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08-16-2011 MinutesMINUTES REGULAR MEETING August 16, 2011 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on August 16, 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 Mayor Pro-Tem Jim Fowler Councilmember George Antuna Councihnember Michael Carpenter Staff Present: Assistant City Manager John Bierschwale Assistant City Managcr David Harris City Attorney Ka#herine Tapley 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. Mayor Pro-Tem Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATION • Briefing and status/overview of bond projects. (L. Dublin/G. Logan) Mayor Baldwin recognized City Engineer Larry Dublin who provided a brief PowerPoint on the status and overview of the 2010 bond projects answering questions from Council. A copy of the PowerPoint presentation is available in the City Secretary's office. CITY EVENTS • Announcements of upcoming City Events (D. Harris/J. Bierschwale) Mayor Baldwin recognized Assistant City Manager David Harris and Assistant City Manager John Bierschwale who announced the following upcoming events; - August 29, 2011, and August 31, 2011, kick-off of the Planning and Design Charette, b:00 p.m. at the Civic Center. - September 23, 2011 and September 24, 2011- upcoming SchertzFest, more detailed information will be forthcoming. Hearin of Residents 0&-16-20I1 Minutes Mayor Baldwin recognized Mr. Pete Larue, who spoke regarding the 2010 approved bonds, specifically the swimming pool and the soccer fields. Mr. Larue stated that he does not understand why that during the current economic situation, the citizens are asked to pay for these bond proposals. He was also concerned with the number of citizens who came out to vote for the bond proposals, stating that there should be a larger number of citizens required to pass the bonds. Mayor Baldwin stated that the two other citizens who signed up will be addressing Council during the tax rate public hearing portion on the agenda. Consent Agenda Action Items Minates -Consideration and/or action regarding the approval of the minutes of the Workshop and Regular Meeting of August 9, 2011. 2. Ordinance No. 11-D-23 - Consideration and/or action approving an Ordinance designating a "No Parking Zone"- 94' East and 40' West of the closed gate on Livingston Drive; this item was requested by SCUCISD. Final Reading {J. Bierschwale/L. Dublin) 3. Ordinance No. 11-M-24 -Consideration and/or action approving a Ordinance amending Chapter 62 of the City of Schertz Code of Ordinances authorizing the City Manager to authorize City employees to engage in certain curbside solicitations. Final Reading (J. BierschwalelD. Harris) Mayor Baldwin recognized Councihnember Carpenter who moved, seconded by Councilmember Edwards to approve the consent agenda items 1 through 3. The vote was unanimous. Motion carried. Discussion and/or Action Items 4. Public Hearing on Proposed Tam Rate for FY 20ll-12 - Conduct a public hearing and discussion andlor action regarding the adoption of the FY 2011-12 Tax rate. (First required public hearing} (D. Harris/J. Santoya) Mayor Baldwin introduced Assistant City Manager David Harris who introduced this item stating this is the first of two required public hearings regarding the adoption of the FY 2011-12 Tax Rate. At the August 2, 2011, regular session, the City Council voted to establish a proposed maximum tax rate of $0.4843 per $100 of value. The budget is balanced structurally, conservative and responsible; it follows financial policies, maintains current service levels, and focuses on priorities. Mr. Harris reviewed all funds, revenues, and expenses. He explained the increase is a result of additional bond expenses. He presented the following regarding the proposed tax rate: Tax Rate Current Proposed M&O $0.2993 $0.2993 I&S $0.1500 $0.1850 Total $0.4493 $0.4843 He stated the proposed M&O $0.2993 provides the following: 0$-16-2011 Minutes Page - 2 - - Carrent approved staff - Reserve Funding $250,000 - Adds a vehicle replacement program - 20% increase in fuel expense - ll % health insurance cost increase - 1 % Cost of Living Adjustment - Market Rate Wage Adjustment - 3 additional Communication Officers - 2 School Resource Officers (funded by SCUCISD) - 1 Planning Manager - 1 Part-time 311 Representative The proposed I&S $0.X850 provides the following; - Aquatic Center - Soccer/Athletic Fields - Main StreetlFM 78 - Animal Sheltex - $0.1550 goes to cover older bonds Finally, Mr. Harris provided the following information regarding the FY 2011-12 budget calendar: July 29 File with City Secretary August 2 Budget workshop, vote to place preliminary tax rate on agenda, and schedule public hearings August 9 Budget workshop August i 6 First Public Hearing August 23 Second Public Hearing and First Vote August 30 Second Vote October 1 New budget in effect Mayor Baldwin opened the public hearing and recognized the following who were opposed to the tax increase: - Mr. Anthony Dale, 1616 Rolling Brook - Mr. Robert Gibson, 3517 McAlister Lane Mayor Baldwin recognized Mr. Robert Brockman, 1000 EIbel Road, who addressed Council regarding slide #25 which references that 50% of personnel need a grade change, and 25% of employees will get a pay raise limited to $2,000. He asked if he had missed the slide on the 25%. Assistant City Manager John Bierschwale stated that the slide was included last time and it does have a cap on the employees not to exceed $2,000 due to employees salaries being less than market. He stated that the City is trying to get those 0&-16-2011 Minufes Page - 3 - employees in line with the market study recently conducted and that this would take a few years to accomplish. Mr. Brockman also wanted to know the difference between the Dispatch Off cers and the Communication Officers. Assistant City Manager John Bierschwale stated they were the same, that now the Dispatch Officers are called Communication Officers. As there was no one else. who spoke, Mayor Baldwin closed the public hearing and provided his following comments: Council and staff have held the M&O rate, the only tax increase this year is a result of citizens voting and approving the bonds. This is a rate required to pay the bond debt of the City. Mayor Baldwin recognized Councilmember Edwards who echoed the Mayor, stating the Council has done an excellent job in keeping the budget in tact and thanked the citizens for coming out and asking about the bonds. There is a different quality of life here in Schertz than most of the cities around us and that is testament of the hardworking staff and citizens of the City who provide a lot of input. Councihnember Edwards stated hold our feet to the fire; he does not have a problem with accountability. He stated that he can tell you every issue that they have dealt with as well as his voting record, it is important you recognize that everyone here cares about the community. The members of Council live in Schertz too; and, they do not want to pay higher taxes, but the reality is that the citizens voted for the bonds and that is what they wanted to see happen. Mayor Baldwin recognized Councihnember Seagliola who stated that the rate of $.04843 should be at the high end. He stated that he personally believes the City padded the reserve fund last year; taxes were raised last year to do so. He stated that now there seems to be a surplus in reserves, which there is not actually. This being the case this year, some are considering using some of the reserve funds to start fzuiding a one-time merit pool for employees. He does not agree with this right now. He further stated that if the replenishment of the reserve fund was important last year, then it should be important this year. Councilmember Scagliala stated that if you want to discuss a merit plan, he proposes that if there is a surplus this year, then let's give credit where credit is due and give it back to the ones that put it there, the citizens. Mayor Baldwin recognized Mayor Pro-Tem Fowler who stated his opinion and comments regarding the number of citizens who came out to vote on the bond election. The State sets out the rules regarding the results of voting and that is reality and he agrees that everyone should exercise their right to vote and that there is a need to get your neighbors to go out and vote. This is voter apathy and is jus# a fact and is frustrating. He stated that over the last few years as the Council works out the budget, they have reduced pay raises for the employees, we have discussed cost of living increases, looked at cutting individual budgets 10% last year in order to keep the City a float as well as keeping the employees and not having to do a lay off. Mayor Pro-Tem Fowler said that now some of the Council is looking at trying to give some type of pay raise, but that they have to consider everything involved in trying to do this and what sacrifices would have to be made to do this. Mayor Baldwin recognized Councilmember Carpenter who again stated as did the Mayor, Councihnembers Edwards, and Mayor Pro-Tem Fowler that the bonds were put to a vote, people spoke, and they are abiding by what the citizens said. Anytime the Council votes 08-16-2011 Minutes ' Page - 4 - for a tax increase they are voting for them to pay those as well and how it affects their family budgets. Mayor Baldwin announced that the next public hearing on the proposed tax rate will be conducted on August 23, 2011, at 6:00 p.m, in the City Hall Council Chambers. This will also be the first reading of the Ordinance, followed by August 30, 2011, with the fmal reading before adoption. 5. Public Hearing Fiscal Year 2011-12 Budget - Conduct a public hearing and discussion andlor action approving the City of Schertz FY 2011-12 Budget (First required public hearing) (D. Harris/J. Santoya) Mayor Baldwin introduced Assistant City Manager David Harris who stated that the information regarding the budget has already been discussed and presented during the tax rate hearing. Mayor Baldwin opened the public hearing and recognized Mr. Chuck Shumaker, 2405 Bellville, who addressed Council regarding some corrections that needed to be made in the budget, specifically on pages 77 & 78 regarding the communication officers that there were 9 Iast year and by adding 3, this number needed to be corrected to 12. He also stated this represents a 30% increase. As there was no one else who spoke, Mayor Baldwin closed the public hearing and recognized Assistant City Manager David Harris who stated that the position count should xead 12 instead of 9 and the budget numbers on the detail do reflect salaries for the additions. In addition, the part-time crossing guards will also be included on their updated budget pages. Mayor Baldwin recognized Mayor Pro-Tem Fowler who asked Assistant City Manager Harris to provide the information requested at last Council meeting regarding the possible funding of the $250,000 for the one-time merit increase pool. Mr. Harris stated that as discussed last week, Council would like staff to look at a one-time merit increase pool, utilizing $250,000 from an overage in xeseives received, commenting that it would be based on a weighted system utilizing the past few year's evaluations of each employee. He stated that Management staff is looking far confirmation and consensus of Council to proceed. Mayor Baldwin asked for clarification. If this was the desire of Council, where would the $250,000 come from and would they be adjusting budget lines? Mr. Harris stated that what they were proposing to do is putting $250,000 in contingencies in non-departmental which would carne from the fund balance, unless they come across additional revenue. Mayor Baldwin recognized Councilmember Carpenter who stated that he was the one that requested staff and Council look at this. He stated that year the Council directed staff to help them fmd $180,000 of savings over the course of the year to put back into reserves to start building that up again. Staff was able to put back $912,000, out of this he would Iike to take $250,000 of that, still leaving $732,000 in reserves, to fund aone-time merit increase pool. He would like to do this, to reinvest money back to our employees who saved due to cut backs on their budgets, for a pool for merit increases for the employees who have given outstanding performances during the past three year period when no OS-16-2011 Minutes Page - 5 - increases were provided. Councilmember Carpenter stated he would like staff to find ways to fmd the money. This is reinvesting in our largest investment, our employees. Mayor Baldwin recognized Councilmember Scagliola who indicated that merit increases are admirable, yes in a sense the City received a windfall, but the bulk of the increase was due to fees paid by Sysco and Caterpillar. He stated that he thinks the merit pay idea should be placed on the back burner, make sure the evaluation system is fair and suggested the Council consider a 2% COLA. Mayor Baldwin recognized Mayor Pro-Tem Fowler who stated the $912,000 is in reserves, which was generated last year. The reserves are necessary to keep the City at a AA+ band rating and for emergencies that should come up. Mayor Baldwin stated that he would like staff to bring back this item at a later date on haw to fund the $250.,000. Mayor Baldwin stated that he is concerned with other areas of the budget; he referenced the need for increases in Engineering Services. He is not in favor of fiinding additional staff salaries out of the bond funds. Mayor Baldwin recognized Mayor Pro-Tem Fowler who suggested and advocated the possibility of utilizing $150,000 to raise the proposed COLA to a 2% COLA. Assistant City Manager John Bierschwale stated that should the Council propose a 2% COLA this would have to be funded next year as the 2% COLA raises the employee's salaries and they would have to find the money next year. Mayor Baldwin stated that he would like to wait to see what staff comes up with as a recommendation. Councilmember Edwards stated that he would Iike to give the leeway to staff to come up with a plan and program getting with the City Attorney to make sure the proposed funding was legal. Assistant City Manager John Bierschwale stated that he wants direction from Council as to what is their desire. Assistant City Manager David Harris restated that the current budget has a 1% COLA along with a market base adjustment which was deliberated during the budget process. Mayor Baldwin recognized Counciimember Carpenter who moved, seconded by Councihnember Edwards to authorize the City Management staff to make the move of $250,000, come up with a plan for distribution, subject to Council's final approval fox this fiscal year, not necessarily before the adoption of the budget, this is a budgeted item and part of the expenditures, but to take the time necessary, two to three weeks to come up with the plan for distribution. The vote was 3-2 with Councilmem6er Scagliola and Mayor Pro-Tem Fowler voting no. Motion Carried. Mayor Baldwin announced that the next public hearing on the proposed budget will be conducted on August 23, 2011, at 6:00 p.m, in the City Hall Council Chambers. This will also be the first reading of the Ordinance, followed by August 30, 2011, with the final reading before adoption. EXECUTIVE SESSION 0$-16-20T1 Minutes Page - 6 - Called under Scction 551.071 Texas Government Code Litigation, pending or contemplated litigation; Section 551.072 Texas Government Cade -Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin announced thaf there was no need for an Executive Session. RECONVENE TO REGULAR SESSION 6. Take any action deemed necessary as a result of the Executive Session. No action taken as Council did not meet Requests and Announcements 7. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No items requested. Requests by Mayor and Councilrnembers to City Manager and Staff for information. Mayor Baldwin recognized Councilmember Edwards who asked if recognition had been given to the Blue Ribbon Committee for their work on the bond projects. He wanted to make sure that the City recognized them and extend their thanks for the work they did. Councilmember Edwards also asked if staff could look into passing a permanent resolution exempting the City from always having to bring to Council the approval to extend park hours and the extension of noise hour's regulations fox City events. City Attorney Katherine Tapley stated that she would look into this and get back to him. 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 stated he attended the Schertz Chamber Luncheon today and they had a good discussion on Health issues. Mayor Baldwin recognized Councilmember Edwards who apologized to staff for not being able to attend the employee picnic, as he was attending his daughters baptism. Councilmember Edwards also stated that he too attended the Chamber Luncheon today. Mayor Baldwin recognized Councilmember Carpenter who stated that it is not easy to address the budget issues that the City is facing; but, that it is always good to have detailed discussions between the members and that they are always civil towards one o8-T6-20ll Minutes T'age .. ~ _ another. Councilrnember Carpenter thanked his colleagues for the healthy discussion and decorum, 10. Announcements by City Manager No announcements given as City Manager Jahn Kessel was absent this evening attending the Texas One mission trip with the Governor's Economic Development office in Chicago. ADJOURNMENT As there was no further action, Mayor Baldwin ad' urned the meeting at 8:05 p.m. Mayor Hal Baldwin .ATTEST: i Bren a Dennis, TRMC, MMC City Secretary 08-16-2011 Minutes page _ $ _