.

Summary of Findings

The comparison of motor vehicle contacts showed that the Dickinson Police Department came in contact (in motor vehicle-related incidents) with a smaller percentage of Caucasian and Hispanic drivers than the percentage that resided in Dickinson and had access to vehicles. Further, the data suggested that the percentage of African American and Asian drivers that came in contact with the police in 2016 was higher than the percentage of African American and Asian households in Dickinson with access to vehicles. In addition, the data showed that in a large number of instances, officers did not know the race or ethnicity of individuals before detaining them, when compared to instances where officers knew the race/ethnicity of individuals before they were detained.

While considering the findings made in this analysis, it is recommended that the Dickinson Police Department should continue to collect and evaluate additional information on motor vehicle contact data (i.e., reason for probable cause searches, contraband detected) which may prove to be useful when determining the nature of the contacts police officers are making with all individuals; particularly with African Americans and Asians. Although this additional data may not be required by state law, it is likely to provide insights regarding the nature and outcome of all motor vehicle contacts made with the public.

As part of this effort, the Dickinson Police Department is also encouraged to:

1) Perform an independent search analysis on the search data collected in the first quarter of 2017.

2) Commission data audits in 2017 in order to assess data integrity; that is, to ensure that the data collected is consistent with the data being reported.

The Dickinson Police Department has, once again, complied with the Texas Racial Profiling Law.

(III) Summary

Checklist

The following requirements were met by the Dickinson Police Department in accordance with The Texas Racial Profiling Law:

Clearly defined act or actions that constitute racial profiling

Statement indicating prohibition of any peace officer employed by the Dickinson Police Department from engaging in racial profiling

Implement a process by which an individual may file a complaint regarding racial profiling violations

Provide public education related to the complaint process

Implement disciplinary guidelines for officer found in violation of the Texas Racial Profiling Law

Collect data (Tier 1) that includes information on a) Race and ethnicity of individual detained b) Whether a search was conducted c) If there was a search, whether it was a consent search or a probable cause search d) Whether a custody arrest took place

Indicate total number of officers who knew and did not know, the race/ethnicity of individuals before being detained.

Produce an annual report on police contacts (Tier 1) and present this to local governing body and TCOLE by March 1, 2017.

Adopt a policy, if video/audio equipment is installed, on standards for reviewing video and audio documentation

Contact Information

Contact Information For additional questions regarding the information presented in this report, please contact:

Del Carmen Consulting, LLC 817.681.7840 www.texasracialprofiling.com www.delcarmenconsulting.com

Disclaimer: The author of this report, Alejandro del Carmen/del Carmen Consulting, LLC, is not liable for any omissions or errors committed in the acquisition, analysis, or creation of this report. Further, Dr. del Carmen/del Carmen Consulting is not responsible for the inappropriate use and distribution of information contained in this report. Further, no liability shall be incurred as a result of any harm that may be caused to individuals and/or organizations as a result of the information contained in this report.

Dickinson City Council Agenda Item Data Sheet

MEETING DATE: March 14, 2017

TOPIC: Presentation of Annual Racial Profiling Report as it relates to Senate Bill 1074 (Racial Profiling) for calendar year 2016 as required by Article 2.134 of the Texas Code of Criminal Procedure.

BACKGROUND: As it is not the policy of the Dickinson Fire Marshal’s Office to make traffic stops in the routine performance of our officers’ official duties, this office claims “Full Exemption” with the Texas Commission on Law Enforcement (TCOLE) for Racial Profiling Reporting.

RECOMMENDATION: Information for discussion only

ATTACHMENTS:  Copy of the Dickinson Fire Marshal’s Office 2016 electronic reporting to TCOLE

FUNDING ISSUES: Not applicable – no dollars are being spent or received. Full amount already budgeted in Acct/Project# ______

Not budgeted. FINANCE VERIFICATION OF FUNDING:

SUBMITTING STAFF MEMBER: CITY ADMINISTRATOR APPROVAL:

Lee Darrow, Fire Marshal

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 1 Racial Profiling Report | Exempt

Agency Name: DICKINSON FIRE MARSHAL'S OFFICE Reporting Date: 02/07/2017 TCOLE Agency Number: 167310 Chief Administrator: Leonard Darrow Agency Contact Information: Phone: N/A Email: N/A Mailing Address: N/A

FULL EXEMPTION RACIAL PROFILING REPORT Article 2.132 CCP Law Enforcement Policy on Racial Profiling

a.) In this article:

1.) "Law enforcement agency" means an agency of the state, or of a county, municipality , or other political subdivision of the state, that employs peace officers who make traffic stops in the routine performance of the officers' official duties.

I certify it is not the policy of this agency to make traffic stops in the routine performance of the officers' official duties.

Executed by: Leonard Darrow

Chief Administrator

DICKINSON FIRE MARSHAL'S OFFICE

Date: 02/07/2017

Submitted electronically to the

The Texas Commission on Law Enforcement ITEM 10

Dickinson City Council Agenda Item Data Sheet

MEETING DATE March 14, 2017

TOPIC: Possible Donation Of Desktop Computer Tower To Dickinson Volunteer Fire Department.

BACKGROUND: As most volunteer fire departments in the area, Dickinson Volunteer Fire Department (DVFD) is always looking for ways to reduce costs and/or raise additional revenue to provide firefighting services for the citizens of Dickinson and the surrounding community. Based on discussions with EMS Director Derek Hunt, DVFD’s office desktop computer tower has become inadequate for the Department’s needs due to age and needs to be replaced by a more powerful desktop computer tower.

In Fiscal Year 2015-2016, City of Dickinson replaced several computers, including desktop computer towers. The replaced computers have not yet been disposed of and would provide a higher level of computing performance than DVFD’s current office computer.

For this reason, I recommend that the Council consider donating a used desktop computer tower to Dickinson Volunteer Fire Department so DVFD can utilize the computer tower for its remaining useful life. If approved, the donation would be made through the Texas Forestry Service for the benefit of Dickinson Volunteer Fire Department as has been done for previous donations.

RECOMMENDATION: Staff recommends approval of the proposed donation.

ATTACHMENTS:  None.

FUNDING ISSUES: Not applicable – no dollars are being spent or received. Full amount already budgeted in Acct/Project# ______

Not budgeted FINANCE VERIFICATION OF FUNDING:

SUBMITTING STAFF MEMBER CITY ADMINISTRATOR APPROVAL

Alun W. Thomas, City Secretary

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 1 ITEM 11

Dickinson City Council Agenda Item Data Sheet

MEETING DATE: March 14, 2017

TOPIC: Proposed Opposition To Federal And State Mandates For Heavier And Longer Trucks On Highways And Roads And Authorizing The Mayor To Submit Letters Of Opposition On Behalf Of The City Concerning Such Mandates.

BACKGROUND: I recently met with Josh Collins, Regional Director for the Coalition Against Bigger Trucks (“CABT”) regarding their concerns about both State and Federal mandates for heavier and longer trucks on highways and roads. Mr. Collins requested that I submit letters of opposition to these mandates to both State and Federal Legislators on behalf of the City of Dickinson. The proposed letters are provided with this agenda item.

I request the Council’s feedback regarding the request for the City to submit letters of opposition to both State and Federal Legislators as requested by CABT.

RECOMMENDATION: None

ATTACHMENTS:  Copy of Email From Josh Collins With Coalition Against Bigger Trucks (CABT) To Mayor Julie Masters Dated March 7, 2017  Copy of Proposed Letter of Opposition to Mandates for Submission to Texas Legislators  Copy of Proposed Letter of Opposition to Mandates for Submission to Federal Legislators

FUNDING ISSUES: Not applicable – no dollars are being spent or received. Full amount already budgeted in Acct/Project# ______

Not budgeted. FINANCE VERIFICATION OF FUNDING:

SUBMITTING STAFF MEMBER: CITY ADMINISTRATOR APPROVAL:

Mayor Julie Masters

ACTIONS TAKEN APPROVAL READINGS PASSED OTHER YES NO 1st 2nd 3rd

PAGE 1 OF 1

DIVIDER PAGE

From: Masters, Julie (MAYOR) Sent: Tuesday, March 7, 2017 6:17 PM To: Robinson, Julie (CITY ADMIN) Subject: FW: CABT Follow Up with Mayor Masters Attachments: Mayor Masters - State Letters.docx; Mayor Masters - Dickinson - Federal.docx

I also have some additional material on the subject if you want to include it in the packet.

From: Josh Collins [mailto:[email protected]] Sent: Tuesday, March 07, 2017 1:30 PM To: Masters, Julie (MAYOR) Subject: FW: CABT Follow Up with Mayor Masters

Chief Warren -

Thank you again for meeting with me last week. I hope that you received my e-mail yesterday with the letters to the representatives attached. I sent them as one big batch, but I decided to split them up and re-send them because they are two distinct letters and there was a little confusion about which ones go where (the federal and state issues are slightly different).

Attached, you will find the two letters split apart – one for the federal representatives and one for the state representatives. Please let me know if you have any additional questions.

Again, I thank you for your time and hope that we can secure your support with these letters.

Josh Collins Regional Director Coalition Against Bigger Trucks (CABT) (202) 271-9887

From: Josh Collins Date: Monday, March 6, 2017 at 9:31 AM To: "Masters, Julie (MAYOR)" Subject: CABT Follow Up with Mayor Masters

Mayor Masters -

Thank you again for taking time out of your day to meet with the other day to talk a little bit more about the work that we do and our concerns about the mandate of heavier and longer trucks on our highways and roads.

Attached, you will find a sample letter that I created to send to the congressional delegation and state representatives. I would love to have your support. More than happy to speak to anybody on city council if they have more questions about this.

The leaders in Congress really do listen to city officials on this subject matter. When you get a moment, please give it a look and see if you like the way it sounds or if you would like to change anything. If you have any change requests, please let me know and I’ll be happy to edit them, or feel free to make any changes yourself. Whatever is easiest for you. In addition, I would love to get other city officials on board if possible. If you feel like this is something they might have interest in, please let me know.

In case you are fine with the letter and get approval, here are the instructions for sending to your members of Congress:

1. Print the letters on letterhead and sign 2. Scan the letters 3. Attach and send each letter via email to the appropriate staff person for each Representative/Senator 4. Please either blind copy me or forward me the e-mail so that we can track each letter of support. Here is the e-mail information for each person in the delegation:

Senator John Cornyn – c/o Madison Smith [email protected]

Senator Ted Cruz – c/o Austin Smithson [email protected]

Congresswoman Randy Weber – c/o Sarah Noack [email protected]

State Representative Greg Bonnen – c/o [email protected]

State Senator Joan Huffman – c/o [email protected]

Thank you again for the conversation. I had a great time chatting with you. Please let me know if you have any additional questions and I look forward to working with you moving ahead.

Josh Collins Regional Director Coalition Against Bigger Trucks (CABT) (202) 271-9887

DIVIDER PAGE

March 5, 2017

The Honorable Larry Taylor P.O. Box 12068 Capitol Station Austin, Texas 78711

Dear Senator Taylor,

On behalf of the citizens of Dickinson, I urge you to think very thoroughly about any potential legislative efforts in Austin that would allow greater truck sizes – such a bill came up a couple years ago that would have allowed tractor trailers an additional 17,000 pounds!

As a community from which many people commute out for work, our streets and infrastructure are key to economic success. Keeping our feeder streets to Interstate 45 as free-flowing as possible is something we keep in mind when looking at quality of life factors. It is my sincere belief that heavier and longer trucks would put more traffic on Highway 3 and Highway 517, and potentially spill more truck traffic onto our city-maintained streets.

Bridges are also a big concern in an area that is made up of many bayous and marshes – we have to utilize more of them than other communities. Most bridges are built to hold a maximum of 80,000 pounds, so any vehicle weighing over 80,000 pounds is over the safety margin of that bridge significantly decreases its life span. This, of course, is not only a very expensive proposition for taxpayers, it’s a dangerous one too. According to a 2016 study by USDOT, heavier trucks over the 80,000 lb. weight had much higher crash rates than the current 80,000 lb. trucks.

While I understand the need for economic efficiency, we should really be forthcoming about the fact that these savings on the front end could easily be outweighed on the back end by greatly accelerated damage to infrastructure that taxpayers will pay for as well as public safety.

Thank you for listening to the voice of our community!

March 5, 2017

The Honorable Greg Bonnen P.O. Box 2910 Capitol Station Austin, Texas 78768

Dear Representative Bonnen,

Thank you for listening to the voice of our community!

DIVIDER PAGE

March 5, 2017

The Honorable John Cornyn United States Senate 517 Hart Senate Office Building Washington, DC 20510

Dear Senator Cornyn,

On behalf of the citizens of Dickinson, I urge you to consider thoroughly any potential legislative efforts would allow greater truck sizes – whether in the form of longer configurations or overall weight increases.

As a community from which many people commute out for work, our streets and infrastructure are key to economic success. Keeping our feeder streets to Interstate 45 as free from congestion as possible is something we keep in mind when looking at quality of life factors. It is my sincere belief that heavier and longer trucks would put more traffic on Highway 3 and Highway 517, and potentially spill more truck traffic onto our city-maintained streets.

According to a 2016 study by USDOT, heavier trucks over 80,000 pounds had much higher crash rates than the current 80,000 lb. trucks in limited state testing. Longer double trucks could be a nightmare for our Public Works Department here in Dickinson – these trucks often having difficulty completing turns, and have been known to take out signs, lamp posts, and power lines as well as bust up the concrete on our street corners.

While I understand the need for economic efficiency, we should really be forthcoming about the fact that these potential savings on the front end could easily be outweighed on the back end by greatly accelerated damage to infrastructure, which taxpayers would be forced to pay for, as well as public safety.

Thank you for listening to the voice of our community!

March 5, 2017

The Honorable Ted Cruz United States Senate 404 Russell Senate Office Building Washington, DC 20510

Dear Senator Cruz,

Thank you for listening to the voice of our community!

March 5, 2017

The Honorable Randy Weber United States House of Representatives 1708 Longworth House Office Building Washington, DC 20510

Dear Representative Weber,

Thank you for listening to the voice of our community!

ITEM 12

EXECUTIVE SESSION

RECESS TIME:______ITEM 13

RECONVENE

TIME:______ITEM 14

MATTERS DISCUSSED IN EXECUTIVE SESSION

ITEM 15

ADJOURN

TIME: ______MOTION: ______SECOND: ______VOTE: ______

FYI

STAFF REPORTS

MEMORANDUM

TO: Honorable Mayor and Council Members

FROM: Bryan Milward, Management Assistant

CC: Julie M. Robinson, City Administrator

DATE: March 3, 2017

SUBJECT: Administration Department Monthly Staff Report – February 2017 ______MONTHLY WORKLOAD MEASURE STATISTICS

Open Records Requests Received and Processed: 20 Council Packets Prepared: 4 Ordinances and Resolutions Passed: 15

MONTHLY PERFORMANCE MEASURE STATISTICS

Council Minutes Transcribed Within Three (3) Bus. Days: 4 Training Sessions Completed: 1

NEW PROJECTS Collective Bargaining – On January 26, 2017, City Administrator Julie Robinson was notified by the Dickinson Police Officers Association (“DPOA”) of its request to negotiate a new Collective Bargaining Agreement. On February 21, 2017, Mrs. Robinson and Council Member Walter Wilson participated in the first meeting with representatives of the DPOA. A formal collective bargaining process has been implemented, and future meeting dates are currently being identified.

Issues Regarding Pine Forest Apartment Complex – During the month of February, City Administrator Julie Robinson, Director of Community Development Zach Meadows, and Fire Marshal Lee Darrow continued to work with the property owner’s representative to address code violations existing at Pine Forest Apartment Complex. A Corrective Action Plan for addressing all of the code violations has been submitted, and the owner’s ______ADMINISTRATION DEPARTMENT MONTHLY STAFF REPORT – FEBRUARY 2017 Page 1

representative is working to take all corrective actions identified. The City Team continues to work directly with the owner’s representative and is meeting with the owner’s representative on a regular basis to ensure that the violations are corrected in a timely and correct manner.

Training Events – City Administrator Julie Robinson attended the Great Exchange in Bryan, Texas on February 23 –24, 2017.

ONGOING/COMPLETED PROJECTS May 6, 2017 Election – The City began accepting applications for a place on the Dickinson City Council election ballot on Wednesday, January 18, 2017. The deadline for the City accepting applications for the Dickinson City Council election passed on Friday, February 17, 2017 at 5:00 p.m. On February 27, 2017 City Secretary Alun Thomas and Management Assistant Bryan Milward conducted the drawing for places on the election ballot for the election.

2017 Housing Family Fair – On February 18, 2017, the City hosted its 2017 Housing Family Fair at Mt. Carmel Baptist Church. Over the course of the event, 70 people attended and received information about their options for buying a home. Of the 70 individuals who attended, approximately 20 were pre-qualified by lenders at the event. Management Assistant Bryan Milward is summarizing the survey results from the participants and vendors to present at the next Fair Housing Work Group meeting on April 13, 2017.

Access Management Study – On February 9, 2017, City Administrator Julie Robinson, Community Development Director Zach Meadows, and Management Assistant Bryan Milward met with Jamal Elahi and Joel Clarke of Texas Department of Transportation (“TxDOT”) to discuss the City’s Access Management Study that was completed for FM 517 and Highway 3 and how to proceed with implementing recommendations contained therein for FM 517 from I-45 to FM 646. Mr. Elahi and Mr. Clarke agreed to research the City’s questions about right of way ownership along FM 517. Ms. Robinson requested that TxDOT undertake a traffic study at FM 517 and Rau Drive for a possible traffic signal.

Bayou Animal Services – In February, City Administrator Julie Robinson worked with City Attorney David Olson to prepare an amendment to the Bylaws for Bayou Animal Services Corporation regarding residency requirements for Board members. The Amendment was approved by the City Council on February 28, 2017. Mrs. Robinson is working to identify dates for the first meeting of the Board for Bayou Animal Services Corporation.

Issues with Certified Mail - Management Assistant Bryan Milward, Code Enforcement Officer Jeff Pahlman and Code Enforcement Officer Curtis Tarver met with Dickinson Postmaster Andrea Crossman to discuss issues the City has been having with not ______ADMINISTRATION DEPARTMENT MONTHLY STAFF REPORT – FEBRUARY 2017 Page 2

receiving signatures on certified mail items. Ms. Crossman agreed to monitor the situation, discuss the issue with her employees, report the issue to her district office, and communicate with the City to help prevent future issues.

Communications Plan – It is anticipated that a proposed Communications Plan will be presented to the City Council in March or April of 2017.

Drainage Utility Billing Implementation – City Secretary Alun Thomas and Mr. Milward worked on the format for the 2017 Drainage Fee Bill, and Mr. Thomas presented it to the Council for consideration at the February 14, 2017 meeting.

Dickinson Management District #1 Board Meeting – On February 20, 2017, City Administrator Julie Robinson and Chief Financial Officer Stephanie Russell attended the Board Meeting of Dickinson Management District #1. The Board addressed routine administrative items.

Economic Development Projects – City Administrator Julie Robinson and Interim DEDC Executive Director/Economic Development Coordinator Angela Forbes have been working with a number of businesses looking to locate and/or relocate in Dickinson and have been fielding numerous calls about possible projects for the different tracts owned by DEDC and the City. A considerable amount of work on the two large projects occurred in February, and both are progressing.

Dickinson Economic Development Corporation – City Administrator Julie Robinson, Chief Financial Officer Stephanie Russell, and City Attorney David Olson spent a considerable amount of time in February addressing different issues related to the development of an Interlocal Agreement between the City of Dickinson and Dickinson Economic Development Corporation. Drafting of the Interlocal Agreement is in process.

Electronic Records Management System – Management Assistant Bryan Milward obtained final first year quotes as well as cost estimates over five years from the remaining Electronic Content Management (ECM) system vendors. Mr. Milward, City Secretary Alun Thomas and City Administrator Julie Robinson presented information on the vendors systems, quotes, and plans for implementation at the February 28 Council Workshop. City Council provided direction to move forward with acquiring an ECM system and to accept staff’s recommendation to utilize the Laserfiche system.

Galveston County Transit District – Management Assistant Bryan Milward attended the Galveston County Transit District (GCTD) board meeting on February 22, 2017. The board meeting included a discussion on revenue from METRO that the board feels should be shared with GCTD and used to fund park and rides in Galveston County.

Gator Run Infrastructure Improvements – A1 Contracting completed the installation of the bus shelter located at the Dickinson Public Library bus stop on February 24, 2017.

______ADMINISTRATION DEPARTMENT MONTHLY STAFF REPORT – FEBRUARY 2017 Page 3

A1 along with Gulf Coast Center will be doing a final walkthrough on March 6, 2017 to review the installation and go over the punch-list for the project.

Household Hazardous Waste Event –Management Assistant Bryan Milward and City Secretary Alun Thomas in coordination with Bridget Kramer with the City of League City have begun promoting the event through flyers, newspaper advertising, social media, and billboard advertising. The City of Galveston has agreed to provide heavy equipment for the event. Stakeholders have scheduled a final preparation meeting for the event on March 15, 2017. The Household Hazardous Waste Event will be held on Saturday, April 8, 2017, at Gulf Greyhound Park.

Republic Services – On February 22, 2017, City Administrator Julie Robinson, City Secretary Alun Thomas, Management Assistant Bryan Milward and David Paulissen, General Manager for WCID #1 met with Steve Carroll of Republic Services to discuss Republic’s latest proposal to improve its situation with uncollectible billing. Republic’s proposal includes provisions requiring each resident to use a cart and switches from the current system of quarterly billing to monthly billing. Staff is currently waiting on additional data from Republic before bringing the proposal to City Council for review.

Southeast Texas Housing Finance Corporation Grant – Management Assistant Bryan Milward and Code Enforcement Officer Jeff Pahlman continued to add additional properties to the list of potential beneficiaries for the grant. Mr. Milward and Mr. Pahlman plan to begin work on properties on the list in March.

Southside Drainage Improvements – The Southside Drainage Improvement workgroup rescheduled its February 27, 2017 update meeting for March 13, 2017.

TxDOT Projects – There have been no changes to the various TxDOT projects since the last Administrative Staff Report.

______ADMINISTRATION DEPARTMENT MONTHLY STAFF REPORT – FEBRUARY 2017 Page 4

CITY OF DICKINSON

MEMORANDUM

To: Honorable Mayor and City Council

From: Zach Meadows, Director of Community Development

Cc: Julie Robinson, City Administrator

Date: March 1, 2017

RE: Community Development Activity Report for February, 2017

The month of February had 20 working days. In that time Community Development Staff completed the following activities:

Community Development Staff

 Staff Training:  Code Enforcement Officer, Jeff Pahlman will take the Certified Plumbing Inspector test held in Austin, Texas on May 16, 2017.

Budget Workload Measures

 Number of Plans Reviewed: 107  Number of Permits Issued: 390  Number of Code Violation Cases Started: 189

Planning & Zoning

 Pre-development meetings:  TXDOT IH-45 Project – Staff continues to meet with various property owners and representatives of the properties fronting IH-45, to discuss impacts the TXDOT widening project will have on their properties and businesses.  3632 Gulf Freeway – Staff continues to work with the developers/contractors for the new Phillips 66 Q Mart to be re-built at the listed address.  2015 FM 517 – Staff has been finishing out inspections of the new Marai’s Restaurant and anticipates issuing a Certificate of Occupancy within a couple weeks.  2800 Gulf Freeway – Demolition of the old structures at McRee Ford is in process. Staff has issued a Temporary Certificate of Occupancy for the overall project, and a final Certificate of Occupancy will be issued once the full demolition and new concrete have been finalized.

* Miscellaneous permits include signs, swimming pools, driveway’s, fences, irrigation, demolition, house moving, & permits issued for other departments. 1 | P a g e

CITY OF DICKINSON

 3911 Hwy 3 – Staff is working with the contractors responsible for the Amegy Bank project to be located at the address listed. Landscaping is being installed and contractors are making finishing touched on the inside of the building.  Zoning Case Preparation and Completion:  Staff has received a request for a Specific Use Permit at 4520 Plantation Bend for a Special Event Center on 5 acres or More in the Conventional Residential Zoning District. This Specific Use Permit request will be on the March 21, 2017 Planning & Zoning Meeting and will be before the City Council on March 28, 2017.

Permits & Inspections

 Commercial Projects:  Change of Occupancy Permits: . 3723 Fatta Dr. – Tas Proco LLC . 3500 Baker Dr. – Tuscan Cove Apartments (Name Change) . 2512 Termini St. Unit

 Commercial (Remodel-Tenant Finish) . 3303 Owens Dr. Space B – Dickinson ISD – Remodeling

 Commercial New . 300 E FM 517 – Expansion of the chapel.

 Residential Projects:  Permits have been issued for 10 new homes.  Permits have been issued for 7 residential remodel & addition projects.  75 Miscellaneous* permits issued.

 MEP Permits:  26 Mechanical permits issued.  25 Electrical permits issued.  34 Plumbing permits issued.

 CDBG Hurricane Ike Projects: . 0 House re-construction projects. . 0 Elevation projects.

 Plan Reviews, Inspections & Contractor Registrations:  33 plan reviews completed.  286 inspections completed.

* Miscellaneous permits include signs, swimming pools, driveway’s, fences, irrigation, demolition, house moving, & permits issued for other departments. 2 | P a g e

CITY OF DICKINSON

 93 contractor registrations processed.

 Total Valuation Of Improvements Permitted is $7,833,967.04  Total Permit Fees Collected $59,887.49

Code Enforcement

 Complaint Investigations:  32 new inspections & cases opened.  58 re-inspections.  22 Compliance – cases closed. . 2 abated by city staff. . 20 abated voluntarily.  4 citation issue.  8 hours cross training

 Conducted weekend sweeps of the city. Notice of violations delivered concerning:  11 vehicles illegally offered for sale.  147 Off premise signs in right of way.

 Building Standard Commission:  2 Structures demolished.  0 BSC hearing  0 Structures to be demolished

* Miscellaneous permits include signs, swimming pools, driveway’s, fences, irrigation, demolition, house moving, & permits issued for other departments. 3 | P a g e

Derek Hunt EMS Director 4403 Hwy 3, Dickinson, TX 77539 (281) 534-3031 ext.3102 (281) 534-3680 fax www.ci.dickinson.tx.us Email: [email protected]

TO: Honorable Mayor and City Council Members

FROM: Derek Hunt, EMS Director

DATE: March 1, 2017

SUBJECT: Monthly Report for February 2017 ______

Monthly Overview:

 Staff submitted purchase order to Frazer for purchase of new ambulance.

 Staff continues to test and interview for the single full-time Paramedic position and part- time medic positions within the service.

 EMS held a Morbidity and Mortality (M&M) review for respiratory call to break down the call and discuss treatments provided, feedback etc.

 Staff continues to meet and work with Dickinson ISD on the Stop the Bleed campaign partnership.

 Staff scheduled three dates in March-April with the Police Department for CPR/AED and Tourniquet training.

 Staff attended online webinar discussing Active Shooter Incidents in America and a breakdown of how multiple law enforcement, EMS and Fire agencies responded to each of the incidents.

MEMORANDUM Page 1 Dickinson EMS Monthly Report – February 2017

Health News / Information:

 Staff continues to monitor the Ebola virus and is working with state and federal agencies on recommendations for pre-hospital staff and the community.

 Staff continues to monitor the Zika virus outbreak and has begun training EMS staff on the virus, recognition and caring for patients infected with this virus.

 EMS will soon begin providing CPR / AED and tourniquet training for each City department. The end goal is to have all city staff trained in CPR/AED for adult, child and pediatrics as well as tourniquet use and application. This will be an ongoing project over 2 – 4 months.

March is National Colon Cancer Awareness Month

Among cancers that affect both men and women, colorectal cancer (cancer of the colon or rectum) is the second leading cause of cancer deaths in the United States. Every year, about 140,000 Americans are diagnosed with colorectal cancer, and more than 50,000 people die from it. But this disease is highly preventable, by getting screened beginning at age 50. Screening tests help prevent colorectal cancer by finding precancerous polyps (abnormal growths) so they can be removed. Screening also finds this cancer early, when treatment can be most effective.

What You Can Do

 If you’re aged 50 to 75, get screened for colorectal cancer regularly. If you’re between 76 and 85, ask your doctor if you should be screened.  Be physically active  Maintain a  Don’t drink too much alcohol  Don’t Smoke

MEMORANDUM Page 2 Dickinson EMS Monthly Report – February 2017

2017 Dickinson Emergency Medical Services Activity Report

EMS Activity* January February March April May June July August September October November December 2017 Total 2016 Total 2015 Total Assist 0 9 9 Call Cancelled(Prior to Arrival at Scene) 4 12 14 0 0 Cancelled on Scene /No Patient Found 14 4 18 n/a n/a Patient DOS, - No Resuscitation Attempted(without Transport) 4 2 6 28 28 Patient Treated, Released AMA 10 12 22 n/a n/a Call Cancelled(Prior to Arrival at Scene) 0 119 119 False Alarm (No Incident Occurred) 0 0 0 87 87 Call Cancelled (No Patient Contact) 0 0 0 30 30 Patient Evaluated, No Treatment, No Transport 39 37 76 668 668 Patient Treated, Transferred Care to Another EMS Professional 1 0 1 17 17 Stand By - Public Safety, Fire or EMS Operational Support Provided 1 5 6 14 14 Transported Lights/Siren 11 15 26 145 145 Transported No Lights/Siren 97 75 172 1,087 1,087 Transported No Lights/Siren, Upgraded 0 0 0 7 7 Patient Treated, Transported by Law Enforcement 2 2 4 2 2 Patient Treated, Transported by Private Vehicle 2 3 5 1 1 Treatment, No Transport 0 80 80 Mutual Aid - Patient Encounters 19 28 47 279 279 Total EMS Activities - Patient Reports* 204 195 397 2,573 2,573 Average Response Time 6.27 6.25 6.26 5.90 5.50

AIR MEDICAL TRANSPORTS 0 0 0 4 31

Dispatched Incidents In City 170 152 322 1970 1862 Out of City 30 40 70 540 646 Total Dispatched Incidents for Dickinson EMS* 200 192 392 2,510 2508

Mutual Aid Breakdown** January February March April May June July August September October November December YTD Total 2016 Total 2015 Total Mutual Aid Given to Other Services 6 15 21 184 190 Mutual Aid Received by Other Services 21 29 50 348 311 Mutual Aid Received by Other Services Avg Response Time 17 16 17 17 17

OTHER INFORMATION January February March April May June July August September October November December 2016 Total 2016 Total 2015 Total COLLECTIONS - 2017 $37,681.26 $32,452.49 $70,133.75 COLLECTIONS - 2016 $36,430.72 $28,181.87 $38,691.72 $36,406.75 $36,355.25 $44,412.39 $35,307.97 $43,583.98 $38,380.44 $39,834.48 $27,106.71 $40,423.43 $445,115.71 COLLECTIONS - 2015 $32,756.67 $44,913.56 $33,089.28 $34,192.90 $35,434.07 $41,998.88 $44,672.47 $32,205.01 $40,167.89 $36,754.14 $38,816.08 $36,036.63 $451,037.58 COLLECTIONS - 2014 $31,012.86 $31,326.20 $30,506.46 $30,143.23 $36,867.96 $31,283.02 $34,270.11 $44,510.04 $49,823.20 $25,045.23 $37,336.79 $39,143.20 COLLECTIONS - 2013 $44,788.62 $32,929.19 $41,366.80 $45,952.19 $37,193.42 $35,190.42 $45,294.67 $39,534.87 $30,684.50 $26,838.11 $24,769.16 $33,366.08 COLLECTIONS - 2012 $35,337.55 $38,399.36 $33,873.83 $35,337.55 $38,399.36 $33,873.83 $35,337.55 $38,399.36 $33,873.83 $49,067.67 $32,436.05 $48,582.90 COLLECTIONS - 2011 $34,931.36 $29,807.27 $45,092.56 $52,001.25 $36,692.17 $27,747.57 $32,327.43 $48,744.69 $39,978.64 $35,337.55 $38,399.36 $33,873.83 2014 Total 2013 Total 2012 Total $421,268.30 $437,908.03 $549,395.99 *Note: An incident may have multiple patients. ***Areas above in the EMS Activity that are grayed out are no longer **On 3 of the mutual aids into the city, EMS was used with the new NEMSIS 3.0 implementation. They have been included able to cover the call and disregard the inbound to reflect previous years data. mutual aid unit.

CALENDAR YEAR COLLECTIONS January February March April May June July August September October November December 2017 Total 2016 Total 2015 Total COLLECTIONS - 2017 $37,681.26 $32,452.49 $70,133.75 COLLECTIONS - 2016 $36,430.72 $28,181.87 $38,691.72 $36,406.75 $36,355.25 $44,412.39 $35,307.97 $43,583.98 $38,380.44 $39,834.48 $27,106.71 $40,423.43 $445,115.71 COLLECTIONS - 2015 $32,756.67 $44,913.56 $33,089.28 $34,192.90 $35,434.07 $41,998.88 $44,672.47 $32,205.01 $40,167.89 $36,754.14 $38,816.08 $36,036.63 $451,037.58 COLLECTIONS - 2014 $31,012.86 $31,326.20 $30,506.46 $30,143.23 $36,867.96 $31,283.02 $34,270.11 $44,510.04 $49,823.20 $25,045.23 $37,336.79 $39,143.20 COLLECTIONS - 2013 $44,788.62 $32,929.19 $41,366.80 $45,952.19 $37,193.42 $35,190.42 $45,294.67 $39,534.87 $30,684.50 $26,838.11 $24,769.16 $33,366.08 COLLECTIONS - 2012 $35,337.55 $38,399.36 $33,873.83 $35,337.55 $38,399.36 $33,873.83 $35,337.55 $38,399.36 $33,873.83 $49,067.67 $32,436.05 $48,582.90 COLLECTIONS - 2011 $34,931.36 $29,807.27 $45,092.56 $52,001.25 $36,692.17 $27,747.57 $32,327.43 $48,744.69 $39,978.64 $35,337.55 $38,399.36 $33,873.83 2014 Total 2013 Total 2012 Total $421,268.30 $437,908.03 $454,933.68 FISCAL YEAR COLLECTIONS October November December January February March April May June July August September TOTALS Collections 2010-2011 $43,575.06 $35,867.82 $34,527.20 $34,931.36 $29,807.27 $45,092.56 $52,001.25 $36,692.17 $27,747.57 $32,327.43 $48,744.69 $39,978.64 $461,293.02 Collections 2011-2012 $35,337.55 $38,399.36 $33,873.83 $35,337.55 $38,399.36 $33,873.83 $35,337.55 $38,399.36 $33,873.83 $35,337.55 $38,399.36 $33,873.83 $430,442.96 Collections 2012-2013 $49,067.67 $32,436.05 $48,582.90 $44,788.62 $32,929.19 $41,366.80 $45,952.19 $37,193.42 $35,190.42 $45,294.67 $39,534.87 $30,684.50 $483,021.30 Collections 2013-2014 $26,838.11 $24,769.16 $33,366.08 $31,012.86 $31,326.20 $30,506.46 $30,143.23 $36,867.96 $31,283.02 $34,270.11 $44,510.04 $49,823.20 $404,716.43 Collections 2014-2015 $25,045.23 $37,336.79 $39,143.20 $32,756.67 $44,913.56 $33,089.28 $34,192.90 $35,434.07 $41,998.88 $44,672.47 $32,205.01 $40,167.89 $440,955.95 Collections 2015-2016 $36,754.14 $38,816.08 $36,036.63 $36,430.72 $28,181.87 $38,691.72 $36,406.75 $36,355.25 $44,412.39 $35,307.97 $43,583.98 $38,380.44 $449,357.94 Collections 2016-2017 $39,834.48 $27,106.71 $40,423.43 $37,681.26 $32,452.49 $177,498.37 DEMS GOALS FOR FY 2016/2017 Fiscal Year 2016/2017 October November December January February March April May June July August September TOTALS Number of Calls 184 207 225 200 192 1008 Number of Patients Transported 95 94 106 126 91 512 Number of Public Education Programs Provided 1 1 1 2 2 7

DEMS PERFORMANCE MEASURES October November December January February March April May June July August September TOTALS Response Time to Scene within 8 minutes or less 68.30% 72.00% 74.00% 73.00% 73.00% Response provided by Mutual Aid 14% 11% 12.00% 10.00% 15.00% 12.40% Percent reduction in supply purchases n/a n/a n/a n/a n/a

WORKLOAD MEASURES Last FY Actual Current FY Estimate Next FY Estimate Number of Calls 2550 2560 2600 Numbr of Patients Transported 1370 1410 1450 Number of Public Education Programs Provided 8 12 24

DEMS PERFORMANCE MEASURES Last FY Actual Current FY Estimate Next FY Goal Response Time to Scene within 8 minutes or less 75.22% 76.00% 78.00% Response provided by Mutual Aid 13.00% 12.00% 11.00% Percent reduction in supply purchases N/A N/A 15.00% Counts Week Ending 2/5/17 2/12/17 2/19/17 2/26/17 3/5/17 3/12/17 3/19/17 3/26/17 4/2/17 4/9/17 4/16/17 4/23/17 4/30/17 Total 00:00 - 04:59 10 13 13 11 2 49 05:00 - 07:59 8 26 20 17 4 75 08:00 - 08:59 3 8 6 1 18 09:00 - 09:59 2 3 1 1 7 10:00 - 11:59 1 2 4 7 12:00 - 14:59 1 2 5 1 1 10 15:00 - 16:59 1 1 17:00 - 17:59 1 1 18:00 - 19:59 1 1 2 20:00 - 29:59 30:00 - 1:29:59 Total 23 53 50 36 8 170 Exceptions 0

% All Week Ending 2/5/17 2/12/17 2/19/17 2/26/17 3/5/17 3/12/17 3/19/17 3/26/17 4/2/17 4/9/17 4/16/17 4/23/17 4/30/17 Total 00:00 - 04:59 5.88% 7.65% 7.65% 6.47% 1.18% 28.82% 05:00 - 07:59 4.71% 15.29% 11.76% 10% 2.35% 44.12% 08:00 - 08:59 1.76% 4.71% 3.53% 0.59% 10.59% 09:00 - 09:59 1.18% 1.76% 0.59% 0.59% 4.12% 10:00 - 11:59 0.59% 1.18% 2.35% 4.12% 12:00 - 14:59 0.59% 1.18% 2.94% 0.59% 0.59% 5.88% 15:00 - 16:59 0.59% 0.59% 17:00 - 17:59 0.59% 0.59% 18:00 - 19:59 0.59% 0.59% 1.18% 20:00 - 29:59 30:00 - 1:29:59 Total 13.53% 31.18% 29.41% 21.18% 4.71% 100% Exceptions 0%

MEMORANDUM

TO: Honorable Mayor and Council Members FROM: Stephanie Russell, CGFO, Chief Financial Officer CC: Julie M. Robinson, City Administrator DATE: March 6, 2017 SUBJECT: Finance/Human Resources Staff Report – February 2017

Monthly Sales Tax Snapshot February Fiscal Year 2017 FY17 Sales Tax (Dec. Collections) To Date General Fund 574,645 1,584,434 DEDC 143,661 396,108 Street Maintenance 143,661 396,108 Total 861,967 2,376,650 Over/(Under) 20,658 (12,035) Original Budget Percent Difference 2.5% (0.0)% Monthly Workload Measure Statistics Accounts Payable/Purchasing Human Resources Invoices processed: 318 Vacant Positions Posted: 0 Purchase Orders Processed: 13 New Employees enrolled: 0 Staff Activities . Human Resources Regional Meeting – Chief Financial Officer Stephanie Russell and Administrative Services Coordinator Gabby Bernal attended the regular meeting in Rosenberg on February 8, 2017. . Certified Government Finance Officer (CGFO) – Chief Financial Officer Stephanie Russell successfully completed the Certified Government Finance Officer Certification Program February 10, 2017. The certification program is a broad ______MEMORANDUM Page 1

educational program designed to verify knowledge in the disciplines of government finance. . Meeting with Texas Municipal League Intergovernmental Risk Pool (TMLIRP) – Chief Financial Officer Stephanie Russell and Administrative Services Coordinator Gabby Bernal participated in an introductory meeting with the City’s TMLIRP representative. Finance . Competitive Sealed Bids – There were not any bids advertised during the month of February. . Distinguished Budget Submission – The FY2016-2017 was submitted to the Government Finance Officers Association’s Distinguished Budget Presentation Award Program for review In December. As of the end of February, staff had not received any notice regarding the status of the review. . Drainage Utility Billing Implementation – Chief Financial Officer Stephanie Russell continues to work with the new billing software provider, STW, to coordinate the transition to the system. In February, staff continued to work through the accounting controls to move bring transactions from the Utility Billing system into the General Ledger. . House Bill 3693 – In compliance with H.B. 3693, Chief Financial Officer Stephanie Russell posted utility consumption for the 2016 Calendar Year on the City’s website. . Transparency Stars Program – The Texas Comptroller of Public Accounts has announced a new program, Transparency Stars, which recognizes local governments that go above and beyond in their transparency efforts. To begin the process of establishing the City’s eligibility, staff will be adding reader-friendly financial data to the City’s website. In February, Chief Financial Officer Stephanie Russell participated in a demonstration by OpenGov to learn how the City’s current financial system, STW, may be used in conjunction with OpenGov to better meet the requirements of this program. Mrs. Russell is currently evaluating the cost-benefits of this program. . Year End Closing – The final audit and Comprehensive Annual Financial Report is anticipated to be complete in March. Human Resources . Gulf Coast Joint Salary Survey – In February, Arthur J. Gallagher & Co. released the salary survey to the pull cities. Several surveys have already been received – the survey deadline is mid-March. Corporation Support . Bayou Animal Services – Chief Financial Officer Stephanie Russell continued to assist with activities related to Bayou Animal Services Corporation. During the month of February, Mrs. Russell continued to assist with the acquisition of kennels ______MEMORANDUM Page 2

from the City of Baytown. The new-to-the city kennels were surplus items received by the City of Baytown from a Federal Auction. Additionally, Finance staff supported the Corporation by processing accounts receivable and accounts payable transactions. . Dickinson Economic Development Corporation (DEDC) – During the month of February, Chief Financial Officer Stephanie Russell submitted the annual financial report to the Comptroller’s Office on the Corporation’s behalf. Additionally, Finance staff supported the Corporation by processing accounts receivable and accounts payable transactions. Continuing Monthly Activities There are a number of activities that the Finance Department performs on a daily, weekly, bi-weekly, or monthly basis including: entering and posting journal entries to record account transactions; reviewing and processing invoices; processing payroll; verifying 380 grant payments; reconciling insurance deductions and payments; verifying credit card transactions; and reconciling bank and general ledger accounts.

______MEMORANDUM Page 3

Dickinson Fire Marshal’s Office 4403 Highway 3 Dickinson, TX 77539 281-337-6262 281-337-6290 Fax

MEMORANDUM

To: Honorable Mayor and City Council Members

From: Lee Darrow, Fire Marshal

Cc: Julie Robinson, City Administrator

Date: March 1, 2017

RE: Fire Marshal Staff Activity Report for February 2017

Staff Activity

- FMO staff attended the quarterly meeting for the Greater Houston Area Fire Marshal Council. The council is currently working to complete the implementation of an area Arson Task Force to assist local agencies in the event of a large scale incident.

- Assistant Fire Marshal Burt Heddles recently attended a two day training on the investigation of vehicle fires that was hosted by the League City FMO.

- Staff worked with TYCO on the installation and training of the newly upgraded burglar alarm system for the City Hall/Library complex. Although we had several programming hurdles, the system now seems to be functioning as designed. The addition of phone application and web-based software has made managing the system much easier.

- Update on the ongoing installation of recently purchased Opticom equipment. As previously mentioned, we could not install the equipment in the traffic control box located at IH-45 @ FM 517 due to equipment issues owned by TxDOT. Since they will not be updating this equipment until the competition of the IH- 45 expansion project, staff agreed to have the equipment moved to the intersection of SH-3 @ Deats Rd. This move and installation of equipment has been completed by the contractor, we are now waiting on TxDOT to make the final connection and program the equipment. Staff anticipates this to be completed within the next two weeks.

Investigations

- 2/02/2017 – 2400 Block Avenue G. Crews responded to a structure fire. Upon arrival they found heavy fire coming from the home. DVFD was able to extinguish the fire quickly preventing any major damage to the adjacent homes. The Fire Marshal’s Office investigated the cause of the fire and determined it to be an accidental electrical fire. No injuries were reported.

- 2/08/2017 – 4100 Block Lovers Lane. Crews responded to a report of an illegal burn at a location of land being cleared. Upon arrival it was found that the land owner had cleared several acres of land and had started to burn off 4 large piles of brush. Due to the size of the fires and lack of water on the property, DVFD responded to extinguish the fire. The land owner was found to be responsible for starting the fires and was cited for illegal burning.

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Fire Marshal Staff Activity Report Cont’d

- 2/17/2017 – 3700 Block Rau Dr. Crews responded to a reported structure fire. Upon arrival, crews found smoke coming the home. DVFD made entry and quickly extinguished a fire in the kitchen. Crews were advised that no occupants were home, however that there were two dogs in the home. Crews were able to get one dog out through the back door. Fire Marshal’s requested an ACO to make the scene to assist with the dog. ACO Sarah Sanders arrived and was able to round up the loose dog. Saunders ended up taking the dog back to the shelter to clean her up and watch the dog until the owners could retrieve her later in the day. Unfortunately the second dog had been overcome by smoke and did not make it. The fire was determined to have been an accidental electrical fire.

- Staff continues to assist Code Enforcement with various types of investigation, administrative search warrants and CE cases.

- Staff continues to assist Public Works with enforcement of violations of the Storm Water Pollution Prevention Ordinance.

Change of Occupancies/New Businesses

- Change of Occupancies; o 3723 Fatta Dr. – Additional space for an existing occupant (TAS Proco) o 682 W. FM 517 – Chloe Nails (change of ownership) o 3500 Baker – Tuscan Cove Apartments (for the purpose of a name change, formally Courtyard apartments)

Plan Reviews conducted and/or meetings for proposed new businesses

- Plan reviews and/or pre-development meetings; o Plan review for Cooking Hood Fire Suppression system; 3632 Gulf Frwy o Plan Review for Fire Alarm system; 608 W. FM 517

Licensed Facility and Home Inspections

- Conducted inspections at the following locations for state licensed daycares, foster care home, assisted living homes or related healthcare facilities;

o 630 FM 517 West – Conducted final inspection of Fire Alarm system for new addition to existing day care.

Monthly Workload Measure Statistics

Fire & Life Safety Inspections Performed: 86

Plans Reviewed: 2

Public Education Programs Provided: 0

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TO: Honorable Mayor and Council Members

FROM: Lindsay Henson, Library Director

CC: Julie M. Robinson, City Administrator

DATE: March 1, 2017

SUBJECT: Dickinson Public Library (DPL) Staff Report – February 2017 ______

WORKLOAD MEASURES

February 2017 Total Circulation Transactions: 2854 Number of Visits: 4263 Number of Programs Presented: 21

Year to Date Fiscal Year 16-17 Total Circulation Transactions: 13789 Number of Visits: 19391 Number of Programs Presented: 84

NEW PROJECTS

Book Vendor Change- Library Director Lindsay Henson met with Ingram representative Stephen Casey to learn about book vendor, Ingram. The previous Library Director Vicky McCallister had planned to transition book ordering to Ingram prior to her retirement. Ms. Henson learned that Ingram’s pricing is lower on the State Contract than the Library’s current main book vendor. Due to the lower pricing of materials and wider offering of titles, the Library will begin to transition to Ingram as a primary vendor of books.

CBS News Request- Library Director Lindsay Henson provided CBS news with photos from the Dickinson Historic Society Archive from the late 80s and early 90s to aid with a story they are producing about Jennifer Schuett.

Coding Program Workshop- IT/Youth Librarian Sam Torrez started an online training course offered by Library Journal to learn how to create technology programing that

______Library Staff Report February 2017 Page 1

supports digital literacy. The four week self-paced interactive course teaches how to launch a coding program in the Library.

DISD Student Volunteers- Special Education Students from Dickinson ISD have been volunteering at the Library while their school building is remodeled. Having the volunteers is a help to the Library while the students gain valuable work experience.

Ernie Deats Book Talk- Local author Ernie Deats spoke about his book at a special event held on February 21. Thirty five individuals attended the event. Mr. Deats latest book is The King of Dickinson. The Library has several copies for checkout. The book can also be purchased at the Depot Gift Shop. All proceeds benefit the Dickinson ISD Education Foundation.

Galveston County Food Bank Summer Task Force- Library Director Lindsay Henson attended a meeting of the Galveston County Food Bank Summer Task Force held at the United Way. The meeting was an effort to expand the Kidz Pacz program throughout the county and an opportunity to give feedback about what is and is not working in various programs to feed underserved populations during the summer months. The Food Bank plans to hold monthly meetings of the Task Force in the months leading up to summer.

Webinars- Assistant Director/Children’s Librarian Kathy Soehl attended a webinar about new graphic novels. Ms. Soehl also attended a webinar about using STEAM teaching in libraries.

NAACP Display- The NAACP Dickinson-Bay Area Branch generously displayed artifacts and books in the Library to celebrate Black History Month.

St. Catty’s Day- Library Director Lindsay Henson met with Bayou Animal Services Director Melvin Trover and Animal Control Officer Sarah Saunders to plan an event at the Library. The result is an event that will take place on Saturday, March 18 from 10:00 am to 2:00 pm in the Library Community Room. St. Catty’s Day will offer residents of Galveston County free microchips for their pets. M.A.S.H will be available to offer residents low cost vaccinations and Bayou Animal Services will bring some of their adoptable animals to look for furever homes.

Summer Feeding- Library Director Lindsay Henson reached out to Dickinson ISD Food and Nutrition Operations Supervisor Rozzie McCloud to express interest in the Library participating as a Summer Feeding location this summer and expanding the program to three days a week. Ms. McCloud noted the Library’s interest, but is unsure if DISD will utilize the Library as a location this summer.

Teen Job Fair- IT/Youth Librarian Sam Torrez started planning for this year’s Teen Job Fair to be held on Saturday, April 29, 2017. There is still room for businesses who are interested in recruiting teens. Interested businesses should contact Mr. Torrez at the Library.

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TSLAC Grant- Library Director Lindsay Henson submitted a Texas State Library and Archive Commission Impact Grant application. Approval for applying for the grant was given at the February 14 City Council meeting. If successful the grant will fund a children’s eBook database that offers interactive and easy to use eBooks specifically for children in kindergarten through fifth grade.

ONGOING/COMPLETED PROJECTS

Cataloging Librarian- Interviews were held with several applicants for the open Cataloging and Processing Librarian position. A candidate has been selected and we hope the new Librarian will be able to start in March.

Coloring Group- The coloring group met and enjoyed relaxing and coloring some intricate designs. The Library has also collaborated with the Dickinson Community Center to arrange an additional coloring group session earlier in the afternoon to accommodate individuals who wish to use the Center’s bus to attend the group session.

Computers Classes- IT/Youth Librarian Sam Torrez held five computer classes in February. Participants in the classes have remarked that they are enjoying the new classes that Sam has developed.

Crochet Group- The Crochet Group met in the Library Community Room to work on their projects and learn new techniques from one another.

Galveston County Library Director Meeting- Library Director Lindsay Henson attended the monthly meeting of Library Directors in Galveston County. The meeting was held at the City of La Marque’s Community Room. Discussions included Library participation in summer food service programs for low-income children and a survey of county libraries participating in e-Rate.

Gulf Coast Reads- Library Director Lindsay Henson attended a meeting at Houston Public Library to discuss preliminary titles nominated for the annual Gulf Coast Reads selection. Based on reviews of attending librarians the list was narrowed. The group hopes to have a selection by the end of March.

Head Start- Assistant Library Director/Children’s Librarian Kathy Soehl continued to collaborate with the local Head Start teacher to supply her with themed materials for her classroom.

Impact Grant- IT/Youth Librarian Sam Torrez compiled and submitted a performance report for the Texas State Library and Archive Commission Grant that he is administering.

Library Building Foundation Issues- A portion of the ceiling near the entrance to the Library began to fall due to the shifting in the foundation of the building. Public Works

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Director Paul Booth came to the Library to assess the situation and his crew temporarily secured the ceiling so it will not fall. A structural engineer has been retained and we hope that a plan for repairing the issues will be devised in the near future.

Readers Roundtable- The Readers Roundtable met to discuss and recommend books that members have been reading.

Teen Game Day- IT/Youth Librarian Sam Torrez hosted a Game Day for teens in the Community Room. The day featured Wii video games, board games and card games.

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Irma Rivera 4403 HWY 3 Dickinson, Texas 77539 (281) 337-6264 (281) 337-6190 fax www.ci.dickinson.tx.us [email protected]

To: Honorable Mayor and City Council

From: Irma Rivera, Court Administrator

CC: Julie Robinson

Date: 3/9/2017

Re: Staff Report for February 2017

Court calendar for March 2017

March 1st and 8th Arraignment Hearing @ 2:00 p.m. March 13th Attorney Pre-Trial Hearing @ 1:00 p.m. March 20th Non-Att. & Juvenile Hearing @ 2:00 p.m. March 22nd Bench Trial Hearing @ 3:00 p.m.

Monthly Performance Measures

Citations input into court system: 413

Follow up on payment plans: 32 called for running late

Warrants processed for Failure to Appear or Violate Promise to Appear: 84

Court Events

The 2017 Warrant Round Up was another HUGE success. Over 303 warrants were served valued at $117,934.86. The court experienced huge success during the two weeks prior to the actual round up. Numerous defendants took advantage of the amnesty and came in to the court office, or paid their outstanding warrants on-line or over the telephone. Other defendants set up payment agreements, posted bonds or simply came to ask about their options. Revenue collected from the 303 warrants was $72,566.18. Time served processed through city jail or from other facilities totaled $11,733.40. Bail bonds posted totaled $16,532.40, and those cases are now pending court hearings and adjudication.

1 The success of this year’s Warrant Round Up was due to the hard work and countless hours of preparation from the court staff, the warrant officer, and the collection company. Over 1,290 warrant round up letters were mailed out both by the court and by Linebarger. Hundreds of e-mails were also e-mailed out. Warrant Officer Lupe Vasquez did an excellent job organizing the round up with other officers who participated in locating and bringing in violators. Officer Vasquez also utilized door hangers that resulted in numerous responses and ultimately in warrants being paid.

Staff Training

Judge Richard Cope attended Texas Municipal Court Education Center Regional Judges Seminar on March 19-21 in Galveston, TX.

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2014 Dickinson Municipal Court Filed Cases 2017 DICKINSON MUNICIPAL COURT ACTIVITY REPORT

CASES FILED January February March April May June July August September October November December YTD Total 2016 Total 2015 Total Police Department 458 413 871 4,946 4,788 Municipal Court 60 68 128 679 830 Code Enforcement 8 1 9 43 11 Fire Marshal 11 1 12 13 35 Animal Control 2 17 Transferred Out 0 0 Reserve Officer 0 0 Texas Department of Public Safety 7 2 9 104 72 TOTAL FILED VIOLATIONS 544 485 0 1,029 5,787 5,753

WARRANTS ISSUED 2016 Total 2015 Total Police Department 186 156 342 1,891 2,069 Municipal Court 97 84 181 945 1,175 Code Enforcement 2 2 6 4 Fire Marshal 1 1 4 5 Animal Control 7 2 9 2 21 Transferred Out 0 29 85 Reserve Officer 10 Texas Department of Public Safety 5 6 11 46 36 TOTAL WARRANTS ISSUED 298 248 0 0 0 0 546 2,933 3,395

WARRANTS CLEARED 2016 Total 2015 Total Police Department 109 102 211 1,443 1,596 Municipal Court 57 165 222 800 1,066 Fire Marshal 0 1 1 55 2 Code Enforcement 0 2 2 9 3 Animal Control 0 2 2 0 24 Transferred Out 6 16 22 208 292 Reserve Officer 4 4 9 0 Texas Department of Public Safety 4 4 24 28 TOTAL WARRANTS CLEARED 176 292 0 0 0 468 2,548 3,011

To: Mayor & Council Members

From: Chief Ron Morales

Date: March 6, 2017

Re: February News

Administrative Services

 The Police Department completed the biennial review of the Policy & Procedures manual.  Members of the records department, dispatchers, officers, detectives and the Chief attended a fundraiser luncheon for Officer Fidencio Gonzalez who is recovering from cancer surgery.  We have completed the background investigations and interviews for dispatch. We have offered the position of Telecommunications Operator to Carl Dunn. Carl will start March 9th, 2017.  Currently in a review process for the Records Division to identify redundant and outdated files that are able to be destroyed in accordance with record retention requirements.  Telecommunicator Ambery Lype earned her Intermediate Certificate.

Patrol Division

 An officer on routine patrol observed a pedestrian in the 100 block of W FM 517, walk across all four lanes of the roadway, not at a crosswalk. The officer stopped the male subject in the parking lot of the Shell Gas Station at 105 W FM 517. The subject told the officer after being questioned that he had a “pipe” in his back pocket. The pipe was found in his left back pants pocket and when the officer asked the subject if he had any narcotics on him, the subject stated, “Not that I know of”. The subject then stated “It is in my shoe”. A small plastic bag was found in the subject’s left sock and the subject stated that it was “Meth”. The subject was arrested and charges were filed for “Possession of Controlled Substance PG1 and the bond was set at $60,000.  Officers were dispatched to a “Disturbance” call at Manuel’s Bar in the 2900 block of Dickinson Ave. Officers arrived after the patrons that had been involved in the fight had left the location. A female worker complained that she had been assaulted by another female subject. Officers were later able to obtain a video from the business and place it into evidence. Officers also identified the offender and issued a citation for “Assault by Contact”.  Officers were dispatched to the Dollar General Store at 408 W FM 517 on a “Suspicious Circumstances” call. When officers arrived on the scene, a female subject was seated in a lawn chair in front of the business, talking on a cell phone. The female was intoxicated and was arrested for “Public Intoxication”. While being booked for that charge at the Dickinson jail, an inventory of her property was conducted and two clear containers with a yellow liquid substance identified as a dangerous drug was found inside her sweater pockets. The female was additionally charged with “Possession of a Dangerous Drug”.

 Officers responded to the report of an unconscious male laying in the breezeway at 500 Tanglewood Dr. Upon arrival, officers found the victim unresponsive and immediately began CPR. EMS and First Responders arrived soon after and transported the victim to Clear Lake Regional Hospital. During the investigation it was determined that the victim’s vehicle, wallet and cell phone had been stolen. It is undetermined if the theft occurred prior to or after the victim’s medical emergency. The victim was later pronounced dead at the hospital.  Officers investigated a shooting which occurred at a residence in the 2100 block of Green Lee Ln. The victim received a single gunshot wound to the upper left shoulder and was transported to Clear Lake Regional Hospital for non-life threatening injuries. The offender in the shooting was identified and a warrant has been issued for his arrest for “Aggravated Assault with a Deadly Weapon”.

Criminal Investigation Division

 A male subject threatened several people at a party with a handgun and later with a rifle. Detectives conducted an investigation and obtained a warrant on the subject for “Aggravated Assault with a Deadly Weapon”. DPD Warrant Division arrested the subject later the same day. Bond was set at $250,000.  Det. Oliver and Crime Victim Liaison Nyna Burright attended the 12th Annual Ft. Bend Crimes Against Persons Conference and Training Seminar.  A 22 year old male resident of Dickinson pled to 15 years confinement in the Texas Department of Corrections. Detectives had investigated and arrested the subject in June 2016 for a “Burglary of a Habitation” where a firearm was stolen. The male subject has a lengthy criminal history with more than 23 arrests since 2011.

Crime Prevention & Community Policing

 Attended a Crime Stoppers meeting.  Began Dickinson Citizen Police Academy Class 27.  The CPA had presentations on Communications, Office of Professional Standards, Reports & Police Ethics.  The DCPAAA held their general meeting.  The Bayou Lakes Home Owners Association held their meeting in the Police Department training room.

VOCA Grant Activities

 Assisted 22 Families (total of 34 victims served).  Contacted 22 victims by mail; 19 by phone; held 4 personal visits.  Competed the grant application in eGrants through the Criminal Justice Division of the Governor’s Officer for the 10th & 11th years on continuation funding for the Crime Victim Assistance Program. The total project cost for two (2) years including the cash match and in-kind figures is $143,539.

Information Technology

 Completed the installation of the updated burglar/fire alarm system provided by Tyco Integrated Solutions at the City Hall and Library buildings.  Purchased and scheduled the installation of the replacement closed circuit television (CCTV) system at the Public Works facility.  Ordered a new computer workstation for the Communications Supervisor at the Police Station.

Monthly Workload Measure Statistics

Police Department

Number of employees completing field training: 0 Number of training sessions provided: 28 Number of calls for service: 1,641

Emergency Management

Staff meetings and exercises for disaster preparedness: 1

Information Technology

Number of employees served: 24 Number of computers supported: 22 Number of requests for service: 24

2017 Dickinson Police Department Crime and Traffic Report

Criminal Activity January February March April May June July August September October November December YTD Total 2016 Total 2015 Total Criminal Homicide - Negligent Manslaughter 0 0 0 0 0 Forcible Rape 1 1 2 24 10 Robbery 1 1 2 16 17 Aggravated Assault 0 4 4 30 16 Assault 27 18 45 342 327 Assault on Peace Officer 0 0 0 5 3 Burglary 13 6 19 77 104 Larceny/Theft 29 27 56 307 322 Motor Vehicle Theft 7 2 9 46 39 Arson 0 0 0 1 2 Total Reportable Offenses 78 59 137 845 838 Total Calls Received and Dispatched 1,704 1,641 3,345 21,255 24,228 Total Cases Cleared by Arrests 29 15 44 195 167 Total Arrests (Adult) 119 108 227 1,410 1,380 Total Adult Felony Arrests 10 7 17 72 77 Total Arrests (Juvenile) 1 2 3 21 13 Total Juvenile Felony Arrests 1 0 1 7 0 Total Value of Vehicles Stolen $169,000 $13,000 $182,000 $774,637.00 $427,501 Total Value of all other Property Stolen $92,933 $67,705 $160,638 $322,338.00 $469,993 Total Value of all Property Recovered $83,154 $0 $83,154 $348,985.00 $214,772 Total Vehicles Stolen/Received other Department 1 0 1 12 3 Total Vehicles Stolen/Received Local 3 0 3 11 16 Total Vehicles Stolen other Department/Received Local 0 0 0 10 10

Traffic Activity YTD Total 2016 Total 2015 Total Total Accidents Reported 40 30 70 532 454 Total Accidents with Property Damage 4 1 5 45 32 Total Accidents with Personal Injury 6 7 13 93 80 Total Number of Personal Injury 10 10 20 124 102 Total Fatality Accidents 0 0 0 3 4 Total of Warning Tickets (Moving Violations) 97 138 235 1159 1,253 Total of Warning Tickets (Non-Moving Violations) 98 80 178 1393 1,640 Total Citations Issued to Adults 328 314 642 3775 3,740 Total Citations Issued to Juveniles 5 0 5 55 39 Total Number of all Violations 423 410 833 4968 4,700 Total Amount of Fines Assessed $109,208 $108,051 $217,259 1302305 $1,058,159

TO: Honorable Mayor and City Council Members

FROM: Paul Booth, Director of Public Works

DATE: March 6, 2017

SUBJECT: Monthly Project Report – February 2017

Street Patching Type C Cold Mix The Public Works Department patched 1396 pot holes throughout the City of Dickinson during February 2017.

Drainage Maintenance: As part of routine maintenance, the Drainage Division continues to clean and monitor the drainage system throughout the City.

Slope Mowing: Slope mowing was completed in the following areas in February 2017: o Spruce o Ave J o Lobit Drive o Richards Drive o Central Street Ditch

Culvert Installations: The Public Works Drainage Division installed 118 linear feet of 18” culvert and 20 linear feet of 24” culvert in various locations throughout the City.

Tree Trimming:

The Drainage Division trimmed trees along the right-of-way on Oleander, Palm, Park, 44th St., 45th St. Wagon Road and removed two large dead trees in the right-of-way in Colonial Estates.

Work Order: During the month of February, the Public Works Department request tracker received 35 requests for service and completed and closed 21 requests for service.

Public Works Department – February 2017

Regrind Delivery: The Public Works Department delivered 50 cubic yards of regrind material to residents.

Updates to Public Works Page(s) of City Website: The Public Works Department has been updating the Public Works page(s) to reflect the progress of various streets and drainage projects. Monthly updates are applied to the website as additional information becomes available, approved by City Council and projects are completed.

Departmental Team Development: The Public Works Department continues holding weekly team meetings. Items discussed include: safety, work load, work schedules, department objectives, staff concerns, policies and procedures.

Public Works Department – February 2017

Street Program Status

Geo Tech Engr Council Award Project / Linear Council Funding Geo Tech Geo Tech Geo Tech Engr Engr Const Const Construction Construction Street Name Proposal Proposal Engr Start Bid and Bid No. Feet Approval Available Proposal In Start Complete Proposal In Complete Bid Out Bid In Start Complete Out Out Cost Approve Contract Geotest 1506-01 28th Street (West of Hwy 3) 1,700 7/21/2015 197,200.00 9/4/2014 11/18/2014 11/24/2014 1/12/2015 9/17/2014 6/9/2015 6/30/2015 7/21/2015 8/15/2016 10/15/2016 Geotest 1506-01 48th Street (East of Hwy 3) 790 7/21/2015 92,800.00 9/4/2014 11/18/2014 11/24/2014 1/12/2015 9/17/2014 6/9/2015 6/30/2015 7/21/2015 2/1/2016 3/20/2016 Geotest 1506-01 Leonetti 990 7/21/2015 114,840.00 9/4/2014 11/18/2014 11/24/2014 1/12/2015 9/17/2014 6/9/2015 6/30/2015 7/21/2015 3/1/2016 8/9/2016 Geotest 1506-01 33rd Street (East of Kansas) 2,230 7/21/2015 258,680.00 9/4/2014 11/18/2014 11/24/2014 1/12/2015 9/17/2014 6/9/2015 6/30/2015 7/21/2015 5/30/2016 7/15/2016 Geotest 1506-01 Oleander (Palm to the Bridge) 860 7/21/2015 99,760.00 9/4/2014 11/18/2014 11/24/2014 1/12/2015 9/17/2014 6/9/2015 6/30/2015 7/21/2015 7/7/2016 8/30/2016 Geotest 1506-01 Greenbriar (Oakridge to Sunset) 700 7/21/2015 81,200.00 9/4/2014 11/18/2014 11/24/2014 1/12/2015 9/17/2014 6/9/2015 6/30/2015 7/21/2015 9/7/2016 10/30/2016

1506-01 Construction Contingency Fund 168,896.00 1506-01 Estimated Engineering Cost 152,006.00

Funding Geo Tech Engr Council Award Project / Linear Council Geo Tech Geo Tech Geo Tech Engr Engr Const Const Construction Construction Street Name Projection Proposal Proposal Engr Start Bid and Bid No. Feet Approval Proposal In Start Complete Proposal In Complete Bid Out Bid In Start Complete Available Out Out Approve Contract Paradigm 1601-01 35th Street (East of Kansas) 2,245 9/8/2015 $304,200 8/19/2015 8/31/2015 9/15/2015 10/6/2015 8/19/15 IDS 8/31/2015 10/19/15 (est) 12/31/2015 1/6/2016 1/20/2016 3/22/2016 9/7/2016 11/18/2016 Paradigm 1601-01 Nebraksa 1,175 9/8/2015 $84,708 8/19/2015 8/31/2015 9/15/2015 10/6/2015 8/19/15 IDS 8/31/2015 10/19/15 (est) 12/31/2015 1/6/2016 1/20/2016 3/22/2016 5/26/2016 7/24/2016 Paradigm 1601-02 Hollywood 1,390 9/8/2015 $163,800 8/19/2015 8/31/2015 9/15/2015 10/6/2015 8/19/15 IDS 8/31/2015 10/19/15 (est) 12/31/2015 1/13/2016 1/27/2016 3/22/2016 8/1/2016 11/18/2016 Paradigm 1601-02 Gill Road 1,385 9/8/2015 $157,950 8/19/2015 8/31/2015 9/15/2015 10/6/2015 8/19/15 IDS 8/31/2015 10/19/15 (est) 12/31/2015 1/13/2016 1/27/2016 3/22/2016 5/16/2016 8/5/2016 Paradigm 1601-01 Johnson Street 820 9/8/2015 $70,200 8/19/2015 8/31/2015 9/15/2015 10/6/2015 8/19/15 IDS 8/31/2015 10/19/15 (est) 12/31/2015 1/6/2016 1/20/2016 3/22/2016 8/18/2016 9/22/2016 Paradigm 1601-02 Mariner's Way 790 9/8/2015 $70,200 8/19/2015 8/31/2015 9/15/2015 10/6/2015 8/19/15 IDS 8/31/2015 10/19/15 (est) 12/31/2015 1/13/2016 1/27/2016 3/22/2016 8/8/2016 10/30/2016 Paradigm 1601-02 Pine Oak Circle 560 9/8/2015 $65,520 8/19/2015 8/31/2015 9/15/2015 10/6/2015 8/19/15 IDS 8/31/2015 10/19/15 (est) 12/31/2015 1/13/2016 1/27/2016 3/22/2016 6/5/2016 8/5/2016

1601-02 Contingency Construction Fund $183,315 1601-02 Estimated Engineering Cost $164,984

Construction Contingency Fund $183,315 Estimsted Engineering Cost $164,984 Street Program Status

Funding Geo Tech Engr Council Award Project / Linear Council Geo Tech Geo Tech Geo Tech Engr Engr Const Const Construction Construction Street Name Protection Proposal Proposal Engr Start Bid and Bid No. Feet Approval Proposal In Start Complete Proposal In Complete Bid Out Bid In Start Complete Available Out Out Approve Contract Salvato Street 1,320 $157,080 45th Street (West of Hwy 3) 1,580 188,020

CDBG Funding Possible Ave F (20th Street to 25th (according to the Street) 1,850 MYFP) 220,150

CDBG Funding Possible (according to the 32nd Street (East) 2,950 MYFP) $220,150 Utah Street 450 $53,550

Construction Contingency Cost $193,190.00 Estimated Engineering Cost $174,573

Consruction Contingency Cost 202,800.00 Esimated Engineering Cost 182,520.00

Road Funding Geo Tech Engr Council Award Linear Council Geo Tech Geo Tech Geo Tech Engr Engr Const Const Construction Construction Sabilization Street Name Projection Proposal Proposal Engr Start Bid and Feet Approval Proposal In Start Complete Proposal In Complete Bid Out Bid In Start Complete Round 1 Available Out Out Approve Contract March 2017 Rodeo Bend (Bridge to Gill) 2,300 10/25/2016 $36,656 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Est. March 2017 46th St. (Hwy to To RR Crossing 1,032 10/25/2016 $16,448 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Est. March 2017 Colorado (30th to 40th) 3,500 10/25/2016 $37,613 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Est. March 2017 Texas (42nd to Park) 925 10/25/2016 $13,388 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Est. Camp Allen (Old Castle to Blue March 2017 Water) 650 10/25/2016 $10,391 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Est.

Round 2 Montana (34th to Dead End) 455 2/14/2017 $6,503 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A April 2017 Est.

35th St. (FM 1266 to Montana) 355 2/14/2017 $5,100 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A April 2017 Est. Commodore (Hughes Rd. to Mariner Way) 810 2/14/2017 $1,288 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A April 2017 Est.

Oak Park (Hwy 3 to Video) 650 2/14/2017 $11,348 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A April 2017 Est.

34th St. (California to Colorado) 1,100 2/14/2017 $17,531 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A April 2017 Est. Street Program Status

Sweeny (FM 517 to Dead End) 910 2/14/2017 $13,005 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A May 2017 Est. Rau Dr (S. End & FM 517 350' South) 875 2/14/2017 $14,025 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A May 2017 Est. Humble Camp (Hughes Rd. to City Limit) 1,111 2/14/2017 $17,723 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A May 2017 Est.

FUTURE CITY COUNCIL AGENDA ITEMS

March 2017

03/28/2017

Special Council Meeting o

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Proclamation – Child Abuse Prevention Awareness Month o Public Hearing and First Reading of Ordinance Rezoning Light Industrial Areas

April 2017

4/03/2017

Special Council Meeting o Second Reading of Annexation Ordinance

4/11/2017

Special Council Meeting o

Regular Council Meeting o Update on Public Works Projects o Proclamation – Parkinson’s o Proclamation - Holy Trinity Episcopal Church Strawberry Festival o Proclamation - Fair Housing o Second Reading of Ordinance Rezoning Light Industrial Areas o Second Reading of Ordinance Rezoning Areas to Highway Commercial Zoning District o Second Reading of the Ordinance regarding Annexation of Certain Territory

4/25/2017

Special Council Meeting o

Regular Council Meeting o Proclamation – Motorcycle Awareness

Future City Council Agenda Items Page 1 of 6 o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Update on Activities of the Dickinson Bayou Watershed Partnership

May 2017

5/09/2017

Special Council Meeting o

Regular Council Meeting o Update on Public Works Projects o Update on the Activities of the Galveston County Transit District Board o Appointments/Reappointments to Boards and Commissions

5/23/2017

Special Council Meeting o

Regular Council Meeting o Update on Activities of Houston-Galveston Area Council o Update on Activities of the Dickinson Bayou Watershed Partnership o Appointments/Reappointments to Boards and Commissions o 2nd Quarter Financial & Investment Report

June 2017

6/13/2017

Special Council Meeting o Budget Workshop

Regular Council Meeting o Update on Public Works Projects

6/27/2017

Special Council Meeting o Budget Workshop

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Update on Activities of the Dickinson Bayou Watershed Partnership

Future City Council Agenda Items Page 2 of 6

July 2017

07/11/2017

Special Council Meeting o

Regular Council Meeting o Update on Public Works Projects

07/25/2017

Special Council Meeting o

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Update on Activities of the Dickinson Bayou Watershed Partnership

August 2017

08/08/2017

Special Council Meeting o

Regular Council Meeting o Ordinance Approving 2017 Appraisal Roll o Acceptance of FY 2017-2018 Effective and Rollback Tax Rates o Proposal of FY 2017-2018 Tax Rate and Scheduling of Public Hearings for Proposed Tax Rate and Adoption of the FY 2017-2018 Budget o Update on Public Works Projects

08/22/2017

Special Council Meeting o

Regular Council Meeting o Public Hearing On Proposed Tax Rate For Fiscal Year 2017-2018. o Update on Activities of Houston-Galveston Area Council o 3rd Quarter Financial & Investment Report o Recessing the Regularly Scheduled Meeting of the City Council in Order to Conduct Business as the City of Dickinson Employee Benefits Trust. o Reconvene

Future City Council Agenda Items Page 3 of 6 o Accepting the Action of the City of Dickinson Employee Benefits Trust with Regard to Employee Medical, Pharmacy, Dental, Life, Vision and Long- Term Disability Insurance.

September 2017

09/12/2017

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Galveston County Transit District o Convene a Public Hearing Regarding the Proposed Fiscal Year 2017- 2018 Budget and Tax Rate o Ordinance Adopting FY 2017-2018 Budget o Ordinance Adopting FY 2017-2018 Tax Rate o Resolution Approving Agreement for District Services for FY 2017-2018 with Dickinson Management District #1

09/26/2017

Special Council Meeting o

Regular Council Meeting o Update on Activities of Dickinson Bayou Watershed Steering Committee o Update on Activities of Houston-Galveston Area Council o Update on Public Works Projects o GCAD nomination o TML Intergovernmental Risk Pool Board of Trustees Election Vote o Designation of Official City Newspaper o FY16 First Amended Budget

October 2017

10/10/2017

Special Council Meeting o Discussion Concerning Revised Needs Assessment for Police Building

Regular Council Meeting o Breast Cancer Awareness Proclamation o Update on Public Works Projects o Galveston County Appraisal District Nominations o Appointments to HGAC

10/24/2017

Special Council Meeting

Future City Council Agenda Items Page 4 of 6 o

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Cancellation of November 28, 2017 and December 26, 2017 Regular City Council Meetings Due to Holidays

November 2017

11/14/2017

Special Council Meeting o

Regular Council Meeting o Update on Public Works Projects o Re-approve FHAST form

December 2017

12/12/2017

Special Council Meeting o

Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Appointments/Reappointments to Boards and Commissions

January 2018

01/09/2018

Special Council Meeting

Regular Council Meeting o Update on Public Works Projects o Regular 4th Quarter Financial & Investment Report

01/23/2018

Special Council Meeting o

Future City Council Agenda Items Page 5 of 6 Regular Council Meeting o Update on Public Works Projects o Update on Activities of the Dickinson Bayou Watershed Partnership o Update on Activities of Houston-Galveston Area Council

February 2018

02/13/2018

Special Council Meeting o

Regular Council Meeting o Update on Public Works Projects o Council Review of Proposed 2018 Drainage Fee Bill

02/27/2018

Special Council Meeting o

Regular Council Meeting o Update on Public Works Projects o Update on Activities of Houston-Galveston Area Council o Resolution Approving Aerial Spraying for Moquitoes

March 2018

02/13/2018

Special Council Meeting o

Regular Council Meeting o Update on Public Works Projects o Update on Activities of the Dickinson Bayou Watershed Partnership o Racial Profiling Reports from Police Department and Fire Marshal’s Office

Future City Council Agenda Items Page 6 of 6