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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 8-11-09 Minutes Page - 2 - • 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) 8-11-09 Minutes Page - 3 - 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 8-11-09 Minutes Page - 4 - 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. 8-11-09 Minutes Page - 5 - 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 8-11-09 Minutes Page - 6 - i 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) 8-11-09 Minutes Page - 7 - 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 8-11-09 Minutes Page - 8 - I 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 8-11-09 Minutes Page - 9 -