8/6/24 City Council Agenda | Interlocal Agreement with the City of Austin for Public Health Services to be performed In Lago Vista

[Paul Roberts]

Regarding agenda item 1, beginning on page 3 of the packet: https://d3n9y02raazwpg.cloudfront.n...e5-dd03-46c5-8369-a82e47ed3d16-1722551763.pdf

Dear Fellow Council Members,

I am writing to express my concerns regarding the proposed Interlocal Agreement (ILA) with the City of Austin for Public Health Services, which is on the agenda for our 8/6/24 City Council meeting. After reviewing the staff report and the proposed contract, and considering the feedback from our residents, I believe it is essential to address several issues before proceeding with this agreement.

Concerns Raised by Residents: A concerned resident emailed all of us and articulated several valid points regarding the scope and potential implications of this agreement. Specifically, she noted:

• The definition of "food enterprise" in the Austin Code is broad and includes "a food establishment, a food processing plant, a certified farmers’ market vendor, a temporary food establishment, a mobile food establishment, and a charitable feeding organization." This definition is not limited to these categories, raising concerns about its expansive nature.
• The Texas Administrative Code, Title 25, Part 1, includes the establishment of an Emergency Preparedness Coordinating Council, involving "coordination of state and local efforts to improve public health and medical preparedness." This broad definition could impact various aspects of city governance and residents' lives.

Given these concerns, I recommend the following amendments to the proposed ILA to ensure it aligns with the best interests of Lago Vista:

Proposed Amendments

1. Clarification of Definitions:
   • Section 1.0 Definitions:
     • Current Language: "Food Enterprise" has the same meaning set forth in the Austin City Code.
     • Proposed Amendment: "Food Enterprise" and other related terms within this agreement shall be defined according to their commonly understood meanings within the context of health inspections and services. This agreement does not expand these definitions to include broader public health or governance issues beyond the specified services.

1. Scope of Authority:
   • Section 3.01.1 Responsibilities of Austin:
     • Current Language: "Austin shall: Conduct inspections and help administer and enforce state laws and Lago Vista's ordinances regulating Food Enterprises, Swimming Pools and Spas, Certified Farmers Markets, and Custodial Care establishments. More specifically, Austin shall conduct plan review, permit issuance, inspections, and complaint investigations and shall participate in Lago Vista's administrative enforcement as described in Section 3.03 of the Agreement."
     • Proposed Amendment: The authority of Austin Public Health personnel shall be strictly limited to the services specified in this agreement, including inspections and enforcement related to Food Enterprises, Swimming Pools and Spas, Certified Farmers Markets, and Custodial Care establishments. This agreement does not authorize Austin Public Health to engage in any activities beyond these specified services.

1. Preservation of Local Governance:
   • Section 4.01.1 Responsibilities of Lago Vista:
     • Current Language: "Authorize personnel of Austin Public Health to act as its agents in enforcing state law and any applicable Lago Vista ordinances."
     • Proposed Amendment: This agreement shall not be interpreted as transferring any governance or emergency powers from the City of Lago Vista to the City of Austin or the State of Texas. Lago Vista retains full control over its governance, emergency preparedness, and public health decisions, except for the specified inspection services outlined in this agreement.

1. Annual Review and Adjustment:
   • Section 5.0 Mutual Responsibilities:
     • Current Language: "Austin and Lago Vista agree to meet annually to establish and evaluate operating policies and procedures, and make adjustments or changes that mutually benefit both parties unless otherwise scheduled by mutual agreement."
     • Proposed Amendment: As stipulated, the City of Lago Vista and the City of Austin will conduct an annual review of the operating policies and procedures under this agreement. During this review, both parties will have the opportunity to make necessary adjustments to ensure the agreement continues to meet the needs and interests of both cities without unintended expansion of scope.

1. Financial Implications:
   • Section 6.01 Compensation:
     • Current Language: "In consideration of the services to be provided by Austin under this Agreement, Lago Vista grants to Austin the exclusive right to bill, collect, and retain all inspection, permit, and other fees from residents and businesses located within the corporate limits of Lago Vista, Texas based on fee rates set forth in Exhibit A incorporated herein for all purposes or as otherwise amended by Austin City Council."
     • Proposed Amendment: "In consideration of the services to be provided by Austin under this Agreement, Lago Vista grants to Austin the exclusive right to bill, collect, and retain all inspection, permit, and other fees from residents and businesses located within the corporate limits of Lago Vista, Texas based on fee rates set forth in Exhibit A incorporated herein for all purposes or as otherwise amended by Austin City Council. Additionally, a detailed financial impact report outlining all costs, fees collected, and any fiscal impact on Lago Vista shall be presented annually to the Lago Vista City Council."

It is crucial that we carefully consider the implications of this ILA and ensure that it serves the best interests of our city and its residents. By incorporating these amendments, we can maintain local control, provide transparency, and address the valid concerns raised by our community.

Thank you for your attention to this matter. I look forward to discussing these amendments and working together to make an informed decision.

Sincerely,
Paul Roberts
City Council, Place 5
512-431-5187