09-22-09MINUTES
REGULAR MEETING
September 22, 2009
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
September 22, 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 Pro-Tem Jim Fowler
Councilmember John Trayhan
Councilmember David Scagliola
Councilmember Michael Carpenter
Staff Present: City Manager Don Taylor
Assistant City Manager David Harris
City Secretary Brenda Dennis
Assistant City Manager John Bierschwale
City Attorney Michael Spain
Mayor Baldwin arrived before Council convened into executive session.
CALL TO ORDER REGULAR MEETING
Mayor Pro-Tem Fowler called the meeting to order at 6:30 p.m.
Mayor Pro-Tem Fowler stated that Mayor Baldwin would be joining them later as he had a
previous engagement.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE
UNITED STATES AND STATE OF TEXAS.
Councilmember Scagliola gave the invocation followed by the Pledges of Allegiance to the
Flags of the United States and State of Texas.
HEARING OF RESIDENTS
Mayor Pro-Tem Fowler recognized the following citizens:
• Commissioner Jim Wolverton who spoke on supporting his nomination for the
Appraisal Districts ballot as Board Member.
• Robert Brockman, 1000 Elbel, who asked the following questions: (point of fact
information was provided by City Manager Don Taylor)
- No report of flooding in Schertz today
- Resolution passed in May of this year for funding to the Historical
Commission was not for opening and renovations of the old Library as the
Senior Center this year.
EMPLOYEE RECOGNITION
• EMS Employee recognition (D. Wait)
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EMS Director Dudley recognized the following employees and family members:
- Jason Mabbitt, Clinical Manager- for achieving his Bachelors Degree in
Emergency Health Science.
- Allison Gorzell Billing Manager- for achieving the certification of
"Certified Medical Coder"
PRESENTATIONS
• ISO Briefing & Discussion (Chief Covington)
Mayor Pro-Tem Fowler recognized Fire Chief Covington who provided a brief
PowerPoint presentation on the City's ISO current rating explaining the process and
answering questions from Council.
Councilmembers and Members of City management provided their brief comments.
Discussion and/or Action Items
2. Ordinance No. 09-D-39 -Consideration and/or action approving an ordinance
amending and revising Chapter 86, of the Code of Ordinances Section 86-41, Stop
Intersections Designated. First Reading (L. Dublin/S. Willoughby)
Mayor Pro-Tem Fowler recognized Public Works Director Sam Willoughby who
introduced this item stating that the Traffic Safety Advisory Commission met and
recommends replacing yield signs in Ashley Place, Greenfield, Greenshire, Woodland
Oaks and Val Verde Subdivisions be replaced with stop signs. Total number of signs
is twenty-seven (27). Fiscal impact of $420 to be paid for through the Street
Maintenance account. Mr. Willoughby addressed comments and questions from
Council.
Mayor Pro-Tem Fowler recognized Councilmember Trayhan who moved, seconded
by Councilmember Scagliola to approve Ordinance No. 09-D-39 first reading. Vote
was unanimous. Motion Carried.
3. Guadalupe County Regional Medical Center Prescription Assistance Agreement
and Report -Presentation and consideration and/or action approving a Prescription
Assistance Agreement with Guadalupe County. (J. Bierschwale)
Mayor Pro-Tem Fowler recognized Assistant City Manager John Bierschwale who
introduced this item stating that each year the City of Schertz participates in the
Guadalupe Regional Medical Center Prescription Assistance program for Schertz
enrollees and budgets for the cost of the program. He stated that the fiscal impact of
$5,000 is to be paid from the General Fund.
Mr. Bierschwale introduced Fred Romero Program Director who provided a brief
report of the program answering questions from Council.
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Mayor Pro-Tem Fowler recognized Councilmember Scagliola who moved,
seconded by Councilmember Carpenter to approve the Guadalupe County Regional
Medical Center Prescription Assistance Agreement. Vote was unanimous. Motion
Carried.
4. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of September 15, 2009.
Mayor Pro-Tem Fowler recognized Councilmember Trayhan who moved, seconded
by Councilmember Scagliola to approve the minutes of the regular meeting of
September 15, 2009. Vote was unanimous. Motion Carried.
5. EMS Write-offs -Consideration and/or action approving the EMS Write-offs. (D.
Wait)
Mayor Pro-Tem Fowler recognized EMS Director Dudley Wait who introduced this
item stating per City Policy, EMS brings uncollectible debt to City Council
throughout the year after 180 days of non-payment, the fiscal impact of $372,506.
Mr. Wait addressed Councilmembers questions and comments.
Mayor Pro-Tem Fowler recognized Councilmember Carpenter who moved,
seconded by Councilmember Trayhan to approve the EMS Write-Off in the amount
of $372,506. Vote was unanimous. Motion Carried.
6. Utility Billing Write-offs -Consideration and/or action approving the Utility
Billing Write-offs. (C. Spence)
Mayor Pro-Tem Fowler recognized Utility Billing Manager Carol Spence who
introduced this item stating per City Policy, Utility Billing brings uncollectible debt
to City Council throughout the year to write the debt off after .180 days of non-
payment. Fiscal impact of $2,642.
Mayor Pro-Tem Fowler recognized Councilmember Carpenter who moved,
seconded by Councilmember Trayhan to approve the Utility Billing Write-Off in
the amount of $2,642. Vote was unanimous. Motion Carried.
7. Boards and Commissions Alternate Positions -Discussion and consideration
and/or action regarding appointing and adding alternates to the various Boards and
Commissions. (Requested by Councilmember Scagliola)
Mayor Pro-Tem Fowler recognized Councilmember Scagliola who introduced this
item stating he would like to suggest that alternates be placed on those Boards and
Commissions that do not have them.
Mayor Pro-Tem Fowler recognized City Attorney Michael Spain who provided his
comments regarding the makeup of the Economic Development Corporation and
stated if this Board allowed alternates then the City would have to amend their
Articles of Incorporation and does not recommend alternates being placed on this
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board. He further discussed that he would research state laws regarding appointing
alternates to the Planning & Zoning Commission.
Councilmember Carpenter addressed his comments stating that uniformity of
having alternates across all the boards and commissions was his desire and believes
that particularly the Planning and Zoning Commission should as this would be a
tool of educating the alternate members before they become a voting member. It
was the consensus of Council present to have City Attorney Michael Spain research
and bring an item back to Council at a future date.
Presentation on City Projects -Presentation and consideration and/or action
regarding the City Project Update and Status Report. (L. Dublin)
Mayor Pro-Tem Fowler called for a motion to postpone this item to the 29th. Mayor
Pro-Tem Fowler recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to postpone this item until the September 29, 2009 meeting.
Vote was unanimous. Motion Carried.
Mayor Pro-Tem Fowler adjourned into executive session at 7:35 p.m.
Mayor Baldwin arrived before Council convened into executive session
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 Pro-Tem Fowler reconvened into regular session at 8:30 p.m.
RECONVENE TO REGULAR SESSION
Take any other action deemed necessary as a result of the Executive Session.
Mayor Pro-Tem Fowler recognized Councilmember Trayhan who moved, seconded
by Councilmember Carpenter to approve a Resolution authorizing a Statement and
Petition in Condemnation relating to Allen Jung, Jr. Vote was 3-0-1 with Mayor Pro-
Tem Fowler, Councilmembers Trayhan and Carpenter voting for, and
Councilmember Scagliola abstaining. Motion Carried.
Requests and Announcements
9. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Pro-Tem Fowler recognized Councilmember Carpenter who requested that
an item be placed on a future agenda to have posted no parking signs in the existing
marked bicycle lanes within the City. Council present concurred.
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10. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requests given.
11. 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 Pro-Tem Fowler recognized Councilmember Scagliola who attended the
following
• Live Oak City TML Region VII meeting on Wednesday, September 16,
2009
• Crescent Bend Park Ribbon Cutting on Friday, September 18, 2009
Councilmember Scagliola thanked Mr. Taylor and the staff responsible for
addressing the silt on the streets in Scenic Hills. He also wished to thank the
residents and employees who showed their support and condolences during the
services and funeral of Councilmember Tony Wilenchik. He thanked Brad Bailey,
Mary Spence, and Jessica Robinson for the reception held Saturday in his honor.
Mayor Pro-Tem Fowler recognized Councilmember Trayhan who echoed the
sentiments regarding the passing of Councilmember Wilenchik.
Mayor Pro-Tem Fowler announced the following:
• New Braunfels Outer- Loop meeting Monday, September 21, 2009.
• Crescent Bend Park Ribbon Cutting on Friday, September 18, 2009
Mayor Pro-Tem Fowler also commended and thanked Mr. Taylor and all staff for
their loving care for the family of Councilmember Tony Wilenchik.
12. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
Mayor Pro-Tem Fowler recognized Assistant City Manager John Bierschwale who
reminded staff and Council of flu shots being given this week to employees, their
family as well as Council and their family. He stated that EMS will be providing
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vaccinations next week to the public and the cost is $20.00 and all this information
is posted on the City's website at www.schertz.com.
Mayor Pro-Tem Fowler recognized Assistant City Manager David Harris who
reminded Council that they would meet next week, September 29, 2009 due to
cancelling the October 6, 2009 meeting due to the National Night Out events that
evening. He also reminded Council of the upcoming TML Conference, October 21,
through October 23, 2009 which will be held in Fort Worth.
ADJOURNMENT
As there was no further action, Mayor Pro-Tem Fowler adjourned the meeting at 8:39 p.m.
~? ~
Ji Fowler, Mayor Pro-Tem
ATTEST:
Brenda Dennis, TRMC, CMC City Secretary
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