01-05-10 MINUTES
REGULAR MEETING
January 5, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
January 5, 2010 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 Councilmember Jim Fowler
Mayor Pro-Tem David Scagliola Councilmember John Trayhan
Councilmember Michael Carpenter
Staff Present: City Manager Don Taylor. 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.
Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the
Flags of the United States and State of Texas.
PRESENTATION
• 2009 Festival of Angels Lighting Contest Winners (J. Jewell)
Mayor Baldwin introduced Assistant Economic Development Director Jeff Jewell and Jan
Haynie Schertz Chamber of Commerce Board Member who introduced this item stating
that Economic Development staff and a team of Schertz Chamber Members organized the
annual lighting contest. Many residents and households participated and displayed their
holiday cheer with their imaginative use of lights, ornaments, and other props. As in years
past, the finals were extremely competitive with many homes deserving recognition of
some kind. However, only five throughout the city could receive final recognition as this
year's winners. This year's winners and their categories:
Best Illumination- 3524 Hamilton - Elby Jones
Most Creative- 3424 Dartmouth Cove -Jess and Cindy Rogers
Most Original- 5010 Wedgewood -Cheryl Cole
Most Animation- 139 Nu Pecan Grove -Jeff and Marilyn Parker
Overall Appearance- 3657 Diamond Falls -Todd and Sharlene Alexander
Mr. Jewell and Ms. Haynie recognized the winners and presented them with a plaque.
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HEARING OF RESIDENTS
• Robert Brockman, 1001 Elbel Road who asked when the Library vending area
would actually get vending machines and/or what the plan is. City Manager Taylor
stated that the City is working on going out for proposals and that it would actually
be for all the vending machines in all city facilities as well, so to be under one
vendor.
Discussion and/or Action Items
1. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of December 15, 2009.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Trayhan to approve the minutes of the regular meeting of
December 15, 2009. Vote was unanimous. Motion Carried.
2. Ordinance No. 09-5-48 -Consideration and/or action approving an ordinance
relating to Planning & Zoning Commission Alternate Members; removal and
appointments of members. Final Reading (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who stated that there have
been no changes since first reading.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Fowler to approve Ordinance No. 09-5-48 final reading. Vote was
unanimous. Motion carried.
3. Ordinance No. 10-A-O1 -Consideration and/or action approving an ordinance
relating to the annexation of approximately 496.59 acres, being approximately
310.04 acres located West of Lost Meadows Subdivision and approximately
186.55 acres known as Crescent Bend Park and related matters. First Reading
(M. Sanchez)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that Ordinance No. 10-A-O1 provides for the annexation
of approximately 496.59 acres, being approximately 310-.04 acres located
West of Lost Meadows Subdivision and approximately 186.55 acres known as
Crescent Bend Park. Ms. Sanchez stated this is the first reading of the ordinance
and went over the schedule of events for the process of any zoning.
Ms. Sanchez further stated that second and final reading of the ordinance is scheduled
for January 12, 2010. After January 12, 2010, City Attorney will provide notice of
annexation to the Texas Secretary of State and Texas Comptroller of Public
Accounts. File certified copy of annexation ordinance in the appropriate County
Clerk's office. Update Municipal Boundary and Extraterritorial Jurisdiction maps,
and City Attorney files preclearance materials with the Department of Justice.
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Mayor Baldwin recognized City Attorney Michael Spain who stated that as Council
would recall at the last meeting two lots were identified and that these lots would be
brought forward under a separate annexation item at a future date.
Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Mayor
Pro Tem Scagliola to approve Ordinance No. 10-A-Ol first reading. Vote was
unanimous Motion carried.
4. Ordinance No. 10-F-02 -Consideration and/or action authorizing an amendment
to City Ordinance 07-F-07 as amended, relating to the Franchise of Cibolo Waste
Incorporated, DBA Bexar Waste Inc., for Municipal Solid Waste Collection and
disposal relating to temporary and permanent roll-off containers, repealing all
ordinances or parts of ordinances in conflict with this Ordinance; and approving an
effective date. First Reading (M. Sanchez)
Mayor Baldwin recognized Development Services Director Michelle Sanchez who
introduced this item stating that City Staff recommends an amendment to the City's
solid waste franchise ordinance permitting (i) homeowners or their contractors and
(ii) commercial contractors, to haul off debris from minor construction and clean-up
.activity.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who moved, seconded by
Councilmember Fowler to approve Ordinance No. 10-F-02 first reading. Vote was
unanimous Motion carried.
5. Resolution No. 10-R-O1 -Consideration and/or action approving a resolution
naming Schertz Bank and Trust as the City's depository bank and authorizing a
Bank Depository Agreement with Schertz Bank & Trust, and other related matters
in connection therewith. (J. Santoya)
Mayor Baldwin recognized Finance Director Juan Santoya who introduced this item
stating that action names Schertz Bank and Trust as the City's depository bank for a
period of three (3) years beginning February 1, 2010 to February 1, 2013.
Mayor recognized Councilmember Trayhan who asked for confirmation that this was
a three-year contract with two options for one-year extensions. At the request of
Councilmember Fowler, Mr. Santoya briefly went over the bid process.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Mayor Pro-Tem Scagliola to approve Resolution No. 10-R-O1. Vote was unanimous.
Motion carried.
6. Resolution No. 10-R-02 -Consideration and/or action approving a resolution
naming the City's newspaper of record. (M. Ybarra/B. Dennis)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item
stating that after the Council received the information in their packet on this item he
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contacted Erik Garza with the Herald and explained to him that the Herald did not
qualify as a "newspaper of record" due to the 2°d class bulk mail permit. Mr. Spain
further explained that the resolution that he passed out this evening reflects that the t
Daily Commercial Recorder will be the City of Schertz newspaper of record and
that the Herald would publish the notices free of charge. Mr. Spain further
explained to Council the definition of general circulation. Mr. Spain recommended
approval. City Secretary Brenda Dennis stated that this item came about due to the
merge of the Daily Commercial Recorder and the San Antonio Express News
"Herald" and that her office noticed that the City was being charged more for legal
notices, thus the solicitations of RFP's to specific newspapers to receive pricing.
She further stated that the pricing received would save the City money.
Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by
Councilmember Carpenter to approve Resolution No. 10-R-02. Vote was
unanimous Motion carried.
7. Resolution No. 10-R-03 -Consideration and/or action approving a resolution
creating 'and providing 2010 funding to the Hal Baldwin Scholarship, and
appointing Members of the 2010 Hal Baldwin Scholarship Committee, and
resolving other matters in connection therewith. (M. Spain)
Mayor Baldwin started that he would step down from the Dias on this issue and
turn over agenda item 7 to the Mayor Pro Tem. Mayor Pro-Tem Scagliola
recognized City Attorney Michael Spain who introduced this item stating that by
Resolution No. 09-R-03, the City Council established the Hal Baldwin Scholarship
to encourage graduating high school seniors who live in Schertz to pursue careers in
public service. Staff recommends the same advisory committee as in 2009, which
include: John Trayhan, Michael Carpenter, Steve White, Gina Agee and Michael
Spain.
Mayor Pro-Tem Scagliola recognized Councilmember Fowler who asked if the
committee received more donations would the committee allow additional awards.
Councilmember Carpenter stated that he believed if there were significant donations
and significant applicants, then the Committee could decide at that point to award
more scholarships.
Mayor Pro-Tem Scagliola recognized Councilmember Trayhan who moved,
seconded by Councilmember Carpenter to approve Resolution No. 10-R-03. Vote
was unanimous. Motion carried.
Mayor Baldwin returned to the Dias and recognized City Attorney Michael Spain
who stated that he did have an item for executive session but that the party had not
arrived and suggested that the Council move to item 9.
Requests and Announcements
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9. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No requests given.
10. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
Mayor Baldwin recognized Mayor Pro-Tem Scagliola who asked when the Blue
Ribbon Committee item would be coming to Council. City Manager Don Taylor
stated that the management staff is working on finalizing the selection committee
and that due to the insufficient time to coordinate the committees and meet; the city
would be looking into a possible bond election in November instead of May.
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 Baldwin recognized Councilmember Fowler who wished everyone a happy
and successful new year.
12. Announcements by City Manager
• Recognition of City employee actions
• New Departmental initiatives
No announcements given.
Mayor recognized Henry Gutierrez with Bexar Waste who came forward announcing that
he has negotiated rates with BFI at $30 per ton for disposal in 2010, $32.50 for 2011 and
$35.00 in 2012. He stated that they have a fee per load and field recoveries rates, which
he has rejected and is still in negotiations.
EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Litigation, pending litigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exchange, sale, lease, or value of real property.
Called Under Section 551.074 -Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of the City Secretary.
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Mayor Baldwin adjourned into executive session at 7:10 p.m.
RECONVENE TO REGULAR SESSION '
Mayor Baldwin reconvened into Regular Session at 9:11 p.m.
8. Take any action deemed necessary as a result of the Executive Session.
No action taken.
ADJOURNMENT
As there was no further action, Mayor Baldwin adjourned e meeting at 9:15 p.m.
Hal aldwin, Mayor
ST:
Brenda Dennis, TRMC, C C City Secretary
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