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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 $500. - Obtaining names of those that assisted in building the old playscape and preparing a plaque with those names on the new location. - Having stakeholders meetings regarding the plans. After considerable discussion, Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by Councilmember Fowler to accept the basic plan as presented, 03-01-2011 Minutes with the location of the Natatorium and the relocation of the playscape with the commentary from Council that. the City secure as many private dollars that it can so that the City does not in an unruly fashion spend the publics money. The vote was unanimous. Motion carried • Discussion and consideration andlor action regarding a City Wide Marketing Program. (B. Bailey/G. Logan) Mayor Baldwin recognized Parks and Recreation Director George Logan who asked Council to defer this item until the next meeting to allow staff to gather fiuther information. No action Taken. HearinE of Residents Mayor Baldwin recognized the following: Ms. Yolanda Suarez, 380$ 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 03-01-2011 Minutes Page - 2 - (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. 03-01-2011 Minutes T'age - 3 - 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. 03-01-2011 Minutes Page - 4 - 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 03-O1-207.1 Minutes Page - 5 - - 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 03-01-2017. Minutes Page - 6 -