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06-08-10 MINUTES REGULAR MEETING June 8, 2010 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 8, 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 Mayor Pro-Tem John Trayhan Councilmember David Scagliola Councilmember Cedric Edwards Councilmember Michael Carpenter Staff Present: Assistant City Manager David Harris City Attorney Michael Spain City. Secretary Brenda Dennis Councilmember Jim Fowler absent. 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. HEARING OF RESIDENTS Mayor Baldwin recognized the following: • Ms. Harriett Higgs and Ms. Pia Jarmon with the Schertz Humane Society who spoke regarding a recent puppy expo which was held at the Civic Center complaining about the neglect of the puppies, irresponsibility ofthe breeders. They stated they are against the City allowing individuals to sell puppies at the Civic Center. Ms. Higgs and Ms. Jarmon also mentioned that individuals are selling puppies on the weekends at Walgreens, HEB. Ms. Higgs and Ms. Jarmon are requesting the Council to consider possibly passing an ordinance establishing rules and regulations. Ms. Pia Jarmon stated that she is very proud of the City and told of the success of herecent_Doggie_Dash. She..encouraged..pet_adoption_and pet_fostering. _ • Mr. John Lougher, 2505 Cabana Drive who spoke regarding the wall built at Lowe's stating that it is not holding the water causing irreversible damage to his mobile home. He stated that Lowe's is ignoring his letters and calls. Mr. Lougher asked Council for assistance with Lowe's. 06-OS-2010 Minutes • Mr. John Simmang, 201 Wright Avenue who introduced himself and thanked the Mayor for his recent hospitality. He stated he looks forward to living in Schertz and getting involved. Discussion and/or Action Items. 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of June 1, 2010. Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Councilmember Carpenter to approve the minutes of the Regular Meeting of June 1, 2010. Vote was unanimous. Motion Carried. 2. Ordinance No. 10-M-15 -Consideration and/or action regarding approval of first reading of an ordinance amending Chapter 78 of the City's Code of Ordinance, by amending Section 78-5 regarding the painting of residents' addresses on curbs; repealing all ordinances or parts of ordinance in conflict with this Ordinance and such code, and providing an effective date. First Reading (Marshal Todd) Mayor Baldwin recognized Health Inspector Sharma O'Brien standing in for Marshal Todd who introduced this item answering questions from Council. Ms. O'Brien stated the Ordinance authorizes, but does not require, a homeowner's residential address to be painted on the curb in front of the residence. Placing address numbers in a predictable location. upon the curb would greatly enhance the Fire Department, Police and EMS ability to quickly find an address. She stated this Ordinance establishes a permit fee as well as a standardization of the size of address numbers as well as reflective paint. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Mayor Pro-Tem Trayhan to approve Ordinance No. 10-M-15 first reading Vote was unanimous. Motion Carried. 3. EMS Write-offs -Consideration and/or action approving the EMS Write-Offs. (D. Wait). Mayor Baldwin recognized EMS Director Dudley Wait who introduced this item answering questions from Council. Mr. Wait stated that the EMS write -off request is presented in three segments. First are the accounts that have been referred to our collection agencies. These represent accounts sent to MVBA from August 1, 2009 through November 30, 2009. For this period we are requesting to write-off $738,325.42 in collection accounts. The second item to be written off comes from our internal billing procedures. Some of these are negotiated charge reductions, write-off s of co-pays for citizens in the cities we serve, bills of homeless patients who we cannot locate any longer, and bills of deceased patients who do not have insurance. The amount of this category is $30,753.48. ' ~ ' 06-08-2010 Minutes Page - 2 - Lastly, contractual allowables represent the funds the City cannot collect by law - due to accepting assignment of Medicare, Medicaid and other government payments. This amount represents the difference between what we have charged per our usual and customary charges and what we have been paid by Medicare/Medicaid. The amount of these automatic write-offs is $494,431.15. This second write-off of FY 2010 totals $1,263,510.05. Our anticipated budgeted write-offs for this Fiscal Year is $2,856,819 of total Bad Debt Expenses and if approved, this request will bring our actual write-offs to $2,561,999.63 due to larger than expected bad debt expenses. Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by Mayor Pro-Tem Trayhan to approve the EMS Write-off in the amount of $1,263,510.05. Vote was unanimous. Motion Carried. 4. Utility Billing Write-Offs -Consideration and/or action approving the Utility Billing Write-Offs. (C. Spence). Mayor Baldwin recognized Utility Billing Manager Carol Spence who introduced this item answering questions from Council. Ms. Spence stated that per City Policy, Utility Billing is to bring uncollectible debt to City Council throughout the year. For uncollectible debt, we are to write the debt off after 180 days of non- payment. To ensure that our outstanding receivables are current, we are requesting to write-off $8,837.33 of uncollectible Water, Sewer, Garbage, and Drainage ' Accounts. The amounts included in this request are for the period of July 1, 2009 through September 30, 2009. All collection efforts have been exhausted. Councilmember Edwards asked if legal could look into having the property owner be responsible for the debt. Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved, seconded by Councilmember Scagliola to approve the Utility Billing Write-off in the amount of $8,837.33. Vote was unanimous. Motion Carried. 5. Ordinance No. 10-F-16 -Consideration and/or action approving an Ordinance amending Chapter 90, Sections 90-11 and 90-12 of the Code of Ordinances regarding notices of delinquent water, wastewater, and/or garbage service charges and service disconnections. First Reading (S. Willoughby/C. Spence) Mayor Baldwin recognized Business Office Manager Carol Spence who introduced this item answering questions from Council. Ms. Spence stated that it has been the practice of the City of Schertz as a courtesy to post a notice at the account address 48 hours prior to the disconnection date for delinquent water, wastewater, and/or garbage accounts. Since this practice was put in place, the number of accounts has doubled, requiring additional man-hours, equipment costs, and the posting cost for each delinquent account. The proposed amendment provides for notice by mail instead of by posting. 06-08-2010 Minutes Page - 3 - Council discussed looking into creating higher penalties for habitual offenders. City staff stated that they would be addressing this during the upcoming budget r process in the City's Fee Schedule. Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Councilmember Scagliola to approve first reading of Ordinance No. 10-F-16. Vote was unanimous. Motion Carried. SA. Resolution No. 10-R-28: -Consideration and/or action approving an amendment to the McKinstry Energy Audit Contract and authorizing a related grant agreement. (M.Spain/G. Logan) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that On January 26, 2010; the City Council approved a Directed Energy Study Letter Agreement (the "McKinstry Agreement") with McKinstry Essention, Inc. The City also applied for a grant to pay for the audit portion of the McKinstry Agreement and resulting energy retrofits. The City has been awarded an $86,365 grant: $45,000 for the audit, $41,365 for the retrofits. The Resolution authorizes an Amendment to the McKinstry Agreement to add provisions required by the terms of the Grant Agreement attached to the Resolution and authorizes the City Manager to sign the Grant Agreement and the Amendment. Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved, seconded by Councilmember Carpenter to approve Resolution No. 10-R-28. Vote was unanimous. Motion Carried. Mayor Baldwin adjourned into Executive Session at 7:30 p.m. 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. Mayor Baldwin reconvened into regular session at 7:46 p.m. 6. Take any action deemed necessary as a result of the Executive Session. Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Councilmember Carpenter to authorize the payment of $5,000 to settle a lawsuit by Sherry Hunter. Vote was unanimous. Motion Carried. Requests and Announcements 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 06-08-2010 Minutes Page - 4 - Council asked it an item could be placed on an agenda in the next couple of weeks for discussion and possible action regarding the sale of puppies, restrictions and proper representation. 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 Councilmember Scagliola who thanked the following departments: • Parks and Recreation Department for getting the pools ready for Memorial Day. • Fire Fighters Association for a successful fundraising event for Reid Smith • All departments for the successful Employee Picnic Mayor Baldwin also thanked the departments above for their work and mentioned that recently the Police Department held a fundraiser for one of their own and it was a tremendous success. 10. Announcements by City Manager • Recognition of City employee actions • New Departmental initiatives Mayor Baldwin recognized Assistant City Manager David Harris who provided the following information: • As requested by Councilmember Fowler, parts have been ordered for the address system in the Council Chambers and will be installed soon. • Assistant City Manager John Bierschwale is recovering well from minor surgery. • CPR Training is available for the Council June 11, 2010 through June 23, 2010, please contact his office if interested. • George Antuna, Director Intergovernmental Relations surgery has been postponed. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the meeting at 7:54 p.m. 06-08-2010 Minutes Page - 5 - Cr-~.® Hal Baldwin, Mayor ATTEST: B da Dennis, TRMC, CMC City Secretary 06-08-2010 Minutes Page - 6 -