02-14-2012 MinutesNiIN UTES
REGULAR MEETING
Febxuary Z4, 20]2
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
February 14, 2012, 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 Jim Fowler
Councilmember Michael Carpenter
Mayor Pro-Tem David Scagliola
Councilmember George Antuna
Councilmember Cedric Edwards
Staff Present:
City Manager John Kessel
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
Assistant City Manager John Bierschwale
City Attorney Katherine Tapley
Deputy City Secretary Cynthia Raleigh
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.
Councilmember Fowler gave the .invocation followed by the Pledges of Allegiance to the
Flags of the United States and the State of Texas.
City Events
Announcements of upcoming City Events (D. Harris/J. Bierschwale)
Mayor Baldwin recognized Assistant City Manager David Harris who announced the
following upcoming events:
• Monday, February 20, 2012, City offices will be closed in observance of Presidents
Day
• Tuesday, February 21, 2012, Schertz Chambex Luncheon
• Saturday, February 25, 2012, at 6:00 p.m., Miss Cibolo Scholarship Pageant
Presentation
• Capital Irrrprovement Project update (Councilmember Edwards/J. Kessel/P.
Gaudreau)
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Mayor Baldwin recognized Owner's Representative Consultant Mr. Phil Gaudreau who
briefed the Council regarding the Capital Improvement Projects and answered questions. Mr.
Gaudreau covered the following subjects:
• Animal Control Renavation/Expansion
• Soccer Fields Renovation
• Aquatic Facility
• Schertz Playscape
• Main Street
Mayor Baldwin recognized City Manager John Kessel who stated that a more detailed
presentation on the bond projects will be provided on February 28, 2012.
• Update regarding the upcoming Wilenchik Walk for Life. (D. Harris/M. Spence)
Mayor Baldwin recognized Events Coordinator Mary Spence who stated that as
mentioned earlier by Mr. Harris, the City of Cibolo will be hosting their Miss
Cibolo Scholarship Pageant on Saturday, February 25, 2012, 6:00 p.m. to 9:00
p.m., at the Steele High Schaal Auditorium. She stated that this program has not
been in place since 2005, and is being sponsored by the Alamo Honor Flight. Ms.
Spence stated that the Schertz Sweethearts have been meeting and mentoring the
young ladies on the process of the pageant program. The Schertz Sweethearts
will be attending the event to assist them with the rehearsal and have a special
honor of crowning the winners at the event. Ms. Spence stated that after the event
there will be a reception at La Cabana on FM 78.
Ms. Spence provided the fallowing information regarding the upcoming
Wilenchik Walk for Life;
On Saturday, March 3, 2012, HEB and the City of Schertz are hosting the 4a'
Annual SK Wilenchik Walk for life, in memory of and in honor of Tony
Wilenchik.
HEB is donating $3,000 in cash and $1,000 in in-kind products for a total of
$4,000. The event will start at 8:00 a.m. at the Schertz Library. Awards will be
provided for the best T-shirt design and most funds raised.
In 2011, $28,473.61 was raised and our goal is to raise this amount plus $1.00.
The proceeds will benefit the Cancer Therapy & Research Center, UT Health
Science Center, San Antonio. You may visit www.Schertz.com, and click on the
Wilenchik logo to register.
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person
should f:ll out the speaker's register prior to the meeting. Presentations should be limited
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to na more than 3 minutes. Discussion by the Council of any item nat on the agenda
shall be limited to statements of specific factual information given in response to any
inquiry, a recitation of existing policy in response to an inquiry, andlor a proposal to
place the item on a future agenda. The presiding offacer, during the Hearing of Residents
portion of the agenda, will call on those persons who have signed up to speak in the
order they have registered.
Mayor Baldwin recognized City. Manager John Kessel wha wished everyone a Happy
Valentine's Day and announced it is always nice to see everyone. Mr. Kessel stated that he
has spoken over the last few months and again will start out the meeting as he has in the past
by reiterating a couple of points.
The City's role in this matter is primarily to facilitate that dialogue between Pulte and the
homeowners. Each meeting he has offered to meet one-on-one with the homeowners and
also with Pulte to make sure those meetings are happening and that they are being
responsive. Mr. Kesel stated again he would extend that offer to each and everyone in the
audience that has a concern with the Fairhaven situation.
Mr. Kesel reiterated that he has enjoyed having the opportunity for citizens to speak in the
public forum. It is the right of the citizen to speak. The City has always done their very best
to make everyone feel welcome and to greet you when you came to the meetings. He hopes
that everyone appreciates that and he certainly does as well. Mr. Kesel stated that he would
like the homeowner to be thinking, as you are making your comments tonight whether you
would be willing to accept the City's offer to help you set up a one on one meeting with
Puite. The City Management's office stands xeady to assist in this.
Mayor Baldwin recognized the following who spoke regarding their issues with their homes,
Pulte Homebuilders, new information regarding their homes, their continued request for buy-
outs from Pulte, and thanking the City for their support:
• Heather Camelio, 5224 Brookline -only speak with Pulte regarding buyout
• Janice Lapham, 5236 Columbia Drive -only speak with Pulte regarding buyout
• Ken Russell, 6034 Mule Deer -only speak with Pulte regarding buyout
• Molly Casas, 522$ Brookline -only speak with Pulte regarding buyout
• John Fitzgerald, 5304 Storm King,- only speak with Pulte regarding buyout
• Bruce Touve, 5213 Brookline -only speak with Pulte regarding buyout
• Faye Touve, 5213 Brookline -only speak with Pulte regarding buyout
• Brian Benavides, 5237 Brookline -only speak with Pulte regarding buyout
• Tricia Mattison; P. O. Box 3022, Homeowners for Better Building
• Janet Alunad, 18 Silverhorn, Homeowners for Better Building
Mayor Baldwin recognized City Manager John Kessel who stated that each week after the
citizens comments, he has extended the offer to help initiate dialogue with Pulte. He stated
that he understands the citizens are frustrated in hearing this.
02-14-2012 Minutes
Mr. Kessel stated the City is not in a position to buy back homes on Pulte's behalf, nor are
we in the position to go in and make any repairs. We are not in a position to subpoena Pulte
or force them to do things; perhaps if you were a judge with a subpoena this could be done.
This leaves the City with the ability to create dialogue and he is not aware of any other way
to move forward today without this dialogue.
Mx. Kessel stated that we have looked at dispute resolution; it is easy to pull any book. The
very first thing any book on dispute resolution will say is, always keep the dialogue open.
Always try and create greater opportunities to have the other party and you change your
position to reach a greater understanding and appreciation of the other side. There is not a
way to reach that place without open discussion.
The City continues to do everything we can. The City does send the DVD's of the Council
meetings to Pulte and asks them to review them. They are aware of the comments. The role
of the City is to help with creating dialogue between the two parties and he continues to offer
his assistance in setting up meetings with Pulte and the homeowners.
Mayor Baldwin provided the following closing comments:
The City continues to allow public comments regarding the buy back of homes from Pulte,
and the City understands the homeowner's dilemma. The City is doing what we can do to
help, including sending the DVD's of the Council meetings to Pulte and offering the
opportunity to setup meetings with Pulte on an individual basis. He does not feel that having
a group meeting would make a difference. A one on one meeting is the best way to go.
The City cannot stop Pulte from building homes in Schertz, as long as they are not building
in Fairhaven, which is already built out. These issues will certainly play a role in Pulte
building any new subdivisions in the City of Schertz. It is a Pulte decision to buy back
homes, not the City. Homeowners need to sit down with Pulte at their office and tell them
what you want. Tell them you want your home bought hack. Homeowners are doing the right
thing by putting public pressure on Pulte.
Mayor Baldwin indicated that items 2, 3, 4, and 5 have been removed from the consent
agenda for separate discussion.
Consent Agenda
The Consent Agenda is considered to be self-explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are
removed from the Consent Agenda upon the request by the Mayor or a Councilmember. -
Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of February 7, 2012.
02-14-201.2 Minutes
Mayor Baldwin recognized Councihnember Fowler who moved, seconded by
Councilmember Edwards to approve the minutes from the February 7, 2012 regular
Council Meeting. The vote was unanimous. Motion carried.
Mayor Baldwin left the dais and asked Mayor Pro-Tem Scagliola to take over the meeting.
Discussion and/or Action Items
2. Resolution No. 12-R-11 -Consideration and/or action approving a Resolution
authorizing a Business Class Customex Service Order and Service Agreement with
Time Warner Cable and other matters in connection therewith. (J. Kessel/M. Clouser)
Mayor Pro-Tem Scagliola read the following caption into record:
RESOLUTION NO. IZ-R-11
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A BUSYNESS CLASS CUSTOMER SERVICE
ORDER AND SERVICE AGREEMENT WITH TIME WARNER CABLE,
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Pro-Tem Scagliola recognized Information Technology Director Myles
Clouser who introduced this item addressing questions from Council. Mr. Clouser
stated that action requested of Council approves the resolution approving a contract
with Time Warner Telecom for wide area network services to provide back up
connectivity to various City facilities. The contract will ensure reliable and resilient
communications between City facilities. Fiscal impact includes cone-time $1,000
installation and engineering cost as well as yearly service charges of approximately
$3,732 per facility covered. Initial costs for one location, the Public Works Complex,
are curxentIy budgeted. Costs for additional City facilities will be added to the FY
2012-13 budget. Staff recommends approval. .
Mayor Pro-Tem Scagliola recognized City Manager John Kessel who stated that we
need to be prepared for our worst case scenario days. Communication is the key
difference between success and failure on those worst days. We need to do this; it is a
smart plan. It does not tax our on going budget issues. This is a smart way to do
business and reconunends Council's approval.
Mayor Pro-Tem Scagliola recognized Councilmember Fowler who moved, seconded
by Councilmember Carpenter to approve the adoption of Resolution 12-R-I1. The
vote was unanimous. Motion carried:
3. Resolution No. 12-R-12 -Consideration and/or action approving a Resolution
authorizing a Lease Agreement with Hewlett-Packard Financial Services, and other
matters in connection therewith. (J. Kessel/M. Clouser} .
- ~°
Mayor Pro-Tem Scagliola read the following caption into. record:
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RESOLUTION NO. 12-R-12
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A LEASE AGREEMENT WITH HEWLETT-
PACKARD FINANCIAL SERVICES, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Pro-Tem Scagliola recognzed City Attorney Katherine Tapley who stated that
the Master Lease Agreement was inadvertently left out of the Council packet, but was
provided earlier today. She stated that the City Attorney's office has reviewed the
agreement and is very comfortable with the language of the agreement and
recommends approval. She stated the attachments that were included with the
agreement were provided in the Council packet and those have not changed.
Mayor Pro-Tem Scagliola recognized Information Technology Director Myles
Clauser who introduced this item stating that action requested of Council approves a
5-year lease agreement with Hewlett-Packard Financial Services to upgrade the City
telephone system and service agreement in the amount of $193,860 ($3,231 monthly
or $38,772 annually). The FY 2011-12 budget included $170,000 in the PEG Fund
for the project which would have covered the cost to purchase the system outright,
but did not include a service agreement.
The higher fee also includes finance charges of approximately $23,860. Staff
recommends approval of the lease and service agreement in an estimated amount of
$193,860 in which $170,000 will be paid from the FY 2011-12 adopted budget, anal
$23,860 from the proposed FY 2012-13 budget. Staff recommends approval.
Mayor recognized Councilmember Carpenter who moved, seconded by Mayar Pro-
Tem Scagliola to approve the adoption of Resolution 12-R-12. The vote was
unanimous. Motion carried.
Mayor Baldwin returned to the dais.
4. Resolution No. 12-R-13 -Consideration and/or action approving a resolution
authorizing a purchase agreement- with U. S. Autoweapons, and other matters in
connection therewith. {J. Bierschwale/D. Taylor)
Mayor Baldwin read the following caption into record:
RESOLUTION NO. 12-R-13
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PURCHASE AGREEMENT WITH U.S.
AUTOWEAPONS, AND OTHER MATTERS IN CONNECTION
THEREWITH
02-14-2012 Minutes
Mayor Baldwin recognized City Attorney Katherine Tapley who stated this item had
been pulled from consent as there was a typo in the attachments. It should reference
that they are Colt AR 6950's that they will be approving.
Mayor Baldwin recognized Police Captain Marc Bane who introduced this item
stating that action requested of Council authorizes the purchase of a Colt AR Long
Rifle far each Gity Police Officer to provide the additional tools they need to perform
their duties in protecting the community. The City Police Department currently owns
ten of these rifles and during their service life, they have performed flawlessly.
Captain Bane stated by purchasing the weapons, the Department will standardize the
firearms training program, the ammunition purchased and stocked, as well as the gun
safety lock systems within the fleet. Other advantages include the ability of officers
to share ammunition and ammunition magazines if involved in a frre fight, as well as
minimize the overall cost and reduce liability on the City and the Police Department.
Fiscal impact of approximately $35,000 will be paid for with seizure funds. Staff
recommends approval.
Mayor Baldwin recognized Councilmen
Mayor Pro-Tem Scagliola to approve the
was unanimous. Motion carrier
ber Carpenter who moved, seconded by
adoption of Resolution 12-R-13. The vote
Resolutions No. 12-R-14 -Consideration andlor action approving a resolution
authorizing the purchase of Dispatch Centex Workstations, and other matters in
connection therewith. (J. BierschwaielD. Taylor)
Mayor Baldwin read the following caption into record:
RESOLUTION NO. 12-R-14
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE PURCHASE OF WORK STATIONS FOR THE
POLICE DISPATCH CENTER
Mayor Baldwin recognized Police Chief Don Taylor who introduced this item stating
action requested of Council authorizes the purchase and installation of five
professional quality, around-the-clock performance rated, and ergonomic furniture for
the City 911 Dispatch Center. The upgraded work stations will assist personnel to
better perform their duties. Fiscal impact of approximately $36,000 will be paid for
with seizure funds. Staff Recommends approval.
Mayor Baldwin recognized Councilmember Carpenter who moved, seconded by
Councilmember Antuna to approve the adoption of Resolution 12-R-14. The vote was
unanimous. Motion carried:
02-14-2012 Minutes
b. Resolution No. 12-R-IS -Consideration andlor action approving a resolution
authorizing the pursuit of a Power-up Grant from the Guadalupe Valley Electric
Cooperative, Inc. to fund the proposed Schertz Parkway and Main Street Holiday
Lighting project. (D. Harris/G. Logan}
Mayor Baldwin read the following caption into record:
RESOLUTION NO. 12-R-15
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE PURSUIT OF A POWER-UP GRANT FROM
THE GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. TO FUND
THE PROPOSED SCHERTZ PARKWAY AND MAIN STREET HOLIDAY
LIGHTING PROJECT
Mayor Baldwin recognized Councilmember Edwards who asked was this grant a
$5,000 matching grant? Parks, Recreation, and Community Services Director George
Logan stated that was correct.
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councilmember Carpenter to approve the adoption of Resolution No. 12-R-15. The
vote was unanimous. Motion carried.
Mayor Baldwin moved into executive session at 7:12 p.m.
CauncilmemberAntuna left the meeting at 7:12 p.m.
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, ar value of real property, or real es#ate,
Section. 551.074 personnel matters, and Section 551.087 Texas Government Code -
Deliberation regarding Economic Development Negotiations.
Councilmernber Edwards left the meeting at 8:21 p.m.
Mayor Baldwin reconvened into regular session at 8:22 p.m.
Reconvene into Regular Session
7. Take any action deemed necessary as a result of the Executive Session.
Na action taken.
Re uests and Announcements
02-14-2012 Minutes
S. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No requests given by Mayor or Council
9. Requests by Mayor and Councilmembers to City Manager and Staff for
information.
No requesfs given dy Mayar or Council;
10. Announcements by Mayor and Councilrnembers
• 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 Mayor 1'ro-Tem Scagliola who stated he attended the
following:
• Trail Riders Stew Lunch at Pickrell Park on February 9, 2012.
• Schertz Chamber of Commerce After Hours Mixer and Arts Show on
February 4, 2012.
• Frost Bank Cowboy Breakfast on February 10, 2012,
• Schertz Chamber of Commerce Clear Blue Car Wash Ribbon Cutting on
February 10, 2012.
Mayor Baldwin recognized Councilmember Fowler who stated he attended the
following:
' • Frost Bank Cowboy Breakfast on February 10, 2012.
• Schertz Chamber of Commerce Clear Blue Car Wash Ribbon Cutting on
February 10, 2012
Councilmember Fowler indicated that he has been recruited to join the EDC
Team for the upcoming Wilenchik Walk for Life on March 3, 2012, He stated
that if the Council does not have a team he would invite them to join him.
11. Announcements by City Manager
Mayor Baldwin recognized City Manager John Kessel who stated that he would
like to give kudos to Jonathon Harshman, Fleet Supervisor, who developed an easy
02-14-2012 Minutes
and effective after-hours vehicle drop-off solution. He wished the City Council and
Staff a Happy Valentine's Day.
Adiournmez<t
Mayor Baldwin adjourned the
ATTEST:
Brenda Dennis, TRM , MMC City Secretary
02-14-2012 Minutes