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07-26-2011 MinutesMINUTES REGULAR MEETING July 26, 2011 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 26, 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 Councilmember David Scagliola Councilmember Cedric Edwards Staff Present: City Manager John Kessel Assistant City Manager David Harris City Secretary Brenda Dennis Mayor Pro -Tem Jim Fowler Councilmember George Antuna Councilmember Michael Carpenter Assistant City Manager John Bierschwale City Attorney Katherine Tapley CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:00 p.m. and welcomed everyone in attendance. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Mayor Pro-Tem. Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATIONS Special Presentation from the Family of Retired Lt. General Walter Galligan (Mayor/D. Wait/B. Cantu) Mayor Baldwin recognized Assistant to the City Manager Bob Cantu who introduced this item by stating that the family of Retired Lt. General Walter Galligan has a special gift to present to the Schertz EMS Department. Mr. Cantu introduced the following family members who were present: Ms. Nora Nash, Mr. Bill Nash and nephew (Schertz Fire Fighter) Mack Melacon who presented a $10,000 check to the Schertz EMS Department. Mayor Baldwin recognized EMS Director Dudley Wait who stated that the EMS Department would spend the funds on purchasing mobile communication devices for the ambulances. Mayor, Council, Mr. Wait, and staff thanked the family for such a generous gift. • Police Department Update and Activity report (D. Taylor) Mayor Baldwin recognized Police Chief Taylor who stated that members of his force would be providing Council with an update on the activities of their various divisions. Mr. Taylor introduced Assistant Chief Michael Harris who provided information regarding the activities of the SWAT team. Chief Taylor introduced Lieutenant Mike Carey with CID who provided 07 -26 -2011 Minutes a PowerPoint presentation regarding the criminal investigation side of the police department. Some of the items included: • Currently, the Criminal Investigations Division is preparing for the implementation of the new RMS Denali software. The software will allow incorporate bar coding of evidence, which will increase the efficiency of evidence handling and retention. The Police Department's drug incinerator, the "Drug Terminator ", has been used several time's to properly and efficiently dispose of narcotics seized by officer's after the adjudication of case. It has also been used to destroy out dated prescription medication for EMS as well. To date, the incinerator has destroyed over 100 pounds of narcotics for the Schertz Police Department as well as several surrounding agency's. The Schertz Police Department is currently participating in the National Drug Take Back Initiative which is sponsored by the Drug Enforcement Agency. The purpose of this initiative is to provide a venue for persons who want to dispose of unwanted medication. With the help of our investigator assigned to the task force the donation site in Schertz in September of 2010 took in over SO pounds of outdate or unused prescription medication. These medications are then disposed of by the DEA at no cost to the Department. • The Department is currently pursuing the possibility of setting up a drop off point in the Police Department where a citizen can come in any time of the day to drop off unwanted medication in a secured drop box, in addition to the National Drug Take Back Initiative. The Department is currently implementing training into the firearms program with the use of the Laser Shot System and its software we are able to bring real life training scenarios to a class room setting. We are developing scenarios in which officer's from the department will the actors in tailor made situations involving use of force. This system allows us to change the outcome of a situation according to the officer's interactions with the video. • The firearms instructors have developed new courses of fire for the officers to be trained on. The training scenarios involve live fire exercises which focus on tactics as well as move and shoot under stressful situations. Chief Taylor introduced Lieutenant John Correu who provided a PowerPoint presentation regarding the activities of the patrol division. Some of the items included: • The revised City of Schertz Police Department webpage, outlining all the new features, particularly the easy links for citizens to click on for information. • Police downloads, links for common forms. • Recruiting initiatives • Career Progression Sheet - easy to view with minimum experience levels to certifications and licenses required to obtain particular positions within the police department. • Implementation of PTO Training Program, emphasis on increase in service training and school resource officer training. • Implementation of quarterly evaluations Chief Taylors stated that Lieutenant Correu has been called up for active duty for an 18 month tour in which he will be serving in the Intelligence Division in Iraq. Chief Taylor provided his 07 -26-2011 Minutes Page - 2 - final comments consisting of praise for the department and the camaraderie within the Police Department. He stated that recently new carports have been added at the Police Department, which was funded by seizure funds. Mayor, Council, and Management congratulated Chief Taylor and staff for the great job they are doing. CITY EVENTS Announcements of upcoming City Events (D. Harris /J. Bierschwale) - Next two Council meetings will be starting at 4:30 p.m. with a budget workshop kick off. - Next week will be the first reading of the Ordinance for the annexation. - Reminder to mark your calendars for August 29, 2011, and August 31, 2011, for the South Schertz Planning & Design Charrette. - Remainder to mark your calendars for Sunday, August 14, 2011 Employee Picnic will be held at the YMCA Facility... more information to follow soon. Hearing-of Residents Mayor Baldwin recognized the following who signed up to speak: • Mr. Steven Layton, 12231 Lost Meadows Drive, who spoke regarding the South Schertz Planning Charrette information on the city's website. • Judge Kevin Kolb, 515 East Court, Seguin who announced that he is running for District Judge 25th District Court asking for support. • Mr. Robert Brockman, 10014 Elbel, who spoke regarding the need for removing the old wooden utility poles on Schertz Parkway. • Mr. Shawn Lindsey, 125 Roundtree, who spoke regarding the need to revise the UDC to allow carports. • Ms. Cynthia. Palmer, 409 Pecan, who spoke regarding the need to revise the UDC to allow carports. Mayor Baldwin announced that Council will now recess into the Council Conference Room to discuss the Workshop items. Mayor Baldwin recessed at 6:48 p.m. Workshop — (Discussion by Council to provide guidance to staff) A. UDC Section 21.8.2 — Carports/Porte- Cocheres in Residential zoned areas. (J. Kessel/M. Sanchez) Mayor Baldwin recognized City Manager John Kessel who introduced this item stating that the city has been receiving requests from various residents regarding the installation of a carport. He stated that he has staff here this evening to provide background information and is seeking guidance from Council regarding the need to look at the requirements. Mr. Kessel introduced Development Services Director Michelle Sanchez who introduced this item by providing a PowerPoint presentation which included the following: * Article 8 — of the UDC — Special uses and general regulations, section 21.8.3 — Carports and Porte - Cocheres in single family and duplex districts: 07 -26 -2011 Minutes Page - 3 - 1. Shall be attached to a residence and shall be an integral part of the primary structure; 2. Shall not encroach into a required setback as set by the underlying zoning district; 3. Shall be erected over a driveway constructed of asphalt or concrete; 4. Shall not exceed one (1) story in height; 5. Shall be open on two (2) or more sides; and 6. ,Shall be constructed of the same material as the primary structure. • Property Challenges: - Property owners have inquired about the requirements to build a carport and many are challenged with the current restrictions. - Most folks that desire a carport live in older neighborhoods. - Existing garages in these homes have possibly been converted to living space; or - Existing garages are used for storage; or - Existing garages cannot accommodate the size of today's SW's, trucks or cars. • Considerations: 1996 UDC established a front yard setback for carports in an R2 District only. Should front yard setback be reduced for carports? . Residential districts have a 25 foot front yard setback; exception is Garden Homes with a 10 foot setback. . Collector streets typically have a 10 foot parkway from the curb to the property line. Would design criteria per the UDC remain? Attached to the residence Constructed over driveway Shall not exceed 1 story Open on 2 or more sides Constructed of same material as house; shingle roof (not metal); and support posts sleeved in masonry, rock or stucco. There is no issue with Maximum Impervious coverage bccause the carport would be built over an existing driveway. Only those subdivisions that are not part of an active HOA would be considered. Covenants will not allow for carports What if HOA dissolves? Becomes inactive? • Pros and Cons: Outcome will be a community issue. - Could there be potential damage to historic characteristics? Could there be damage to the aesthetics of new neighborhoods? . 07 -26 -2011 Minutes Page - 4 - - Could property values be affected? Could re -sale value /potential be affected? Is the City creating a hardship for the property owner? Carport attached to the house will constitute an encroachment of the principal structure (house) into the front yard setback. - Front yard setback is shown on the recorded subdivision plat. - Is City then obligated to grant a variance to all carports if a lesser front yard setback is allowed? How will the City restrict the enclosure of a carport once built? It was the consensus of Council to have staff develop recommendations to be presented to the Planning and Zoning Commission for review and that they would bring their recommendations back to Council at a later date for consideration. B. Schertz EMS Department overview and discussion. (J. Kessel/D. Wait) Mayor Baldwin recognized City Manager John Kessel who introduced this item stating that EMS Director Dudley Wait would be presenting to Council information regarding the EMS Division.. Mr. Wait presented a PowerPoint presentation which included the following: History — in 2001 the EMS response area consisted of approximately 240 square miles. 2011 the EMS response area consists now of 235 square miles, smaller response area due to losing RAFB. Provided information regarding where the City has come since 2002 regarding population served, responses, transports, average bills, total charges, ambulance cash collected and total cash collected. In 2002 the department had 15 full -time Paramedics and 15 part-time, and 3 Supervisors; in 2010 the department had 24 full -time Paramedics and 15 part -time, and stayed with 3 Supervisors. Transports have almost doubled, average bill only increased 7 %, total cash has increased by 157 %, and staff has increased 47% overall, only 60% more medics for 95% more calls. We begin all revenue and expense work by estimating transports. This is done off of historical transport numbers by month, comparing both month to month and year to year. Overall, although our estimate has been over actual 3 of 5 years, we are approximately 1 % over across the time petiod. In years we were under projections, we missed it by an average of 8 %; in years over projections, we were 12% over. The trends cross in FY 2008 when our local economy slowed and growth slowed tremendously Transports have averaged a 6% growth over last 5 years When doing our projections, we steer toward the higher estimate to make sure we are planned for a larger increase. Although we average a 6% increase in transports, it varies from 3 to 30% over the last 5 years. Because we are a 911 service, we have to be prepared for larger increases, but we only increase expenses once our revenues and transport volume 'can support it if we can. With a large 07 -26 -2011 Minutes Page - 5 - part -time work - force, it allows us to bring on an extra unit to match call volume peaks and not just put it on around the clock. As a 911 agency, we are a 100% credit company that does not get to do back ground checks. We cannot refuse to respond to a 911 call and once on scene, we must offer transport to the local emergency room. Liability and societal expectations. This leads to our bad debt concerns. When projecting our budget numbers, we derive our bad debt by taking our total charges, subtracting our expected cash collected. When our expenses stray above our revenues (for any reason) we attempt to use our EMS reserves to equalize our profit and/or loss. We have done this over the Iast 5 years. You can see our "Profit" (i.e. reserves) have carried us during our economic downturn. Our overall profit/loss across these 5 years is a loss of just $10,495 on a combined 5 year budget of almost $18&Ellion dollars. (0.05 %). As you can see, in 2008, as the economy began to sink, we wound up with a loss, in 2009, we hit rock bottom and in FY 2010, we came within $21K of breaking even. We believe we are pulling out of this and our goal is to be at "break even" as of September 30 this year and begin rebuilding our reserves in 2012. This, with our transport projections does a great job of illustrating that Schertz EMS is a business that is closely tied to the economic conditions of the community we serve. How did we adapt during this economic downturn for EMS? First, we reduced expenses, primarily through the utilization of part -time employees. Daily staff of 9, when one is missing, we have to fill the hole. This can be done with part-time or full -time, but only part- time helps us avoid OVERTIME ... our largest killer over expenditure. Our labor costs are over 65% of our expenses and every penny we save here makes an incredible difference. Secondly, we worked to increase revenues from other income sources. Primarily this is our educational courses. EMT and other specialized emergency certifications are marketed to our region as well as Texas as a whole. These classes are priced and conducted with a significant profit built into them. - Lastly, we once again worked toward improving billing methods. Primarily, this was done by using an electronic insurance clearing house to process our insurance claims. This not only made our billing practices cheaper and cleaner but also shortened the day's sales outstanding which bring more cash in the door faster. Additionally, we have been able to use technology to help alleviate much of our daily data entry which has freed up billing staff time to make phone calls in an attempt to get payments and prevent accounts from going to our Collections Agency (MVBA) Per Capita fees are the member fees we charge our customer cities. These have been paid for years, but it was just the last 6 years we made them more formal and tied them to formal agreements with our customers. In the summer of 2005, at the request of Council, JB and I met with all our cities and laid out the financial picture at the time and our need to make a dramatic increase in our per capitas. We also 07 -26 -2011 Minutes Page - 6 - asked for agreements that lasted at least 3 years so we could plan capital purchases and other plans knowing who we would have as customers. The cities agreed as long as we would contractually limit the annual increases to 3% or less so that they could plan as well. - In FY 2006, our per capita fees went up from $7 to $10; we raised them the max 3% in 07 and 08 and at the end of 08, the cities agreed to enter into 5 year agreements with the same caveats. We bumped them up from 10.61 to 11.50 at the contract renewal, took a 3% increase in 2010 and then left them at 2010 levels for 2011. (BTW, a 1% increase in 2011, would have returned our profit /loss to zero) As a reminder, besides Schertz EMS responding, these per capita fees provide our 1st responders with CE, medical direction so they can provide medical care as a 1st responder, immunizations and replacing all equipment they use on calls - We also wanted to discuss several areas in relation to our Level of Service we provide. - Showed both Average response times and our "fractile" response times. This is an EMS industry tern used in performance contracts. Where the average shows about the '/2 way point in our response times, the fractile time shows reliability. For instance in 2011, 90% of the time we are on scene in 14 minutes or less ... and we are on scene 80% of the time in 12 minutes. - You have probably seen the gradual increase in these response times. This is not because we have a larger area to cover, but as our call volume rises and we respond with just 4 units, we have greater episodes of units responding from call to call and to calls outside of their districts. All of this leads to an increase in response times. Level of service, another area in our level of service discussion that is worthy of discussing is the quality of care we provide. Responding with 2 paramedics allows for higher employee satisfaction, better decision making on scene, and more efficient handling of critical patients (2 advanced providers instead of just one) - This, coupled with our education has allowed us to become a leader in the care of cardiac patients and trauma. Council has seen on many occasions the results of this work as multiple survivors have come to council to tell their story. - In trauma, we have also worked to increase the skills and confidence of our medics so that we transport these patients and we don't sit on scene waiting for a helicopter. With the location of a Level 1 Trauma center just down IH -35, we have worked to increase our skills and as a result, we have transported all of our critical trauma patients in the last 12 months except one. This improves our revenue and gets patients to the trauma center faster. Training, the other "quality of care" item is our training. Paramedics must have 36 hours of CE annually by state rule. We work hard to provide the latest information monthly for our medics, on shift, in- house and with trainers that we have trained from our paramedic staff. We have offered an average of 50 hours a year for our paramedics and right at 40 hours for our first responders. 07 -26 -2011 Minutes Page - 7 - In addition, many of the courses we do for our medics are opened up to outside agencies for a fee leading to extra revenue and we are actually contracted to provide monthly CE courses for the Converse Fire Department ($8000 per year) Lastly is our work platform. In 2003, switched to Medium Duty Chassis for our ambulances. The three primary reasons were lower maintenance, longer life and a higher resale value. We have realized 1 and 2, but have yet to resale one of our Internationals. In February 2006, we also discovered that these larger chassis were much safer. When replacing the unit lost in 2006 and purchasing our next 2 units in 2007, we re- designed the patient compartment in an effort to keep our medics seated and secured more often. EMS is a very dangerous business with 1 fatality a week and 10 serious injuries each day due to ambulance accidents. We have made a conscious decision to prevent this here if possible. Now, 3 of our 4 front -line units have seating for the medics that allow them to be in a seatbelt, yet they can reach a lot of their equipment. We have re- designed this again, turning the seats to a forward facing position to make them even safer. When preparing to purchase our next unit, approved last year, we have discovered that the cost of these medium duty bucks has risen dramatically. The unit we paid $170,000 in 2006 would be $260,000 today. While researching these issues, we have decided to try a new approach. For our urban communities, we would like to move into a smaller chassis vehicle with a smaller box, that puts the paramedics in a seat, and everything closer to them. Our hope is that this will further prevent them from having to release their seat belts to move around or care for their patient. Our plan is that the larger units will still be used in our rural operations and for our Interstate stations for the extra equipment that is needed for these areas. Mayor and Council provided their brief comments regarding the services being provided. Mayor Baldwin left the meeting at 8:25 p.m. Mayor Pro -Tem Fowler and Councilmember continued their discussions with staff. Mayor Pro- Tern Fowler adjourned the workshop to move back into regular session into the Council Chambers at 8: 45 p.m. Consent Agenda Action Items 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of July 12, 2011. 07 -26 -2011 Minutes Page - 8 - Mayor Pro -Tem Fowler recognized Councilmember Carpenter who moved, seconded by Councilmember Edwards to approve the July 12, 2011, minutes. The vote was unanimous. Motion Carried. Council did not meet in executive session, EXECUTIVE SESSION Called under Section 551.071 Texas Government Code Litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. 2. Take any action deemed necessary as a result of the Executive Session. No action was taken as Council did not meet. Requests and Announcements 3. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Pro -Tem Fowler recognized Councilmember Edwards who requested information regarding the FEMA maps and the flooding issues regarding Cibolo Creek, more importantly has the City come up with a plan to address this? City Manager John Kessel stated that staff will be coming back to Council with additional information. 4. Requests by Mayor and Councilmembers to City Manager and Staff for information. Mayor Pro -Tem Fowler requested information as to when would the Council be meeting regarding the budget. City Manager John Kessel stated that the first workshop regarding the budget discussion will be held next week in which the workshop will start at 4:30 p.m., August 2, 2011, and another workshop is scheduled for August 9, 2011, at 4:30 P.m. 5. Announcements by Mayor and Councilmembers Mayor Pro -Tem Fowler recognized the following Councilmembers: • Councilmember Scagliola who announced he attended the following: - Tuesday, July 19, 2011, attended the Schertz Chamber Luncheon, in which our own City Manager gave a presentation. - Thursday, July 21, 2011, attended the Artz Council event • Councilmember Antuna who announced he attended the following: - Condolences to the family members regarding the passing of former Mayor of Cibolo Fritz Slaughter. 07 -26 -2011 Minutes Page - 9 - - Attended Commissioners Court meeting last week in which they are proposing different precinct lines for County Commissioners and has been submitted for review. - Bexar Metropolitan Organization authorized a $51 million additional expense for improvements along 11135. • Councilmember Carpenter who announced he attended the following: - Enjoyed his trip to Europe and it is good to be back and live in the United States. • Mayor Pro -Tem Fowler who announced he attended the following - Attended the Schertz Seguin Local Government Corporation meeting in which there was discussion regarding the replacement of pumps and looking at fees. - Attended the Parks & Recreation meeting and that they are looking into programs for our teens. 6. Announcements by City Manager Mayor Pro -Tem Fowler recognized City Manager John Kessel who commented about one of the workshop items in that a question was raised by one of the Councilmembers that he did not address. Mr. Kessel stated thathe will be having more discussions in the future. Mr. Kessel advised Council that he would be looking into the situation and if they need to do some external reviews to look at the department for additional deficiencies, and if that would be money well spent. He stated that it would be money well spent in his mind if it was presumed to gain more efficiency in operations than would cost to study them. Mr. Kessel stated that he is not convinced yet that this was necessary at this time; his recommendation tentatively is that we do not spend that money, but if there is a particular concern that anyone on Council might have, then would ask that they let him know, and report back to Council possibly next week. Mr. Kessel stated that it is a pleasure each week to make mention of some of the comments as staff continues to get notes /cards from citizens. This week a card was received by a citizen commenting on the Summer Reading Program, which is being held by the Library. Mr. Kessel also stated that he has not seen an HOA do this before, but that the NorthCliffe HOA apparently does certificates of appreciation. The following individuals received the certificates: Deputy Marshal Shanna Roman, Mr. Tom Eaton, and Mr. Tom Brooks for their efforts to maintain the value and safety of their properties within the subdivision. Mr. Kessel stated that the Marshal's office has been working with the NorthCliffe HOA and is appreciative of their work and congratulated them. Great community response! Mr. Kessel stated his last comment is that the City had one of the annexation property owners come in last week for notarization, this gentleman had a medical condition while in our offices, with the quick action of staff, EMS was called and able to respond quickly in our lobby and after review and assessment he was transported to the hospital. 07 -26 -2011 Minutes Page -10 - ADJOURNMENT As there was no further action, Mayor ATTEST: n a Dennis, TRMC, C City Secretary 07 -26-2011 Minutes Page - 11 - adjourned the meeting at 8:58 p.m. mayor