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03-15-2011 MinutesMINUTES REGULAR MEETING March 15, 2011 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on Mazch 15, 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 Mayor Pro -Tem Michael Carpenter Councihnember Jim Fowler Councilmember David Scagliola Councilmember George Antuna Councilmember Cedric Edwards 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 6:00 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. NEW EMPLOYEE RECOGNITION Introduction of new employees in the Business Office, EMS, IT Department, Public Affairs. Mayor Baldwin stated that he received information that the IT Department and Public Affairs Department would not be introducing their employees this evening. Mayor Baldwin recognized Business Office Assistant Manager Rodolfo who introduced new employee, Mr. David Schleiger,-Solid Waste Coordinator/Clerk. Mayor Baldwin recognized EMS Director Dudley Wait who stated that it has been a busy first half of the fiscal year far EMS. In an effort to reduce labor costs, and to produce our required number of ambulance unit hours, we hired three full-time replacement Paramedics, 4 part-time Paramedics and 2 part-time EMT-Intermediates in early January.. Mr. Wait introduced the following: Mr. Jason Burch (Full-time Paramedic) Mr. Arturo Villarreal (Full-time Paramedic) Ms. Vanessa Leibham (Part-time Paramedic) Mr. Justin Smith (Part-time Paramedic) Mr. Luis Sanchez (Part-time EMT Intermediate) Mr. Justin Latifi (Full-time Paramedic} Mr. William Barbre (Part-time Paramedic} Mr. Mark Southwell (Part-time Paramedic} Mr. Brandon Hill (Part-time EMT Intermediate) Mr. Wait introduced Mr. Jason Mabbitt, who was promoted to Operations Manager, and Mr. Michael Cosentino, who was promoted to Clinical Manager 0315-2011 Minutes Mayor and Council welcomed all new employees and congratulated those on their recent promotions. PRESENTATIONS • Presentation briefing regarding the activities of the EMS Department. (Dudley Wait} Mayor Baldwin recognized EMS Director Dudley Wait who provided a PowerPoint presentation on the activities of the EMS Department answering questions from Council. Hearing of Residents Mayor Baldwin recognized the following: Ms. Maggie Titterington, Schertz Chamber of Commerce President, who briefed the Council on the upcoming Chamber of Commerce activities, which include a mixer at Graceland Assisted Living on Thursday, March 17, 2011 ~ and the upcoming Taste of Town, July 28, 2011. Mr. Robert Brockman, 1000 Elbel, who asked when the City Council would be considering the $SOOK Solar Grant. City Manager Don Taylor stated that this item will be coming to Council at the next meeting. Discussion andlor Action Items 1. Minutes -Consideration andlor action regarding the approval of the minutes of the Regular Meeting of March 8, 2011. Mayor Baldwin recognized City Attorney Michael Spain who stated that he had provided to Council this evening corrected language to section 5.1 of the newly approved Council Rules of Procedures which need to be reflected in the minutes as well as the approved Rules of Procedures. Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by Councilmember Edwards to approve the minutes of the March 8, 2011 meeting with the changes submitted by the City Attorney regarding item 8 for the addition of section 5.1. The vote was unanimous. Motion Carried. 2. Annexation FM 1.518 - Conduct a public hearing and discussion by the City Council concerning the annexation of approximately 431.79 +/- acres of property east of FM 1518, south of RAF Barnette, and north of Lower Seguin Road, all in Bexar County, Texas. (M. Spain) (This is the first of two required public hearings). Mayor Baldwin recognized City Attorney Michael Spain who introduced this item stating that on January 18, 2011, the City Council began the process of annexing approximately 431.79 acres of property east of FM 1518, south of RAF Barnette, and north of Lower Seguin Road. Maps of the area proposed to be annexed are attached. An annexation timeline is also attached. This meeting is the first public hearing required as part of the annexation process. He stated action requested of Council is to conduct a public hearing 03-15-2011 Minutes Page - 2 - receiving comments from citizens and that this is the first of two required public hearings, the second public hearing will be conducted on March 22, 2011 at 6:00 p.m. Mr. Spain provided the following timeline: March 22, 2011- Second Public Hearing April 12, 2011 -First Reading of Ordinance for annexation April 19, 2011- Second and Final Reading of Ordinance for annexation Mayor Baldwin opened the public hearing and recognized the following: Mr. Mike DeNuccio, 15303 Huebner, land owner who came forward asking questions regarding the proposed annexation. As there was no further comments and no one else spoke; Mayor Baldwin closed the public hearing. No action taken. 3. Ordinance No. 1.1-M-06 -- Consideration and/or action approving an Ordinance amending the Code of Ordinances of the City by amending Chapter 34, Health, Article TV, Smoking in Public Places. First Reading (G. Logan) Mayor Baldwin recognized Parks and Recreation Director George Logan who introduced this item answering questions fram Council. Mr. Logan stated that action requested of Council prohibits smoking in specified outdoor areas with the City. It is the City's desire to protect the public health and welfare of citizens and visitors of the City. Mr. Logan stated that events such as SchertzFest and the July 4~' Celebration would be exempt. Staff recommends approval. Mayor Baldwin recognized Mayor Pxo-Tem Carpenter who moved, seconded by Councilmember Edwards to approve Ordinance No. 11-M-06, prohibiting smoking in City parks. The vote was unanimous. Motion Carried. 4. Resolution No. 11-R 14 -Consideration and/or action approving a resolution authorizing creation of the Cibolo Valley Local Government Corporation and other matters relating thereto (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering questions from Council. Mr. Spain stated that action requested of Council updates approvals by the City Council on November 23, 2010. The City has been discussing the creation of a new Local Government Corporation to locate and secure additional water resources. The participants are the Cities of Cibolo, Converse, Seguin, and Selma. The Cibolo Valley Local Government Corporatian is modeled after the Schertz Seguin Local Government Corporation. He stated the City's fiscal impact would be equal fractional share of participating in the Local Government Corporation, plus the cost of water purchased by the City. He stated staff recommends approval of Resolution 11-R-14, with updating the Articles of Incorporation, Bylaws, and approving a Memorandum of Understanding. Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Councihnember Scagliola to approve Resolution No. ll-R-14. The vote was unanimous. Motion Carried. 03-Z5-20i1 Minutes Page - 3 - 5. Resolution No. 11-R-15 -Consideration and/or action approving Resolution No. 11-R-15 authorizing a second amendment to the operating agreement with Comal County Senior Citizens' Foundation, and other matters in connection therewith. {M. Spain) Mayor Baldwin recagnized City Attorney Michael Spain who introduced this item answering questions from Council. Mr. Spain stated that the City is a party to an Operating Agreement, as amended, with the Comal County Senior Citizens' Foundation concerning operation of the Senior Citizens' Center. Staff recommends amendment of the Operating Agreement to permit the Foundation to sublicense the meeting room in the Senior Citizens' Center and to clarify maintenance and repair obligations. He stated the Senior Citizen's Foundation will use fees received to augment the City's Senior Program. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councihnember Scagliola to approve Resolution No. 11-R-15. The vote was unanimous. Motion Carrie 6. Resolution No. 11-R-16 -Consideration and/or action approving Resolution No. 11-R-16 authorizing a first amendment to the operating agreement with the YMCA, and other matters in connection therewith. (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item answering questions from Council. Mr. Spain stated that on April 28, 2010, the City entered into an Operating Agreement with the YMCA to permit the YMCA to operate the City's new recreation center. Staff recommends amendment of the Operating Agreement to permit the YMCA to sublicense certain portions of the facility. The YMCA will use the fees received to augment the program at the recreation center. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Resolution No. 11-R-16. The vote was unanimous. Motion Carriea~ Mayor Baldwin recognized Pastor John Bowlin who was in the audience this evening. Pastor Bowlin thanked the Council for their support. Mayor Baldwin adjourned into Executive Session at 7:47 p.m. EXECUTIVE SESSION Called under Section 551.071 Texas Government Cade Consultation with City Attorney regarding Litigation, pending litigation; Section 551.072 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, RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into Regular Session at 8:4G p.m. 7. Take any action deemed necessary as a result of the Executive Session. Q3-15-2011 Minutes Page - 4 - No action taken. Requests and Announcements 8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Councilmember Scagliola who asked that an item be brought to Council prohibiting smoking within certain feet of City buildings. Councihnembers concurred. Mayor Baldwin recognized Councilmernber Antuna who asked that an item be brought to Council prohibiting the use of plastic bags within the City. Councilmembers concurred. 9. Requests by Mayor and Councihnembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember Edwards who asked staff to provide information regarding the School District releasing Police Officers and what will the City be doing. Assistant City Manager John Bierschwale stated that he has been in contact with the school district and the City of Cibolo and that he would be getting back to Council. 10. Announcements by Mayor and Councilmembers Mayor Baldwin recognized Councihnember Scagliola who stated he attended the Chamber { luncheon today as well as attended a ribbon cutting at Judson ISD by Rolling Oaks Mall last week. Mayor Baldwin stated that he is glad to have Councilmember Edwards back this evening and sorrowful far the passing of Mary's father and the recovery of his son. 11. Announcements by City Manager Mayor Baldwin recognized City Manager Don Taylor announced to keep Fire Chief Covington in their prayers on the lass of his Mom. He stated that staff will be providing information to them later this week. Mayor Baldwin recognized Assistant City Manager John Bierschwale who reminded Council of the upcoming Employee Remembrance Day, Monday, March 21, 2011 at noon at the Public Works Monument, Mr. Bierschwale stated that Schertz made history today, in that EMS Director Dudley Wait had been appointed to the Bexar Metro Board. Mr. Bierschwale stated that the City received the first of two checks from SSLGC for the SAWS reservation fee. Mayor Baldwin recognized Assistant City Manager David Harris who stated that tomorrow the Legislature will be hearing a bill on electronic billboards and asked if some of the Council would like to go and testify. He stated that the City of San Antonio will be sending a delegation. 03-7.5-20ll Minutes Page - 5 - Mayor Baldwin reminded Council of the ribbon cutting ceremony tomorrow at 2:00 p.m. at the Schertz Medical Home on FM 3009. ADJOURNMENT As there was no further action, Mayor Baldwin ad' urned t eeting at 8:50 p.m. Mayor Baldwin A ST: Brenda Dennis, TRMC, MMC City Secretary 43-15-2411 Minutes Page - 6 -