08-25-09MINUTES
REGULAR MEETING
August 25, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
August 25, 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 Michael Carpenter
Councilmember Tony Wilenchik was absent.
Staff Present: Assistant City Manager John Bierschwale
Assistant City Manager David Harris City Attorney Michael Spain
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
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
No ones spoke.
Presentation
• Report to Council by Paul Marsh, Guadalupe Advocacy Center.
Mayor Baldwin recognized Mr. Paul Marsh, Director of the Guadalupe Advocacy
Center who briefed Council on the activities of the center. Mr. Marsh stated that the
Advocacy Center hosts a monthly multidisciplinary team meeting with our partner
agencies, including Schertz Police Department, to discuss each case that comes
through our organization. These meetings are designed to share vital information
regarding crimes against children and to make sure that each child receives the vital
services that they need to begin the healing process.
The board of directors of the Advocacy Center recently approved a $270,000
budget for fiscal year 2009 -10. With that budget, we employ five (5) people (4
FTE). The paid employees are supplemented by over 30 volunteers providing more
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than 1,000 hours of service annually. The board of directors has also approved a
new strategic planning effort for which the Advocacy Center just received a grant to
accomplish. This fall the board of directors, staff, team members, volunteers, and
other stakeholders will work to plan the next three years for our organization,
making sure that the focus of all of our efforts is the health and wellbeing of
children traumatized by abuse. I am thrilled to announce that George Antuna was
recently elected to the Advocacy Center board for a two -year term beginning in
September 2009.
Mr. Marsh stated the center remains grateful for the generous financial support of
the City of Schertz since our inception, for the partnership of the Schertz Police
Department and Chief Starr, and for the community members like Bob Brockman
who has spent countless hours working behind the scenes at the Advocacy Center.
Mayor Baldwin and Council thanked Mr. Marsh for their work.
1. Minutes - Consideration and /or action regarding the approval of the minutes of the
Regular Meeting of August 18, 2009.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Mayor Pro -Tern Fowler to approve the minutes of the regular meeting of August
18, 2009 with the correction given to Council changing Val to Viola. Vote was
Vote 3 -0 -1. Councilmember Trayhan abstained. Motion Carried.
2. Resolution No. 09 -R -41 — Consideration and /or action on approving a resolution
authorizing the extension of park hours, extension of noise hours and parking for the
First annual Schertz "Absolute JaZZ and MovieZ In The Park" event. (G. Logan)
Mayor Baldwin recognized Parks and Recreation Director George Logan who
introduced this item stating The City of Schertz, Time Warner, and the Community
Fine Arts Network (CFAN), along with many volunteers, will be hosting and
working the First Annual "Absolute JaZZ and MovieZ In The Park" on September
12, 2009. Event attendees, volunteers and city staff working the Pickrell Park event
will possibly be in the park beyond the curfew hours of 11:00 p.m., closing down
the mobile stage and taking down the inflatable movie screen needed for the event.
Mr. Logan stated this resolution would waive the park curfew hours, noise
ordinance restrictions, and the parking of motorized vehicles for the volunteers for
the hours from 11:00 p.m. to 1:00 a.m. in the early morning hours of September 13,
2009. Several important support operations need to happen after the event. These
operations and this resolution will allow the First Annual "Absolute JaZZ and
MovieZ in The Park" event to be as successful as planned, similar to past city-
sponsored events held at Pickrell Park.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Trayhan to approve Resolution No. 09 -R -41. Vote unanimous
Motion Carried.
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3. Ordinance No. 09 -M -35 — Consideration and /or action approving an ordinance
revising and replacing Ordinance No. 08 -M -08, as amended regarding Graffiti in the
City of Schertz, to conform to new State Law requirements effective September 1,
2009. First Reading (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
answering questions from Council. Mr. Spain stating "as you recall in March the
City Council approved a revised Graffiti Ordinance." Late in the 2009 legislative
session, unfavorable graffiti provisions were added to House Bill 2086, a bill
relating to gangs. The new graffiti provisions require a city to have specific
provisions in any graffiti removal ordinance, including language that provides that a
city may require removal of graffiti by a property owner only if the city has first
offered to remove the graffiti free of charge, and the owner has refused to allow the
city to remove the graffiti. Then, if the city has offered to remove the graffiti for
free and the owner has rejected the offer, a city can remove the graffiti and charge
the expenses to the property owner. Many cities have ordinances that require
property owners to remove graffiti at their own expense, and the new law will
preempt these ordinances. These provisions take effect on September 1, 2009. The
amended and restated Graffiti Ordinance complies with the new state law. Mr.
Spain indicated the following change that would be made on final reading: (1)
where it says the Chief of Police, it needs to say City Marshal.
Mayor Baldwin recognized Trayhan who moved, seconded by Councilmember
Carpenter to approve Ordinance No. 09 -M -35 first reading. The vote was
unanimous. Motion carried.
4. Proposed Tax Rate for FY 2009 -10 — Conduct a public hearing and consideration
and /or action regarding the adoption of the FY 2009 -10 tax rate. (First required
public hearing) (D. Harris /J. Santoya)
Mayor Baldwin recognized Assistant City Manager David Harris who introduced
this item stating in accordance with Chapter 26 of the Texas Tax Code the City
Council must hold two (2) public hearings on a proposed tax rate.
At the August 11, 2009 regular session the City Council, by record vote, established
a proposed maximum tax rate of $0.4342 per $100 of value. This proposed rate is
not subject to rollback.
This public hearing will be the first public hearing. The second required hearing
will be conducted at the September 1, 2009 regular session. Staff recommends
that the Mayor open the public hearing, take comments, close the public
hearing and announce that the next public hearing on the proposed tax rate will be
conducted on September 1, 2009 at 6:30 p.m. in the City Hall Council Chambers.
Mayor Baldwin opened the public hearing and recognized Mr. Robert Gibson who
spoke against the proposed tax rate increase. As no one else spoke, Mayor Baldwin
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closed the public hearing and announced that the next public hearing on the
proposed tax rate will be conducted on September 1, 2008 at 6:30 p.m. in the City
Hall Council Chambers.
Mayor recognized Councilmember Scagliola who stated his objection with
increasing the tax rate to 0.4342, stating that it is not prudent to raise taxes during a
recession. He expressed his displeasure with the City Staff for tying the employee's
cost -of- living adjustment in with the proposed tax increase; stating the cost -of -
living (COLA) adjustment should be included in the budget and not attached as an
add -on. He said such an action created a lose /lose situation, raise taxes or deny the
employees their COLA, and he did not appreciate being put into that position.
Councilmember Scagliola made four recommendations: 1) When Bonds are
presented to the residents to vote on: make sure the residents know they will also
incur O & M obligations that may result in additional taxes; 2) Use some of the
money in the General Fund ($4.2 million) to cover the temporary downturn in the
City's revenue flow; 3) Do not raise taxes to increase the amount in the General
Fund balance; 4) Ensure all City Employees receive a respectable COLA. If staff
intends to stick with only a 2% increase, there will be numerous employees who
Will receive less than a marginal increase. He stated it would be more appropriate
to offer a minimum of $750 per year or 2 %, whichever is larger.
Mayor Baldwin recognized Mayor Pro -Tem Fowler who asked for an explanation
of what a rollback is. Assistant City Manager David Harris stated that the rollback
rate is the rate in which should the Council elect go above that rate, the citizens
would have the ability to force a rollback election. Mayor Baldwin stated that it is
8% above the exact amount of money the Council authorized last year in your tax
rate. If you exceed the levy last year by more than 8% then you put yourself in a
position where the public has the opportunity to push through a referendum asking
for a rollback. Mayor Baldwin stated that they are not at that point with the
proposed tax rate. Mayor Pro -Tem Fowler asked for clarification of how the City
calculates the Consumer Product Index (CPI). Finance Director Juan Santoya
stated that the City takes the CPI data and go back twelve months and find out what
has been the average, take the lowest and subtract from the average. The difference
is how much the economy has changed and gives a cost -of- living increase
percentage.
Mayor Pro -Tem Fowler expressed his approval of the proposed tax rate based on
the lack of income coming in, and the fact there is still 38,800 people that the city
has to support and maintain services the citizens expect. The economy is a big
driver in what the city is trying to do. Mayor Pro -Tem Fowler stated that the city is
doing everything they can to keep the employees, and it doesn't make sense to let a
few employees go to keep the tax rate where it is and then in a couple of years when
things get better the city would go and hire and have to retrain someone to take their
positions. Mayor Pro -Tem Fowler reminded everyone of the position the City of
Schertz is in regarding being the 39th best place to live and the AAA bond rating,
which is a result of the City being managed properly.
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Assistant City Manager John Bierschwale stated that the city departments have
already cut their budgets, some departments cut more than 10% and are doing
without right now. The City has a new library that requires more employees and
the City has opted to hire part time employees because they cannot afford full time,
the Library will require facilities maintenance; there is a need to service the larger
facility. The City is lacking in the police and fire departments; the court is busting
out at the seams. The city has tightened their belts as tight as possible. The City
has gone out for the grants that are available only to find out that our City is
healthier than most and were denied. Mr. Bierschwale reminded Council that the
only thing the employees have gotten last year and this year was a COLA, there
have been no merit increases, management has frozen the merit system because of
the economy.
Mayor Baldwin recognized Councilmember Carpenter who stated that is it always a
difficult thing when Council considers raising taxes, essentially we are taxing
ourselves, as we live here and will be paying the higher taxes too. Several things
that have not come out prior to this meeting is what staff has done to deal with the
needs of the City, budget constraints, hiring part-time workers to fill the needs
where they would like to have full -time but cannot afford to pay for full benefits,
the City is bridging gaps . The City has outsourced a number of non -core functions
within the city particularly with Parks and Recreation. Understand, too, that while
we are raising the taxes but dealing with a very large shortfall on the revenue side
that the City has been blessed to have for several years, in hotel tax, sales tax, fees,
fines, and permits.
The City has to make up these areas and it is very challenging. The City has gotten
into a position with the work that this Council and previous Councils have done to
get where we are close to being in a balanced position of tax revenues from our
residents and other sources. It is an amiable position to be in and is much better
than if we were having to rely much more on other resources when we hit an
economic situation like we are in today which could cause the City to have a bigger
impact than what we are seeing now. The City has built the new facilities and they
have to staff them, it is unreasonable to build them and compress the services.
Councilmember Carpenter stated that this Council and previous Councils do have a
track record of, as we are able come out of difficult times like we are in now and
going back and lowering the tax rate when they can. We are equal in the number of
times we have increased taxes and lowered taxes, so the precedence is there and if
we are to as least maintain the service levels we have we will go back and reduce
taxes as appropriate. Unfortunately, with the position the city is in now, the mix of
down turn in revenues, and based on the economic conditions as well, the need to
maintain the current services that exist there is no other way to do it. He stated that
he has gone through the budget and that staff has done an excellent job and there is
not a lot more that can be done or to be cut.
Mayor Baldwin added his approval of the tax rate increase stating that as a result of
opening the new Library, the City is going to have to add new staff members,
actually most of them part-time employees to save on salaries of hiring full time.
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Mayor Baldwin reminded everyone it was voting on by the taxpayers who wanted
the Library. The Library is a much larger facility than the old facility; it requires
more employees, more custodian staff, more air conditioning and heating costs, and
many other things. The community thought it was necessary to build the new
Library and it is not possible to run the larger facility on the same amount as the old
one. Mayor Baldwin stated that Councilmember Scagliola had an opportunity
during the budget workshops to express areas of concerns and that he did not bring
up any concerns. Mayor Baldwin stated that he believes that Councilmember
Scagliola should bring his ideas back to Council and staff as to where the city can
cut costs but that the Library is not an area. Most of the costs are for the new
Library with the exception of one court clerk, custodial staff, and one part-time
Park worker. Mayor Baldwin stated that a 2% cost of living increase is minimal
and reminded everyone about the already frozen merit increases. Mayor believes
that staff has cut areas as low as possible and still provide the same type of services
the community is use to.
Mayor Baldwin recognized Councilmember Trayhan who stated as a former City
Manager who spent ten years going over budgets line item by line item he supports
the efforts that management has done and supports the budget and tax rate increase.
5. Resolution No. 09 -R -42 — Consideration and /or action approving a resolution
authorizing and directing the execution and filing of a petition to annex 0.563 acres
which is the former location of the Schertz Animal Shelter and related matters. (M.
Spain/D. Harris)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
stating the property formerly used as the Schertz Animal Shelter is currently in the
City's extraterritorial jurisdiction ( "ETJ") and is completely surrounded by land that
is within the City limits. The City Manager's office would like to annex that
property in order to eliminate this small island of ETJ. City Attorney Michael
Spain asked that a modification be considered that the Council allows the Assistant
City Manager to sign the document in the absence of the City Manager so that the
petition can be filed tomorrow, Council concurred.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve Resolution No. 09 -R -42. Vote was
unanimous. Motion Carried
Mayor Baldwin adjourned into executive session at 7: 58 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 8:31 p.m.
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RECONVENE TO REGULAR SESSION
6. Take appropriate action regarding acquisition of easements related to Town Creek
Sewer Line Project, Phase 2, as a result of the Executive Session. (M. Spain)
Mayor Baldwin recognized Mayor Pro -Tem Fowler who moved, seconded by
Councilmember Scagliola to acquire ten (10) sewer line easement tracts (five (5)
permanent easements and five (5) construction easements from Scratch Golf L.L.C.,
for City's Town Creek Sewer Line Project, Phase 2, for a purchase price of
$41,250.00, plus closing costs; provided, if Scratch Golf L.L.C., is unable to
provide evidence of its ownership of four (4) of the tracts, two (2) permanent and
two (2) construction easements) the purchase price will be reduced by $1,593.75, to
$39,656.25 plus closing costs. Vote was unanimous. Motion Carried
7. Take any other action deemed necessary as a result of the Executive Session.
No further action taken.
Requests and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No requests given.
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 attended the following:
• Open House at the School Medical Center at the Schertz Elementary
• ITM 801h Anniversary Celebration
• TCMA Monthly meeting held at the Library
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Mayor Pro -Tem Fowler stated that he looks forward to the Library Gala on
Friday and the Grand Opening on Saturday
Mayor Baldwin recognized Councilmember Scagliola who stated it has been a
busy few weeks; he stopped by the City pools to see how some of our residents
are contending with the heat. The pools look great; he thanked the Parks
Department and the YMCA who hired a wonderful crew of lifeguards keeping
our residents safe.
He stated he had a super tour of the Library last Friday followed by the grand
opening of the Visitors Center and Chamber of Commerce offices.
Councilmember Scagliola attended Congressman Lamar Smith's town hall
meeting in our Civic Center on Monday, August 24, 2009 and was surprised to
see so many in attendance, around 850 was his best estimate. Councilmember
Scagliola thought the meeting was very productive and informative and knew
the City expended some resources to host this meeting and thanked all involved.
He stated we made front -page news unfortunately it was mostly because of an
outspoken individual; overall, the event went rather smoothly, thanks in large
part to the presence of numerous City personnel, especially the Police
Department, Fire Department and the Marshalls. He also expressed his thanks
to all those responsible for the operations and maintenance of the Civic Center.
Mayor Baldwin recognized Councilmember Trayhan who thanked everyone for
their kind sentiments regarding the loss of his mother -in -law, Gloria Gallagher.
Mayor Baldwin recognized Councilmember Carpenter who read a letter from a
resident thanking and giving kudos to Detective Kallies regarding the retrieval
of items that were stolen out of their vehicle.
Mayor Baldwin provided an update on Councilmember Tony Wilenchik stating
that he had spent the night at BAMC and asked that everyone keep him in their
prayers.
11. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized Assistant City Manager David Harris who asked
everyone to visit the Cities new website and check out the new look.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meeting at 8:44 p.m.
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Hal Baldwin, ayor
ATTEST:
nda Dennis, TRMC, C City Secretary
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