09-08-09 MINUTES
REGULAR MEETING
September 8, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
September 8, 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 Councilmember Michael Carpenter
Staff Present:
City Manager Don Taylor Assistant City Manager John Bierschwale
Deputy City Secretary Mary Ybarra
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.
Councilmember Carpenter gave the invocation followed by the Pledges of Allegiance to
the Flags of the United States and State of Texas.
Presentation
• Recognition and presentation to Ed "Grumpy" Azzoz for his outstanding support,
service and excellent food provided at the Schertz Library Opening Gala, August 28,
2009.
Mayor Baldwin informed everyone that Mr. Azzoz was instrumental in providing the
excellent food provided at the Schertz Library Opening Gala. He and his staff
volunteered their time and service for this event. At this time, Mayor Baldwin
introduced Mr. Ed "Grump" Azzoz and family, and presented "Grumpy" with a plaque
of appreciation, read a proclamation and presented him with a City of Schertz flag.
Hearing of Residents
Mayor Baldwin recognized the following:
• Steven Layton, 12237 Lost Meadows, who addressed Council regarding
concerns with the recent purchase (by the city) of 185-acre tract Crescent Bend
Nature Park, concerns regarding the needs of the animals, park hours, and
lighting
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• Robert Brockman, 1000 Elbel Road who addressed Council on concerns with
solicitors on FM 3009/IH 35. Does the State or City regulate?
Discussion and/or Action Items
1. Ordinance No. 09-A-38 -Consideration and/or action approving an ordinance
authorizing and directing the annexation of 0.563 acres which is the former location
of the Schertz Animal Shelter, giving of written notice of Annexation, the submission
of preclearance materials to the Department of Justice, and related matters. Final
Reading (J. Bierschwale)
No changes to report.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 09-A-38 final reading. Vote
unanimous. Motion Carried.
2. Second Public Hearing Fiscal Year 2009-10 Budget - Conduct a public hearing
and consideration and/or action approving the City of Schertz FY 2009-10 Budget
(D. Taylor/J. Santoya)
Ordinance No. 09-T-36 Consideration and/or action approving an Ordinance
Adopting the FY 2009-10 budget. Final Reading (D. Taylor/J. Santoya)
Mayor Baldwin recognized Assistant City Manager John Bierschwale who
presented a brief PowerPoint overview of the budget covering: All Fund Revenues,
General Fund, Expenses, current tax rate, and the proposed tax rate. City Manager
Don Taylor gave a brief four-year history of the city budget process and went on
explaining what happens behind the scenes before a proposed budget is ready to
present to Council.
Mayor Baldwin opened the public hearing and recognized Mr. Robert Gibson, 3517
McAlister Lane, who addressed Council stating he would like to see more citizen
involvement in budget process, and would like Council to consider no tax increases
in the future.
Mayor Baldwin recognized Robert Brockman, 1000 Elbel, who addressed Council
regarding a Channel 4 news story that aired at 6 pm regarding property value
increase per household. After comments this evening, he believes the news story
conveyed incorrect information. Mr. Brockman asked for clarification on the
number of employees (316), does it include part-time employees? He also asked
what line item would cover the kiddy cushion for the playscape.
As no one else spoke, Mayor Baldwin closed the public hearing.
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Mayor Baldwin opened discussion for Council comments and recognized
Councilmember Fowler who asked for an account of "absorbing cost of projects".
City Manager Taylor provided several examples; one of which was the cut of 30% of
cell phones throughout the city that were not necessary.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Wilenchik to approve Ordinance No. 09-T-36 final reading. The
vote was 4-1-0 with Mayor Pro-Tem Fowler, Councilmembers Trayhan,
Wilenchik and Carpenter voting for, and Councilmember Scagliola against.
Motion Carried.
3. Ordinance No. 09-T-37 -Tax Rate for Fiscal Year 2009-10 -Consideration and/or
action approving an Ordinance on the proposed FY 2009-10 Tax Rate. (Final
Reading) (D. Taylor/J. Santoya)
Mayor Baldwin recognized Assistant City Manager Bierschwale who briefly
.explained the current rate of $0.4090 per $100 value and the effective rate of
$0.4156 (operating business today) and the proposed FY 2009-10 tax rate of
$0.4342.
Mayor Baldwin recognized Councilmember Scagliola who complimented Mr.
Taylor and his senior staff for the positive changes they have made in the City the
' past few years; however, he objected to the tax rate and the budget because of the
increase in taxes. He stated that he is a firm believer in open, honest, and
transparent governance and said his comments were meant to shed light on the
fiscal situation and not intended as an accusation. He requested the COLA be
amended to provide a minimum of $750 per year or 2%, whichever is larger.
Council discussed the matter but did not reach consensus.
Councilmember Scagliola recommended the $165K allocated for the General Fund
be trimmed to reduce the tax rate. Council discussed the matter but did not reach
consensus. He recommended the staff initiate a salary review to better align job
descriptions with compensation. Mr. Bierschwale stated that one is being planned
for next March. Councilmember Scagliola also recommended redesigning the merit
pay program, stating he would be in favor of a program that rewards good
performance and those who generate revenue for the City.
Mayor Baldwin recognized Mayor Pro-Tem Fowler who moved that property taxes
be increased by the adoption of a tax rate of $0.4342 and adoption of an ordinance
adopting the 2009 tax rate, seconded by Councilmember Trayhan. The vote was 4-
1-0 with Mayor Pro-Tem Fowler, Councilmembers Trayhan, Wilenchik and
Carpenter voting for, and Councilmember Scagliola against. Motion Carried.
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BOARD APPOINTMENTS
4. Appointment/Reappointment to Boards and Commissions/Committees -
Consideration and/or action regarding appointments/reappointments to Boards and
Commission/Committees.
• Ratify the Resignations of Malford and Rose Ackerman from the Historical
Preservation Commission
• Appointment of Robert "Bob" Crawford and Michael Tews to the Historical
Preservation Commission
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Mayor Pro-Tem Fowler to ratify the resignation of Malford and Rose Ackerman
from the Historical Preservation Commission. Vote was unanimous. Motion
Carried.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Trayhan to appoint Robert "Bob" Crawford and Michael Tews to
the Historical Preservation Commission. Vote was unanimous. Motion Carried.
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.
Council did not meet.
RECONVENE TO REGULAR SESSION
5. Take any other action deemed necessary as a result of the Executive Session.
No action necessary.
Requests and Announcements
6. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No requests given.
7. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given.
8. Announcements by Mayor and Councilmembers
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• 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 remarked that the budget
dialogue this year was very healthy and everyone was respectful; however, he
would like to see more citizen participation.
Mayor Baldwin recognized Councilmember Scagliola who stated that last Saturday
he attended the Chamber of Commerce grand opening for the Edge Performing Arts
Center in Cibolo next to Fox Pizza. Councilmember Scagliola stated there was a
Hanna Montana show as part of the opening, feels that there is a tremendous
amount of talent in our community and this facility will provide another avenue for
expression, and significantly contributes to our quality of life.
Mayor Baldwin recognized Councilmember Trayhan who thanked city staff, City
Manager and senior staff, for all their work during the budget process.
Mayor Baldwin recognized Councilmember Wilenchik who introduced his mother-
- in-law Mrs. Metcalf who was in the audience.
Mayor Baldwin recognized Councilmember Carpenter who echoed Mayor Pro-Tem
Fowler's comments. It is healthy to disagree, but always stay respectful. He also
mentioned that he volunteered at the Animal Shelter, and added that there is a lot to
be done, many more volunteers are needed.
Mayor Baldwin reminded everyone of the ribbon cutting for Vintage Texas Realty
tomorrow at 11 am.
9. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Baldwin recognized City Manager Don Taylor who thanked all staff and
Council for all their work during the budget process.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned the meeting at 7:45 p.m.
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Hal Baldwin, Mayor
ATTEST:
Mary arr , TR C, Deputy City Secretary
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