07-21-09MINUTES
REGULAR MEETING
July 21, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
July 21, 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 Michael Carpenter
Staff Present: City Manager Don Taylor
City Attorney Michael Spain
Councilmember John Trayhan was absent.
CALL TO ORDER REGULAR MEETING
Mayor Pro -Tem Jim Fowler
Councilmember Tony Wilenchik
Assistant City Manager John Bierschwale
City Secretary Brenda Dennis
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:
• County Commissioner Wolverton came forward stating that it was his honor to
announce that Sheriff Arnold Zwicki has been named Sheriff of the year by the
Texas Sheriffs Association and that Judge Wiggins planned on attending this
evening to hear from Dan Kinsey speak but was on his way to Corpus Christi to
attend the conference where Sheriff Zwicki will be receiving the award.
• Ed "Grumpy" Azzoz with Grumpy's Night Catering spoke regarding the upcoming
Grand Opening for the new City Library stating that his Catering business would be
sponsoring the VIP night event scheduled for August 28th_. Mayor and Council
thanked Grumpy for his generosity and support.
• Mr. Joe Goss, 3904 Arroyo Dorado, who spoke on Schertz Fest 2008 -2009
financial funding concerns specifically the cost of the fireworks show. City
Manager Don Taylor stated that there is an item on the agenda this evening that will
address his concerns.
• Mr. Ted Myers, of Kung Jung MuSul of Schertz, who came forward recognizing
three of his top students who recently competed at the World Taekwondo games
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Great Kickathon 2009 held in Jeju Island, South Korea: Luis Elias — 410 kicks,
Kathrine Schumaker — 341 kicks, and Trenton Saeger — 337 kicks in three minutes.
Mayor Baldwin moved to the Presentation section of the agenda to allow Mr. Kinsey to
give his presentation.
PRESENTATION
• Presentation on Pandemic Planning (Dan Kinsey, Guadalupe County Emergency
Mgmt. Coordinator)
Mayor Baldwin recognized Guadalupe County Emergency Management
Coordinator Dan Kinsey who came forward providing a PowerPoint presentation
regarding procedures on Pandemic Planning.
Mayor Baldwin presented Mr. Kinsey with a certificate of appreciation for his
recent efforts during the recent Swine flu breakout. Mayor and Council thanked
Mr. Kinsey as well as all members of EMS, Fire, Police and other staff members for
their work.
Mayor Baldwin moved back to the hearing of residents and recognized the following:
• Ms. Cynthia Palmer, 409 Pecan Drive, who thanked Michelle Sanchez for speaking
with her regarding carports and asked Council to reconsider allowing carports in
certain areas.
• Mr. Raymond Cook, 913 Dimrock, spoke on the following: Flu? Foo! He does not
see it is a problem as Homeland Security does. Recycle? If it is decided that it
needs to be done he suggest that they keep the Library in the loop, as a possible
fundraising opportunity of diverting the curbside recycle pickup to containers at the
Library, the Library would be drop place instead. The Fire /EMS Complex in South
Schertz? He would like to see Council do their diligence in moving this project
forward because the new rooftop developments as well as the school population
growth. There will be a tremendous amount of traffic on an old County Road and
the Complex is much needed to service this area.
Discussion and /or Action Items
1. Report and discussion on 2008 Schertz Fest Expenditures - Report on the
expenditures for the 2008 Schertz Fest Celebration. (J. Bierschwale)
Mayor Baldwin recognized Assistant City Manager John Bierschwale who
provided the following information on the 2008 Schertz Fest Expenditures:
General Fund — Operational Expenses
• Materials $ 42
• Tents $ 660
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• Volunteer Food $ 119
• Buses
$ 2,208
• Misc
$ 1,320
• Entertainment
$ 990
• Advertising
$69,563
TOTAL
$74,902
SPECIAL EVENTS FUND — OPERATIONAL EXPENSES
•
Fencing
$
2,747
•
Materials
$
110
•
Stage
$
5,240
•
Tents
$
455
•
Toilets
$
2,584
•
Volunteer Food
$
402
•
T -Shirts
$
3,837
•
Misc.
$
1,318
•
Advertising
$
2,716
TOTAL
$19,409
FOUNDATION
INCOME
EXPENSES
Donations (Sponsors)
$63,295
Operations
$44,638
Revenues (Ticket Sales)
$69,652
Vendors
$21,038
Bank Interest
$ 57
Security
$12,406
Booth Workers
$ 2,050
Bands /Dancers
$32,200
Kidzfest
$10,000
TOTAL
$133,005
TOTAL $122,332
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PROFIT
$10,673
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Mayor Baldwin moved to item 10 to allow Mr. Bierschwale to address Council regarding
the upcoming 2009 Schertz Fest as well as 4 July Jubilee expenditure /profit information.
Mr. Bierschwale stated that Schertz Fest 2009 is scheduled for October 2nd and 3`d and
admission is free. Following is a list of some of the events:
• Texas Gulf Coast BBQ Cookers BBQ Cook -Off
• Carnival
• Food and Fun for the whole family
• Raffle Ticket Drawing
• Variety of Music on both Days
• Friday October 2nd is Tejano Night
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2.
• Saturday October 3'd is Texas Country
Budget for the event: Sponsorships have been received, and more on the way. Total
estimated budget of $70,000, expected income $70,000 plus, all proceeds benefit
the Schertz Parks and Recreation Foundation.
Mr. Bierschwale provided the following information on the profit and loss
expenditures from the recent 4th July Jubilee:
Projected Revenue:
Projected Expenses:
Hotel /Motel Fund ($46,000.00) allocated
Parks & Recreation Foundation
Parks & Recreation Proceeds:
PROPOSED ACTUAL
$88,000.00 $123,673.75
$20,000.00
$68,000.00
$88,000.00 $115,577.87
$ - $ 3,983.88
Key Points:
• Hotel /Motel Funds Reimbursed $20,000,00
• Library Donation $ 4,112.00
• Reimbursed G/F $ 2,021.87
Mr. Bierschwale publically thanked HEB as the Corporate Sponsor for the
Fireworks as well as many sponsors and event volunteers. City Manager Don
Taylor publically thanked Mr. Bierschwale, Cindy Raleigh, Bob Cantu, Juan
Santoya and Gail Douglas for planning such a successful event and for providing all
the volunteers.
Minutes — Discussion and consideration and /or action regarding the approval of the
minutes of the July 14, 2009 regular meeting.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Carpenter to approve the minutes of the regular meeting of July 14,
2009 with correction noted. Vote 4 -0 -1. Mayor Pro -Tern Fowler abstained. Motion
Carried.
3. Ordinance No. 09 -D -30- Consideration and /or action approving an ordinance
amending Section 86 -149 Parking prohibited at the south end of Fairlawn Avenue.
First Reading (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating at the monthly TSAC meeting on July 9, 2008 the commission was briefed
regarding the request to have the calming circle at the south end of Fairlawn
Avenue designated a No Parking Zone for safety reasons. This circle is in close
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proximity to Sippel Elementary and during school events cars park along Fairlawn
including the circle. This creates a safety issue due to emergency vehicles not being
able to easily transit the circle. A motion was made by the Commission to have this
recommendation presented to Council. The Fiscal Impact will be $80.00 Proposed
FY 2008 -2009 budget, Account number: 101- 359 - 551600 — Street Maintenance.
Mr. Dublin stated staff recommends Council approve first reading of Ordinance No.
09 -D -30 to make the traffic calming circle at 420 Fairlawn a No Parking Zone thus
amending ordinance Section 86 -149 Parking Prohibited.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Mayor Pro -Tem Fowler to approve Ordinance No. 09 -D -30 on first reading. Vote
was unanimous. Motion Carried.
4. Bid # RFP 08- PW- 52- PS -01- Bid Award Road Asset and Pavement
Management System — Consideration and /or action awarding a contract with
Transmap Corporation for a Road Asset and Pavement Management system in the
amount of $85,765.00. (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item
stating in January of 2009, the City received responses to a Request for Proposal for
a Road Asset and Pavement Management System from three firms. The proposal
from the recommended firm, Transmap, and a tabulation of dollar amounts are
included. The decision for awarding this project was deferred because the City of
San Antonio had also advertised for the same program with results to be read in
February. It was felt that we could possibly "piggy- back" on San Antonio and
decrease the costs. San Antonio finally made their decision in June but the firm the
committee recommended was not chosen.
Mr. Dublin stated this system would allow him to evaluate and classify all streets
maintained by the city. It would also allow him to work with Public Works to
establish a 10 -year street maintenance plan. The system will also identify and
classify assets such as curbs, sidewalks, signs, striping, signals lighting, manholes,
valves, etc for inclusion in the City's fixed asset database, thereby more precisely
meeting the requirements of GASB 32.
Mr. Dublin stated the system would allow a quick classification of the remaining
road projects slated for reconstruction in the 2009 Bond package. The fiscal impact
is a follows:
Road work:
Budgeted in 2007 Bond — Roads: $ 100,000.00
Proposal from Transmap $ 85,765.00
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Mr. Dublin stated he recommends that Council approve entering into a contract
with Transmap Corporation for a Road Asset and Pavement Management System in
the amount of $85,765.00.
Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by
Mayor Pro -Tem Fowler to approve entering into a contract with Transmap
Corporation for a Road Asset and Pavement Management System in the amount of
$85,765.00. Vote was unanimous. Motion Carried.
5. City of Schertz Recycle Rates — Discussion and consideration and /or action
regarding the City of Schertz Recycle Rates and the possibility of a November
Referendum. (D. Taylor /J. Bierschwale)
Mayor Baldwin recognized City Manager Don Taylor who stated that what staff
would like to do is in November bring a referendum to the citizens asking them if
they wish to continue the recycling program and also to allow Council to set the
recycling rates. City Attorney Michael Spain stated that if this is the desire of the
Council then they would need to approve first reading of an ordinance calling a
November 3rd election on August 4, 2009 and final reading on August 11, 2009.
City Secretary Brenda Dennis stated that she has been in contact with Guadalupe
County and the City of Selma to hold a joint election and the agreements will be
forth coming.
Mayor Baldwin recognized Councilmember Wilenchik who moved to present a
referendum to the citizens in November as well as hold a joint election with the
City of Selma and Guadalupe County Elections Administration, seconded by
Councilmember Scagliola. Vote was unanimous. Motion Carried.
Mayor Baldwin stated that he is not in agreement with placing a large recycling
container at the new Library but that he would like to look into an area where
citizens could bring their recycling items. He farther stated that citizens normally
do not place just recycling items in the containers and this creates a larger problem
for Bexar Waste. City Manager Don Taylor stated that the city had tried this in the
past but the manpower required for this type of program was not cost effective.
6. City of Schertz Sweetheart Committee — Discussion and possible action
regarding appointment of the City of Schertz Sweetheart Committee Members. (E.
Matlock)
This item was pulled from the agenda.
Mayor Baldwin adjourned into executive session at 8:05 p.m.
Councilmember Wilenchik left the meeting.
EXECUTIVE SESSION
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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.
Mayor Baldwin reconvened into Regular Session at 8:50 p.m.
RECONVENE TO REGULAR SESSION
7. Take any additional action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Baldwin recognized Mayor Pro -Tem Fowler who asked that staff bring
information back regarding the status of the use of the interactive maps on the
website. City Manager Don Taylor stated that he would look into this and get back
with him.
9. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given.
10. 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 Mayor Pro -Tem Fowler who stated that his sister is
back home recovering and thanked everyone for their thoughts and prayers. He
also stated that while he was there, the City of Mineola Texas was having an
American Veterans Memorial Wall brought to the City. He stated that he has made
email contact with the company for more information and will provide to staff and
Council and would like them to consider this type of project at one of our upcoming
special events.
Mayor Baldwin stated that in conjunction with Mayor Pro -Tem Fowler, he received
a letter from Representative Joe Farias of Bexar County and he and other
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representatives are starting a campaign to help raise funds to build a Vietnam
Veterans Monument on the east side of the Capitol grounds. This monument would
include names of all the Texas Veterans who served in Vietnam. He further stated
that he contact Representative Farias and let him know that he would be happy to
assist and that he believes that this is a great project for the Northeast Partnership
Organization as well as getting the surrounding cities involved in raising funds.
11. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized City Manager Don Taylor who stated that he noticed
that one of the Councilmembers abstained from voting on one of the items on the
agenda and that he has asked City Attorney Michael Spain to go over the option a
councilmember has if abstaining from a vote.
Mayor Baldwin recognized City Attorney Michael Spain who gave the following
reasons for abstaining:
• Conflict of interest — legally required
• Appearance of conflict of interest
• Abstention related to minutes — not at meeting- so you do not know whether
minutes are accurate or not
• Abstention because of need for more information if Council will not agree
to postpone an item
• Abstention because Councilmembers truly cannot decide or just prefers not
to go on the record with a "yes" or "no"
Abstaining by a Councilmember could result in the Mayor having to cast the vote to
break a tie if this is caused by a Councilmember abstaining for "political' reasons,
the Mayor will probably mention that fact in casting his vote.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meeting at 8:50 p.m.
Baldwin, Mayor
ATTEST:
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Brenda Dennis, TRMC, CMC City Secretary
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