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06-23-09MINUTES REGULAR MEETING June 23, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 23, 2009 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Hal Baldwin Councilmember David Scagliola Councilmember Tony Wilenchik Mayor Pro-Tem Jim Fowler Councilmember John Trayhan Councilmember Michael Carpenter Staff Present: City Manager Don Taylor City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Assistant City Manager David Harris Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Mayor Pro-Tem Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. HEARING OF RESIDENTS Mayor Baldwin recognized the following: Robert Brockman, 1000 Elbel, stated he had no complaints but wished to thank Public Works and the City for doing a great job. Ruth Tienor, Chair of the Library Advisory Board, who spoke on board appointment procedures, having a designated board member appear at the interview of candidates for the board with the vacancy. Discussion and/or Action Items Schertz -Seguin Water Fee Increase -Presentation and discussion regarding Schertz- Seguin Water fee increase. (A. Cockerell/J. Bierschwale) Mayor Baldwin recognized General Manager Alan Cockerell of the Schertz-Seguin Local Government Corporation who introduced this item answering questions from Council. Mr. Cockerell stated that on June 18, 2009 Schertz-Seguin Local Government Corporation (SSLGC) Board of Directors approved water rates for FY2009/2010. The City of Schertz will be charged a rate of $1.47 per 1000 gallons of water plus annual debt service payments of $1,695,298.13. This is an increase from the current rate of $1.36 per 1000 gallons. Mr. Cockerell stated that SSLGC is 6-23-09 Minutes providing this information so that the City can allocate appropriate funds necessary in preparing the budget for the next fiscal year. 2. Presentation on Program and Budgets for July 4, 2009/SchertzFest -Discussion and consideration and/or action regarding July 4, 2009 Schertz Fest program and report on the expenditures for the 2008 SchertzFest/SOth Anniversary Celebration. (J. Bierschwale/B. Cantu/C. Raleigh) Mayor Baldwin recognized City Manager Don Taylor who stated that the portion regarding the report on expenditures for the 2008 SchertzFest/SOth Anniversary Celebration would be brought back later for Mr. Bierschwale to discuss. Mayor Baldwin recognized Management Analyst Bob Cantu who introduced this item stating every year for the past 33 years the City of Schertz has celebrated the 4th of July with parades and celebrations. He stated in the past this event was organized under the sponsorship of the Schertz Chamber of Commerce with City support from various departments. This year's event will be sponsored by the City of Schertz. The planning process for this year's event is well under way and under the auspices of the Parks and Recreation Foundation. If expenses exceed revenues, Hotel/Motel tax (up to $46,000.00) will cover the shortfall. If revenues exceed expenses, the net profit will be assigned to the Parks and Recreation Foundation. However, the plan is to break even. Mr. Cantu stated that there was no need for action this evening; they will bring back more information at a later meeting. 3. Minutes -Discussion and/or action regarding the approval of the minutes of the June 16, 2009 regular meeting. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Scagliola to approve the minutes of the regular meeting of June 16, 2009. Vote was unanimous. Motion Carried. 4. EMS Write-offs -Consideration and/or action approving the EMS Write-offs. (D. Wait) Mayor Baldwin recognized EMS Director Dudley Wait who introduced this item stating per City Policy, EMS is to bring uncollectible debt and non-collectable contractual allowables to City Council throughout the year. For uncollectible debt, we are to write the debt off after 180 days of non-payment. Mr. Wait stated our write-off request is presented in three segments. First are the accounts that have been referred to our collection agencies. These represent accounts sent to MVBA from January 1, 2009 through April 30, 2009. For this period we are requesting to write-off $187,032.78 in collection accounts. The second item to be written off comes from our internal billing procedures. Some of these are negotiated charge reductions, write-offs of co-pays for citizens in the 6-23-09 Minutes Page - 2 - cities we serve, bills of homeless patients who we cannot locate any longer, and bills of deceased patients who do not have insurance. The amount of this category is $27,438.22 Lastly, contractual allowables represent the funds we cannot collect by law due to accepting assignment of Medicare, Medicaid and other government payments. This amount represents the difference between what we have charged per our usual and customary charges and what we have been paid by Medicare/Medicaid. The amount of these automatic write-offs is $560,608.74. This second write-off of FY 2008-2009 totals $775,079.74. The grand total of EMS write-offs fiscal year to date is $1,776,351.76 out of an anticipated budgeted amount of $2,931,698 of total bad debt expenses. Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by Councilmember Carpenter to approve the EMS write-off in the amount of $775,079.74. Vote was unanimous. Motion CaYYied 5. EMS -Financing of EMS Capital Items -Consideration and/or action approving financing of EMS Capital items. (D. Wait) Mayor Baldwin recognized EMS Director Dudley Wait who introduced this item answering questions from Council. Mr. Wait stated in preparing the Fiscal Year 2010 budget, EMS brought two significant capital requests forward in their budget proposal. After budget presentations to City Management, these requests were left in as recommendations to City Council. These requests are the purchase of a new ambulance and the purchase and installation of a station alerting system as a part of the new Regional Computer Aided Dispatch product recently adopted by the City. Mr. Wait stated this is being brought forward to City Council ahead of the overall budget presentation so that the City can finalize the installation of the station alerting system without delaying the overall CAD implementation schedule and so that our ambulance vendor can attempt to acquire a 2009 chassis before additional emissions requirements go into effect for 2010. Mayor Baldwin as well as Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter asked questions regarding the need versus the want for the CAD add on and the ordering of the new ambulance. They also questioned why this is coming forward before the Council approves next year's budget. Mr. Wait. stated the need for seeking Council approval tonight was to start seeking financing as well as the time factor for ordering the equipment. City Manager Don Taylor stated that the purpose of this item is for approval of the City Council to allow staff to seek the funding and to also get the Council's approval to move forward on these projects, which will allow the City the time to notify the other cities involved to put similar expenditures in their budgets. City Attorney Michael Spain stated that these items are actually exploratory and the memo resolution needs to be reworded to state "approve investigating financing possibilities". After considerable discussion, it was stated that as long as this item is for exploratory financing and will have to come back to 6-23-09 Minutes Page - 3 - Council for approval, they did not have a problem agreeing. Mr. Taylor stated that the staff will consider and investigate all the financing possibilities and believed that the funding opportunities will be made available. Mayor Baldwin stated that he did not have a problem having someone make a motion to go ahead and allow 'Mr. Wait to go out and explore methods of financing. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Carpenter to allow staff to explore possibilities of financing and come back to Council with further details. Vote was unanimous. Motion Carried. 6. EMS Subscription Membership Program - Consideration and/or action approving an EMS Subscription Membership Program. (D. Wait) Mayor Baldwin recognized EMS Director Dudley Wait who introduced this item stating with the rising cost of healthcare, the increasing pressure to raise EMS rates on our patients as well as our member cities, and the unsteady nature of our current economy, Schertz EMS would like to ask City Council to entertain a new funding method to generate additional revenue from individuals across our service area who either believe they could utilize our services or would like to have additional security in how they would pay for our services if they ever needed to utilize them. An EMS Membership Program would allow families from across our service area to purchase a membership for their entire immediate family for $60 a year (per household). In exchange for this $60, if anyone in that household family had to use our services for a medically necessary transport at anytime in the calendar year in which they subscribed, they would not have any out-of-pocket expenses beyond what their insurance paid for the transport. If the member does not have insurance or if the transport is NOT medically necessary, then they would receive a 40% discount from our usual and customary charges. Mr. Wait stated this type of program, although new to the San Antonio area, is popular throughout north and east Texas as well as the remainder of the United States. This is a great public service that we could provide and can be seen as a benefit for our senior citizens who would not have to worry about any co-pays when they need an ambulance transport. Our average Medicare co-pay is approximately $75 to $80 dollars for every ambulance transport. This could potentially save this group of citizens hundreds of dollars throughout a year if they become chronically ill. If City Council agrees to the concept of this program, we would like to get the City Managers and elected officials together for all the jurisdictions we serve to see if all jurisdictions were agreeable to this program. In its infancy, this program will not reduce any per capita charges, but as it grows in popularity with our citizens, it could help reduce future per capita adjustments when the inter-local agreements come up for renewal. 6-23-09 Minutes Page - 4 - If agreed to by all our member cities, EMS would begin advertising this in October with the first membership year beginning in January, 2010. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Wilenchik to approve the EMS Membership Program so that we can begin seeking the approval of our other member cities. Vote was unanimous. Motion Carried. 7. Ordinance No. 09-F-21 -Consideration and/or action adopting an ordinance amending the City's Drought Contingency and Water Emergency Response Plan; and providing severability, declaring an emergency and an effective date. (First and Final Reading (J. Hooks/M. Spain) Mayor Baldwin recognized Public Works Superintendent Jimmy Hooks who introduced this item stating on May 26, 2009 the Drought Contingency and Water Conservation Plan was adopted pursuant to Ordinance 09-F-17. Staff recommends clarification of Section IX of the Drought Contingency and Water Emergency Response Plan, under Wasting Water to delete subsection (a) which is ambiguous, to modify subsection (b) to permit handheld watering devices, and to add a new subsection (e) to urge everyone not to waste water. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Mayor Pro-Tem Fowler to approve the Ordinance No. 09-F-21 First and Final reading. Vote was unanimous. Motion Carried. 8. Ordinance No. 09-F-22 -Discussion and consideration and/or action approving Ordinance No. 09-F-22 granting Consolidated Construction Services, LLC., a Limited Municipal Solid Waste Collection and Disposal Franchise; imposing provisions and conditions relating to the exercise of same; and providing for penalties not to exceed $200 for violation thereof; repealing all ordinances or parts of ordinances in conflict with this ordinance. First Reading (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who stated that Consolidated Construction Services, LLC has requested a construction waste franchise agreement with the City to provide construction waste removal services to its contracted building contractors in the City. Mr. Spain stated that the fees would be identical with our current franchise vendor. Mr. Spain stated that he would get with Consolidated Construction Services and provide them the information necessary to comply with the possibility of having a franchise with the City for construction waste removal. Mr. Spain stated that this ordinance would be coming back to Council in 30 days for final approval. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Carpenter to approve the Ordinance No. 09-F-22 First reading. Vote 4-1 with Councilmember Wilenchik voting no. Motion Carried. 6-23-09 Minutes Page - 5 - 9. Lawn Care and Tree trimming services -Discussion regarding waste from lawn care services and tree trimming services as it relates to solid waste disposal. (M. Spain will provide briefing) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that this item was being brought to Council for discussion and feedback because of problems the City is having. He stated that some lawn care and tree trimming services are being hired to do a job and leaving items at the curbs. They are not hauling their trimmings off, but are calling the City to come chip and haul off these items. This is getting costly for the City. Council discussed this in length giving the City Manager the direction to either make the services haul off trimmings or increasing the fees for service by the City. City Manager Don Taylor stated that he has the direction of the Council and would be bringing back further information at a later date. 10. Landscape proposals- Consideration and/or action authorizing funds from the Tree Mitigation Fund in an amount not to exceed $69,000 to install landscaping at the new Library, Visitor's Center and Schertz Parkway. (G. Logan) Mayor Baldwin recognized Parks and Recreation Director George Logan who introduced this item stating the City of Schertz Department of Parks Recreation and Community Services is requesting the Council's approval authorizing funds for the installation of landscaping from the Tree Mitigation Fund 317, for landscaping to be completed at the Schertz Public Library, the Visitors Center and Schertz Parkway. Council asked if these items had been bid, and the answer was "no". After discussion it was decided the best course of action would be to bid these items. Bids will be received from local contractors in the coming week and will not need Council approval. Mr. Logan stated funds to install landscaping at the new Library, Visitor's Center and Schertz Parkway from the Tree Mitigation Fund would not exceed $69,000. Mayor Baldwin recognized City Manager Don Taylor who stated to the Council that his recommendation would be to go out for bid. Council concurred. No Action taken. 11. Appointment/Reappointment to Boards and Commissions/Committees - Consideration and/or action regarding appointment to the Library Board. (Mayor Baldwin) Mayor Baldwin stated the Interview Committee conducted interviews on June 8, 2009 for the Library Board vacancy. Mayor Baldwin stated that as discussed earlier it was his desire to have the Council appoint the most qualified candidate to fill board vacancies and it is by unanimous decision that the Committee recommends the appointment of Ms. Darlene Price to the Library Board. 6-23-09 Minutes Page. - 6 - Mayor Baldwin stated that the Library Board has mentioned that the other candidate, Sonia Samora has been attending Library Board meetings and requests the Council appoint her. Mayor Baldwin recognized Mayor Pro-Tem Fowler who asked Ms. Ruth Tienor to come forward stating her recommendation. Ms. Tienor stated that Ms. Samora fit the need for the Library at this time because of her youth and also having small children which she believed would bring new ideas for reading opportunities and ideas for smaller children. Mayor Baldwin apologized to the Library Board for not knowing that Sonja Samora was a nominee from the Library Board but would leave the nomination up to the Council. Council discussed this item in length. Mayor Baldwin recognized Councilmember Carpenter who stated that he would like to see the volunteers who are qualified be placed on the board they are seeking and stated that he would be asking for an item to be placed on the next agenda to expand the Library Board membership to allow the appointment of Ms. Price. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Councilmember Trayhan to appoint Ms. Sonia Samora to the Library Board. Vote was 3-1-1 with Councilmember Wilenchik voting no and Councilmember Scagliola abstaining. Motion Carried. Mayor Baldwin adjourned into executive session at 9:00 p.m. EXECUTIVE SESSION Called under Section 551.071 Litigation, pending litigation; Section 551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into Regular Session at 9:50 p.m. Councilmember Wilenchik left the meeting. 12. Take any additional action deemed necessary as a result of-the Executive Session. No action taken. Requests and Announcements 13. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Councilmember Carpenter requested that an item be placed on the next agenda for discussion and action expanding the members of the Library Board to twelve. 6-23-09 Minutes Page - 7 - 14. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Baldwin recognized Mayor Pro-Tem Fowler who requested that the City news portion on the website be updated more often. He also asked for the status of the interactive maps located on the website as well. Assistant City Manager David Harris stated that staff is looking into the piece that is missing for the interactive maps and would find out the status and get back to him. Mayor Baldwin recognized Councilmember Scagliola stating there was still an issue with Scenic Hills on mudslides and asked that staff look into this. City Manager Don Taylor stated that he would be looking into the Scenic Hills issue and would be getting back to him Mayor Baldwin recognized Councilmember Trayhan who also stated that he had a similar discussing with Media Director Brad Bailey on the news link issue. 15. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers • Upcoming City Council agenda items Mayor Baldwin recognized the following: Mayor Pro-Tem Fowler who announced he would be leaving on Wednesday, June 24t~' on vacation and would be back sometime next week. 16. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized the following: City Manager Don Taylor stated he would not be at the 4`h of July celebration that will be going on in the City due personal business. City Attorney Michael Spain stated that Governor Perry signed into Law Senate Bill 1182 effective September 1, 2009 which "will not require the posting on an agenda on reports of items of community interest". Community interest is defined to mean and include: 6-23-09 Minutes Page - 8 - (1) expressions of thanks, congratulations, or condolence; (2) information regarding holiday schedules; (3) an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; (4) a reminder about an upcoming event organized or sponsored by the governing body; (5) information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 10:00 p.m. al Baldwin, ATTEST: ~. ~' Brenda Dennis, TRMC, CMC City Secretary 6-23-09 Minutes Page - 9 -