03-01-2011 MinutesMINUTES
REGULAR MEETING
March 1, 2011
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March
1, 2011, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway,
Building #4, Schertz, Texas. The following members present to-wit:
Mayor Hal Baldwin
Councihnember Jim Fowler
Councihnember George Antuna
Staff Present: City Manager Don Taylor
City Attorney Michael Spain
Councilmem6er Cedric Edwards absent
Mayor Pro -Tem Michael Carpenter
Councilmember David Scagliola
Assistant City Manager John Bierschwale
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
Mayor Baldwin called the meeting to order at 6:00 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. Councilmember Fowler asked that everyone keep the
family of Cedric Edwards in their prayers as Cedric Jr. has been hospitalized.
PRESENTATIONS
• Presentation and discussion and/or action regarding a revised Master Plan layout. (L.
Dublin)
Mayor Baldwin recognized City Engineer Larry Dublin who provided a proposed Master
Plan layout answering questions from Council regarding the relocation of the playscape,
the location of the Natatorium. Councilmembers discussed the following for
considerations:
- Relocation of playscape, can it be moved to another location.
- Security of the new location of the playscape, cost effectiveness of the proposed
location.
- Hiring an architect for the design -Construction contractor.
- Solicit private dollars to offset costs; Mayor Pro-Tem Carpenter will put up the
first $500.
- Obtaining names of those that assisted in building the old playscape and preparing
a plaque with those names on the new location.
- Having stakeholders meetings regarding the plans.
After considerable discussion, Mayor Baldwin recognized Mayor Pro-Tem Carpenter
who moved, seconded by Councilmember Fowler to accept the basic plan as presented,
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with the location of the Natatorium and the relocation of the playscape with the
commentary from Council that. the City secure as many private dollars that it can so that
the City does not in an unruly fashion spend the publics money. The vote was
unanimous. Motion carried
• Discussion and consideration andlor action regarding a City Wide Marketing Program.
(B. Bailey/G. Logan)
Mayor Baldwin recognized Parks and Recreation Director George Logan who asked
Council to defer this item until the next meeting to allow staff to gather fiuther
information. No action Taken.
HearinE of Residents
Mayor Baldwin recognized the following:
Ms. Yolanda Suarez, 380$ Broughton, who thanked staff for update on the Natatorium
location,
Mr. Robert Brockman, 1000 Elbel, who asked when the update an the $SOOK grant will
come back to Council and also agreed with the comments regarding the playscape.
Consent Agenda Action )Ctems
Mayor Baldwin recognized Councihnember Scagliola who asked that item 2 be pulled from the
consent agenda.
1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of February 22, 2011.
Mayor Baldwin recognized Mayox Pro-Tem Carpenter who moved, seconded by
Councilmember Fowler to approve the minutes of February 22, 2011. The vote was 3-1-
D with Councilmember Antuna abstaining. Motion Carried.
Discussion and/or Action Items
2. Resolution No. 11-R-09 --~ Consideration and/or action approving a resolution designating
particular areas, particular dates, and particular times related to curfew hours and noise
restrictions, and parking during Doggie Dash 2011. (G. Logan)
Mayor Baldwin recognized Parks and Recreation Director George Logan who introduced
Lisa Connolly, President of the Humane Society, who was in the audience this evening.
Mr. Logan stated that The City of Schertz, the Schertz Humane Society along with many
volunteers, will again be hosting and working the Eighth Annual "Doggie Dash" on May
14, 2011. Volunteers and City staff working "The Doggie Dash" will begin arriving early
on May 14, 2011, laying out the running course, setting up the Pickrell Park Pavilion,
setting up the Start of the "DASH" race and setting up the Finish Line areas.
He stated this resolution will waive the park curfew hours, noise ordinance restrictions
and the parking of motoxized vehicles for the volunteers for the early morning hours
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(4:30 am) of May 14, 2011. Several important support operations need to happen early
that morning before the race. These operatians and this resolution will allow the annual
"Doggie Dash" event to be successful as in the past "Doggie Dash" events.
Mayor Baldwin recognized Councilmember Antuna who moved, seconded by
Councilmember Scagliola to approve Resolution Na. Il-R-09. The vote was
unanimous. Motion Carried.
3. Utility Billing Write-Offs -Consideration and/or action approving the Utility Billing
Write-Offs. (C. Spence). ,
Mayor Baldwin recognized Business Office Manager, Carol Spence wha introduced this
item stating that pex City Policy, Utility Billing is to bring uncollectible debt to City
Council throughout the year. For uncollectible debt, they are to write the debt off after
180 days of non-payment. She stated action requested of Council approves the Utility
write-off in the amount of $6,772.38.
Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by
Councilmember Fowler to approve the utility write-off in the amount of $6,772.3 S. The
vote was unanimous. 1Vfotion Carried.
4. EMS Contractual and Accounts Receivables Adjustments -Consideration and/or action
approving the EMS Contractual adjustments. (D. Wait)
Mayor Baldwin recognized EMS Director, Dudley Wait wha introduced this item
providing a brief PowerPoint stating that per City Policy, EMS is to bring our contractual
and accounts receivables adjustments before City Cauncil for proper accounting
procedures to be accomplished by the Finance Department.
He stated these adjustments are presented in three segments. First are the accounts that
have been referred to our collection agency. These represent accounts sent to MVBA
from September 1, 2010 through December 31, 2010. For this period we are requesting
to remove $500,306.84 from our accounts receivables account. These funds will be
continued to be pursued and if recovered will be accounted for as miscellaneous revenue.
The second item to be adjusted 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 or estates from which to recover EMS charges for service.
The amount of this category is $16,669.34.
Lastly, contractual allowable adjustments represent the funds we cannot collect by law
due to accepting payments of Medicare, Medicaid, and other federal and state
government insurance payments. This amount represents the difference between what we
have charged per our usual and customary charges and what we have been paid by these
governmental insurances. The amount of these legally required adjustments for this
period are $499,798.15. These first accounting adjustments for FY 2011 total
$1,016,774.33 out of anticipated budgeted adjustments of $3,300,192 for this Fiscal Year.
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Mayor Baldwin recognized Councilmember Fowler who moved, seconded by
Councilmember Scagliola to approve the conixactual and account receivable adjustment of
$1,016,774.33. The vote was unanimous. Motion Carried.
5. Resolution No. 11-R-08 -City Council Rules of Procedures -Consideration and/or
action approving Resolution No. 11-R-08 authorizing amended City Council Rules of
Conduct and Procedures, and other matters in connection therewith. (M. Spain) {This item
was postponed at the 2-22-2011 meeting)
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by
Councilmember Antuna to postpone this item to the March 8, 2011, meeting due to the
absence of Councilmember Edwards. The vote was unanimous. Motion Carried.
6. Bid Award # Il-ENG-OS-C-02 - Pheasant Drive Drainage Improvements -
Consideration and/or action awarding a bid to JLM Construction Services, Inc., with a base
bid of $74,868.50 for the Pheasant Drive drainage improvements. (L, Dublin)
Mayor Baldwin recognized City Engineer, Larry Dublin who introduced this item stating
that in the 2006 Band Election, provisions were made for projects dealing with drainage
improvements in the Northcliffe area. This project, drainage improvements on Pheasant
Drive in Scenic Hills was bid on February 17, 2011, with six contractors submitting, A
tabulation showing the low bidder to be 7LM Construction Services Inc. with a base bid
of $74,868.50. The Engineer's estimate was $101,000.00.
Fiscal impact budgeted in 2006 Bond Election Funds: $ 120,000.00
G~rrent Estimated total cost, including engineering, construction and incidentals: $ 96,868.50
Under budget;
$ 23, I3 I.50
Staff recommends that Council award the bid for the Pheasant Drive Drainage
Improvements Project to JLM Construction Services Ina in the amount of $74,868.50.
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by
Councilmember Scagliola to award the bid for the Pheasant Drive Drainage Improvement
Project to JLM Construction Services Inc., in the amount of $74,868.50. The vote was
unanimous. Motion carried.
Mayor Baldwin adjourned into Executive session at 7:36 p.m.
EXECUTIVE SESSION
Called under Section 881.071 Texas Government Code Consultation with City Attorney
regarding Litigation, pendnxg litigation; Section 881.072 Texas Government Code -
Deliberation regarding the purchase, exchange, sale, lease, or value of real property and
Section 551.074 the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of the City Manager.
Mayor Baldwin reconvened into Regular session at 8:55 p.m.
RECONVENE TO REGULAR SESSION
7. Take any action deemed necessary as a result of the Executive Session.
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No action taken.
Re oasts and Announcements
8. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items were requested.
9. Requests by Mayor and Councihnembers to City Manager and Staff for information.
No items were requested.
10. Announcements by. Mayor and Councilmembers
Mayor Baldwin recognized Councilmembers Fowler and Antuna who stated that they
attended the legislative meeting in Austin sponsored by Northeast Partnership and that it
was very informative and provided good information as well as answered some concerns.
Councilmember Fowler also mentioned that in the near future the Council will be
considering an ordnance regarding no smoking in parks.
Mayor Baldwin recognized Mayor Pro-Tam Carpenter who stated he attended the event
with State Representative Kuempel last week.
Mayor Baldwin also mentioned he attended the legislative meeting on Monday. He also
stated that he was asked by Roland Gutierrez to represent small cities in Texas to speak
tomorrow to the Urban Affairs Committee. on items of concerns. He listed the following
which are a few items he would be covering:
- Unfunded mandates
- Schools being exempt from impact fees
- Municipal Court fines and add-ons by the State
- Underground water district prohibition of people in small towns needing water
and transportation of water
- Infrastructure problem with traffic congestion, City is entitled to part of the
gasoline tax to help fund street repairs and utility extensions.
- Da not limit the City's ability to levy their own taxes.
Mayor Baldwin asked the Council if they had other suggestions, and they were as follows:
- Limits on property evaluation increases
- Inter City transportation like a MetroCom Bus System
- Question regarding lowering the rollback rate
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- Make property values based on sales price
11. Announcements by City Manager
Mayor Baldwin recognized City Manager Don Taylor who stated he too attended the
legislative meeting Monday in Austin. He reminded Council of the Ribbon Cutting on
Friday, March 4, 2011 at 10:30 for the Schertz Senior Center and the Wilenchik Walk
For Life, Saturday, March 5, 2011 starts at 7:00 a.m.
Mayor Baldwin recognized City Attorney, Michael Spain who publically complimented
the Animal Services Department, that on Saturday he went to the Animal Services
Facility and was met with professionalism and assistance from staff as he has acquired a
new kitten.
AD.IOURNMENT
As there was no further action, Mayor Baldwin adj urned the meeting at 9:12 p.m.
Mayor Baldw'
ATTEST:
nda Dennis, TRMC, MMC City Secretary
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