08-11-09 MINUTES
REGULAR MEETING
August 11, 2009
A Workshop and Regular Meeting was held by the Schertz City Council of the City of
Schertz, Texas, on August 11, 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 Mayor Pro-Tem Jim Fowler
Councilmember David Scagliola Councilmember John Trayhan
Councilmember Tony Wilenchik
Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale
Assistant City Manager David Harris City Secretary Brenda Dennis
Councilmember Michael Carpenter was absent.
CALL TO ORDER:
WELCOME /OVERVIEW:
i. Presentation and discussion of the FY 2009/2010 Budget. (Staff)
Mayor Baldwin called the Workshop to order at 6:30 p.m. and recognized Assistant
City Manager David Harris who provided a brief overview of the proposed budget
as follows:
All Funds -Revenues
General Fund $18,127,770
Special Events Fund $ 176,544
Water & Sewer Fund $15,042,703
EMS Fund $ 6,705,686
Drainage Fund $ 665,070
Hotel Tax $ 417,810
Park Fund $ 39,100
Recycling Fund $ 46,000
Capital Recovery $ 4,555,002
I&S Fund $ 3,848,107
Parks & Rec Foundation $ 175,715
SEDC $ 2,183,000
Grand Total $51,982,507
All Funds -Expenses
General Fund $17,962,656
Special Events Fund $ 169,344
Water & Sewer Fund $15,039,024
EMS Fund $ 6,565,398
8-11-09 Minutes
Drainage Fund $ 663,433
Hotel Tax $ 370,319
Park Fund $ 33,500
Recycling Fund $ 46,000
Capital Recovery $ 4,555,002
I&S Fund $ 3,567,242
Parks & Rec. Foundation $ 175,000
SEDC $ 1,937,196
Grand Total $51,084,114
Property Values
• 2008 Tax Roll = $1,926,528,474
• 2009 Tax Ro11= $2,064,679,940
• 6% Increase
$0.4090 Includes
• CAD $208,000
• Current positions, 316 Total
• Health Insurance increase of 9%
• Includes creation of the Parks & Recreation Foundation
• Senior Deputy Court Clerk
• Crescent Bend Park
Proposed $0.4342 Adds
• $113,317 Facilities Maintenance 3 FTEs (1 F/T and 4 P/T)
• $ 54,685 Library 6 P/T positions and reclassifications
• $ 41,202 Library Equipment (video conferencing equipment, barcode
scanners, INCODE cash register, laptops for classes)
• $ 16,970 Crescent Bend Park Foreman Regrade
• $247,395 Cost of Living Adjustments 2%
• $165,000 Added to Fund Balance
• $638,569 Total
Property Tax Rate
Rollback 0.4343
Proposed 0.4342
Effective 0.4156
Current 0.4090
New Improvements
• Library Staffing
• Crescent Bend Park
• Soccer Fields
• Senior Center (Planning Stage)
New Personnel
• 1 Senior Deputy Court Clerk
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• 1 Parks Forman Reclassification
• 1 Full Time Facilities Maintenance Worker
• 4 Part Time Facilities Maintenance Worker
• 6 Part Time positions for the new Library
• 4 Library Technician Reclassifications
Mr. Harris stated that the next agenda item is for City Council to take a record vote
on the proposed tax rate and schedule two (2) Public hearings at which the proposed
tax rate. Further, another record vote will have to be taken on the proposed rate
prior to final adoption of the tax rate ordinance.
Staff is recommending a rate of $0.4342 (0.2842 for M & O and 0.1500 for I & S).
This rate exceeds the effective tax rate of $0.4156.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who stated he was surprised
with the proposed 2% cost of living adjustment. Mayor Pro-Tem Fowler stated that
with today's market, you are saying that there has actually been a 2% cost of living
increase, even though everything is going down in a bucket. Mr. Harris answered,
yes, it was his understanding that the CIP is higher than that, and believes it is
actually 3.8%, and yes the city is experiencing that and several cities are rolling that
in their cola budget.
Mayor Pro-Tem Fowler also had Mr. Harris explain the need for the new additional
part-time Library workers and Facilities Maintenance workers. Mayor Pro-Tem
Fowler stated that after seeing the new Library Facility the city will definitely need
the additional workers.
No further discussion.
ADJOURNMENT WORKSHOP:
Mayor Baldwin adjourned the workshop at 6:40 p.m.
CALL TO ORDER REGULAR MEETING
Mayor Baldwin called the meeting to order at 6:41 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.
Presentation
• National recognition on Schertz EMS. (D. Wait)
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Mayor Baldwin recognized EMS Director Dudley Wait who presented the Council
with a copy of a new National Magazine that started up in July this first issue
features the design of the new Schertz EMS Truck, showing its safety design. He
stated the City has received recognition nationally from the magazine and the
article. Mayor and Council thanked Dudley and his staff.
• Recognition of Library Employees. (G. Douglas)
Mayor Baldwin stated that this had been withdrawn from tonight's agenda.
• Employee recognition. (R. Duprat-Waldo)
Mayor Baldwin recognized Purchasing and Asset Management Director Rita
Duprat-Waldo who stated that these employees do not know what is about to
happen, only that she asked them to attend tonight's Council meeting. Ms. Duprat-
Waldo stated she is really proud to be associated with these folks and said that if
she was ever in serious trouble she certainly hopes that these individuals to be on
scene as fast as they were a couple of weeks ago when they are responded to a fatal
accident which occurred in front of their offices on FM 1518.
Mayor Baldwin presented Certificates of appreciation to the following: Jerry
McFarland, Kimberly Lewinski, Nancy Johnson, Shelley Krauss, John Clay,
Marcello Garcia, Bryan Timmons, Jeremy Quast, Wes Piez, Ben Castillo, Aaron
Damman, Jose Garza, and Rita Duprat-Waldo.
HEARING OF RESIDENTS
No one spoke.
Discussion and/or Action Items
1. Property Tax Rate -Consideration and/or action on a Record Vote on setting the
Preliminary Tax Rate for FY 2009/2010 and Scheduling of Public Hearings on the
proposed tax rate. (D. Harris/J. Santoya)
Mayor Baldwin recognized Assistant City Manager David Harris who stated in
accordance with Chapter 26.05(d) of the State's Property Tax Code, a governing
body must take a Record Vote to place a proposal to adopt the rate on the agenda of
a future meeting as an action item if the preliminary tax rate exceeds the Effective
Tax Rate. The proposal must specify the desired rate.
After the Record Vote, the governing body must then schedule two (2) Public
hearings at which the proposed tax rate will be considered. Aone-quarter ,page
"Notice of Public Hearing on Tax Increase" must be published in the local
newspaper. The notice will contain information based upon a preliminary tax rate
to be determined by the City Council. Further, another record vote will have to be
taken on the proposed rate prior to final adoption of the tax rate ordinance. Staff is
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recommending a rate of $0.4342 (0.2842 for M & O and 0.1500 for I & S). This
rate exceeds the effective tax rate of $0.4156.
Mr. Harris stated that the goal of the proposed rate is to maintain the provisions of
' quality services to the residents and business property owners of the City of Schertz
while at the same time preserve a certain level of financial stability with regard to
the reserve funds of the General Fund. Approval of this rate will continue to fund
adequate levels of Police and Fire Services, EMS, Street Maintenance Services, and
Recreational Services to the general public.
The proposed rate of $0.4342 is $0.0252 higher than the current rate of $0.4090.
This proposed rate will generate approximately $9,721,468 of property tax revenue,
assuming a 98% collection. Staff recommends that the Council take a Record Vote
on the preliminary tax rate of $0.4342 schedule two (2) Public Hearings for
September 1, 2009 and September 8, 2009.
An average house valued at $164,168 would see an increase of $42 with the
proposed rate. This action would set the preliminary tax rate for FY 2009-10 as
$0.4342 to exceed the effective tax rate of $0.4156.
Mayor Baldwin recognized Councilmember Scagliola who stated that he is not
enamored with the rate of $0.4342, he see departments that need funding probably
are not going to get any and vise-versa. He stated that the biggest ticket item was
the amount of money that will be going back into reserves and quite frankly would
like to see that money go into our personnel and our services rather than put into
our bank account. He stated his displeasure with the proposed tax rate of $0.4342,
which is only a one one-ten thousand of a point away from the roll back. He stated
if you really wanted to go for the gusto then the city should have gone to $0.4345
and brought it to the voters and see if they would approve this. Councilmember
Scagliola stated these are hard times and the last thing people want is for their taxes
to be increased, everyone is tightening their belts and he knows there is justification
in that it is only $42 for the average home and its $42 this year and next year but it
.adds up. Councilmember Scagliola stated he cannot see himself agreeing to
anything above the current rate of $0.4090.
Mayor Baldwin stated that the Council is not really voting on a tax rate this evening
only that they are voting on a rate that they will not exceed.
Mayor Baldwin recognized City Manager Don Taylor who stated that the city has
the opportunity to come and lower this proposed tax rate and his staff is certainly
willing to do that, all Council has to do as elected officials is tell the staff what you
would like to cut, they can cut personnel from the Library, Fire, Police, EMS where
ever Council wants. Mr. Taylor stated that he would want the Council to keep in
mind and the citizens to understand the last four (4) years the City of Schertz, being
the only city is this entire part of the State that not only did not raise taxes but also
lowered them, the City is not even up to the rate the city was some time ago.
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Mr. Taylor stated that this is a proposed budget, Council can make any cuts they
desire. Council can direct staff to roll back the taxes to .38 cents or .37 cents just be
reminded, the City is obligated to meet its indebtness.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who stated Council sees an
increase in the tax rate but that the city needs to realize that we are seeing a
decrease in our sales tax, the economy is affecting us. It does not make any sense
for the city to have an infrastructure if we cannot maintain it. Considering all, the
City has done their best to keep the amount of the tax as low as possible. At the
same time looking toward the future, saying these are things the City is going to
need and things we need to watch out for in the future. Staff has done an excellent
job in balancing the needs of the city, keeping it moving forward and at the same
time not being irresponsible with the money. Mayor Pro-Tem Fowler believes the
City is taking the prudent approach.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who stated the City must
maintain the infrastructure and he is concerned with the current economy and is in
favor of raising the tax rate.
Mayor Baldwin recognized Councilmember Wilenchik who stated that he
understands what Councilmember Scagliola is saying, by going to $0.4343 and not
going to the roll back rate is not sending it back to the voters. If the City passes the
rate of $0.4342 that is the highest the Council can go and it will not be going to the
voters, the question is if we want it to go to the voters and let them decide whether
they want a tax increase or not, then we will have to go higher than $0.4342, he is
content with the proposed tax rate of $0.4342.
Mayor Baldwin recognized Councilmember Trayhan who stated that drawing from
his ten years of experience as City Manager, the City is not doing anything different
than he has seen councils do in the past and is content with voting on the proposed
tax rate.
Mayor Baldwin stated that he concurred with Councilmember Trayhan the City has
done this in the past; it's been awhile since the city has had to get anywhere close to
a roll back rate. Most taxing entities throughout the state are very comfortable with
not putting it to the voters, even though several citizens have voiced their approval
to go past the roll back rate and take it to the voters and believes they would
approve it. Mayor Baldwin stated the Council has been good stewards with the
taxpayer's money and under the right circumstances, even during tough times, we
would not have the public come out in huge number against above the roll back
rate. Bottom line, building permits are down and sales tax is down; the City has
always done what was in the best interest of their citizens.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Wilenchik to set the tax rate at $0.4342 and schedule two (2)
public hearings for September 1, 2009 and September 8, 2009. The roll call is as
follows: Mayor Pro-Tem Fowler voting in favor, Councilmember Scagliola
voting against, Councilmember Trayhan voting in favor, Councilmember
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Wilenchik voting in favor. The vote was 3-1-0 with Councilmember Scagliola
voting no. Motion Carried
2. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of August 4, 2009.
Mayor Baldwin recognized Councilmember Scagliola who stated that he would like
the following three points included under the discussion on the Use of Speed
Control Devices Mr. Dublin made to be included on the minutes, and they are as
follows: (1) Proactive planning and design for future developments; (2) Speed
control devices have limited utility; (2) Education and enforcement are the most
practical ideas.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Trayhan to approve the minutes of the regular meeting of August 4,
2009 with the above additions. Vote was Vote 3-0-1. Mayor Pro-Tem Fowler
abstained. Motion Carried.
3. Ordinance 09-D-33 -Temporary Construction Speed Limit -Consideration
and/or action approving an Ordinance for extending a temporary construction speed
limit on FM 3009 North and Southbound Directions between Mile Point 4.688 and
Mile Point 4.527 and Between Mile Point 23.663 and Mile Point 23.012. Final
Reading (L. Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who stated there have been
no changes since first reading. Mayor Baldwin recognized Councilmember
Trayhan who moved, seconded by Councilmember Scagliola to approve Ordinance
No. 09-D-33 final reading. Vote was unanimous. Motion Carried
4. Ordinance No. 09-E-31 -Consideration and/or action approving Ordinance No.
09-E-31 calling anon-binding referendum to be held in the City of Schertz, Texas
on November 3, 2009 concerning the City's Curbside Recycling Program, making
provision for the conduct of the non-binding referendum; and resolving other
matters incident and related thereto. Final Reading (B. Dennis)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
stating that the recommended additions to the ordinance as discussed on first
reading have been incorporated in the final reading of the ordinance.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 09-D-31 final reading. Vote
was unanimous. Motion Carried
5. Resolution No. 09-R-39 -Consideration and/or action approving a resolution
accepting a deed of dedication and authorizing a letter agreement with 196 Scenic
Hills, LTD., and other matters in connection therewith. (J. Bierschwale)
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Mayor Baldwin recognized Assistant City Manager John Bierschwale who
introduced this item stating this is the piece of property that Joey Guerra with
Scenic Hills, LTD., wants to give to the City, all they ask is if the City will pay for
the surveying and they will go ahead and deed the property to the City. He stated
that this property will be used for a future site for aFire/EMS station or Substation
of some sort for customer service and recommends council accept the property.
Clarification was given to Council that this property will be for public use and make
sure planning & zoning designates this property and other property as such.
City Attorney Michael Spain stated that this property is subject to deed restrictions
under the single family residential designation, there are two restrictions on the
property (1) with the homeowners association agreement which can be changed by
Scenic Hills Ltd. which they have agreed to do that and (2) one is in the deed to
Scenic Hills Ltd., and owners have agreed to use their best efforts to have that
removed.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Mayor Pro-Tem Fowler to approve resolution No. 09-R-39. Vote was unanimous.
Motion Carried
Mayor Baldwin adjourned into executive session at 7:20 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.
Mayor Baldwin reconvened into regular session at 8:45 p.m.
RECONVENE TO REGULAR SESSION
6. Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved, seconded by
Councilmember Scagliola to have the City acquire the following five (5) water and
sewer easements for FM 3009 utility relocations: Parcel 1, 0.219 acres for
$10,285.00 with Dexus San Antonio Industrial, L.P., Parcel 2, 0.015 acres for $0.00
with TxDot Contribution, Parcel 5, 0.092 acres for $24,168.24 with Walter J.
Vestal, Parcel 6, 0.10 acres for $21,900.00 with Robert A. Theis and Parcel 7, 0.017
acres for $2,823.00 with Phillip and Sabina Neal. Vote was unanimous. Motion
Carried
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Trayhan that the city proceed with negotiations with Bexar County
for the city to control and manage Cresent Bend Park and direct the City Manager,
City Director of Parks and Recreation, and City Attorney to work with Bexar
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County to finalize an Interlocal Agreement for consideration by the City Council.
Vote was unanimous. Motion Carried
Requests and Announcements
7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No requests given.
8. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given.
9. 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 he was able to take his
sister along on their vacation, which allowed her to take a rest and exercise by
walking around; it was a good and wonderful vacation and appreciated all the
prayers for his sister.
10. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized Assistant City Manager John Bierschwale who asked
everyone to keep COMA Manager David Dennis in their prayers as he had a
massive heart attack this past weekend.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjou the meeting at 8:50 p.m.
al Baldwin, Mayor
ATTEST:
Brenda Dennis, TRMC, CMC City Secretary
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