09-04-2012 MinutesMINUTES
REGULAR MEETING
September 4, 2012
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on September
4, 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 Pro -Tern George Antuna
Councilmember David Scagliola
Councilmember Michael Carpenter
Staff Present:
Executive Director John Bierschwale
Executive Director Brian James
City Attorney Katherine Tapley
CALL TO ORDER:
Councilmember Jim Fowler
Councilmember Cedric Edwards
City Manager John Kessel
Executive Director David Harris
Chief of Staff Bob Cantu
Deputy City Secretary Cynthia Raleigh
Mayor Pro -Tem Antuna called the Regular Meeting to order at 6:00 p.m. and welcomed everyone.
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.
Presentations
• Proclamation - National Payroll Week (Mayor Pro- Tem/Council)
Mayor Pro-Tem. Antuna recognized Ramfas Monzon and Bonnie Downey with the Alamo
Chapter of the American Payroll Association and presented them with a proclamation honoring
National Payroll Week.
Proclamation recognizing Lt. Paul Marsh, Guadalupe County Children's Advocacy Center for
his years of service Interim Director Christy Williams to accept on behalf of Lt. Paul Marsh
(Mayor Pro- Tem/Council)
Mayor Pro-Tern Antuna recognized Interim Director of the Guadalupe County Children's
Advocacy Center, Christy Williams, and presented her with a proclamation of behalf of Lt.
Paul Marsh for his years of service.
• Presentation and briefing regarding the City of Schertz National Night Out Program (J.
Kessel/S. Ceeko)
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Mayor Pro -Tern Antuna recognized Special Projects Officer, Shawn Ceeko, who presented a
briefing on the upcoming City of Schertz National Night Out to be held on October 2, 2012.
City Events
Announcements of upcoming City Events (D. Harris /J. BierschwaleB. James}
Mayor Pro -Tern Antuna recognized Executive Director David Harris who provided the following
announcements:
• Tuesday, September 11, 2012, final vote on the FY 2012 -13 Budget.
• Tuesday, September 11, 2012, Playscape Groundbreaking Ceremony, 5:30 p.m. before the
Council meeting.
• Monday, September 17, 2012, Volunteer Fair & Open House, 6 to 8 p.m. — Civic Center.
• Friday, September 28 and Saturday, September 29, 2012, SchertzFest — Pickrell Park
Workshop Items
•. Discussion regarding city -wide security /monitoring systems (J. Kessel/B. James/P. Gaudreau)
Mayor Pro -Tem Antuna recognized Owner's Representative Phil Gaudreau who briefed the
Council on the security cameras for the new playscape. Mr. Gaudreau asked for guidance from
Council on pursuing the purchase of seven (7) security cameras at $10,000 plus $20,000 for
installation and equipment, for a grand total of approximately $30,000. The area would not be
real -time monitored, but rather retroactive. Mr. Gaudreau answered questions from Council, It
was the consensus of Council for the City to move forward in the purchase of these cameras. The
cameras would need to be paid for out of the 2010 Piayscape/Natatorium bond through a funds
transfer from the Natatorium allocation amount.
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should fill
out the speaker's register prior to the meeting. Presentations should be limited to no more than 3
minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks.while addressing the Council may
be requested to leave the meeting.
Discussion by the Council of any item not 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, and/or a proposal to place the item on a future agenda. The presiding officer, 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 Pro-Tern Antuna recognized the following person who spoke:
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• Maggie Titterington, President of the Schertz Chamber of Commerce who updated the Council
on membership, new businesses, and other events of the Chamber.
Consent Agenda Items
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 Pro -Tern or a Councilmember.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of August 28, 2012. (J. Kessel/B. Dennis)
2. Ordinance No. 12 -E -24 — Consideration and/or action approving an Ordinance correcting a
scrivener's error in Ordinance 12 -E -12 calling a Special Election to be held in the City of
Schertz on November 6, 2012, and matters relating thereto; and declaring and emergency and
providing an effective date. First and Final Reading (J. KessellM. Spain)
The following was read into record;
ORDINANCE NO. 12 -E -24
AN ORDINANCE CORRECTING A SCRIVENER'S ERROR IN ORDINANCE NO. 12-
E-12 CALLING A SPECIAL ELECTION TO BE HELD IN THE CITY OF SCHERTZ
ON NOVEMBER 6, 2412 AND MATTERS RELATING THERETO; AND DECLARING
AN EMERGENCY AND AN EFFECTIVE DATE
3. Resolution No. 12 -R -75 - Discussion/consideration and/or action approving a resolution
authorizing the adoption of a revised City of Schertz Investment Policy. (J. Kessel/J. Santoya)
The following was read into record:
RESOLUTION NO. 12 -R -75
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING ADOPTION OF THE CITY OF SCHERTZ INVESTMENT POLICY.
4. Resolution No. 12 -R -76 — Consideration and/or action approving a Resolution authorizing a
Waterline Easement for Oaks at Green Valley H. (J. Bierschwalc/L. Busch)
The following was read into record:
RESOLUTION NO. 12 -R -76
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING ACCEPTANCE OF A SIDEWALK EASEMENT AND TWO
- WATERLINE EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
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AGREEMENTS WITH OGVP, LTD., AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Pro -Tem Antuna recognized Councilmember Fowler who moved, seconded by
Councilmember Edwards to approve the Consent Agenda Items 1 through 4 as presented. The
vote was unanimous. Motion passers.
Discussion and /or Action Items
5. Public Hearing Fiscal Year 2012 -13 Budget — Conduct a public hearing and consideration
and/or action approving the City of Schertz FY 2012 -13- Budget. (Second required public
hearing) (D. Harris /J. Santoya)
Mayor Pro-Tem. Antuna recognized Executive Director David Harris who presented the City of
Schertz Budget video and PowerPoint Presentation.
Mayor Pro -Tem Antuna opened the public hearing and recognized the following:
• Robert Brockman, 1000 Elbcl, Schertz
As no one else spoke, Mayor Pro -Tem Antuna closed the public hearing and opened discussion
on the item.
Council and Management Staff discussed this item in length, answering questions from
Council in regards to the recommended budget and specific items in the budget. Members of
Council discussed specific items in the budget to be looked at and possible reductions to lower
the tax rate.
Ordinance No. 12 -T -25- City of Schertz FY 2012 -13 - Consideration and/or action
approving an Ordinance on the proposed FY 2012 -13 Budget. First Reading (D. Harris /J.
Santoya)
The following was read into record:
ORDINANCE NO. 12 -T -25
AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2012, AND ENDING SEPTEMBER 30, 2013, IN ACCORDANCE WITH
THE CHARTER OF THE CITY OF SCHERTZ, TEXAS; PROVIDING FOR THE
FILING OF THE BUDGET; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
Mayor Pro-Tern Antuna recognized Councilmember Fowler who moved to approve the budget
as presented by staff, seconded by Mayor Pro-Tern Antuna. A roll call vote was conducted.
Vote was 2 -2 -1 with Councilmember Fowler and Mayor Pro -Tem Antuna voting yes,
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Councilmembers Scagliola and Edwards voting no, and Councilmember Carpenter abstaining.
Motion failed due to lack of majority vote.
Council continued to discuss the budget in detail; the Council discussed changes to the
budget including, but not limited to:
• The merit program be reduced to include only those employees below the Executive
Director level.
• Salary market adjustment of only half the amount recommended.
• Reduce General Fund account amount in budget by $25,000.
• Reduce the reserve amount to $300,000.
Additionally, Council discussed cutting or refusing their monthly stipend to save funds,
limiting spending at the Texas Municipal League Annual Conference, the costs associated with
marketing, and the Schertz Magazine.
Mayor Pro -Tern Antuna recognized Councilmember Scagliola who moved to approve the
budget with direction to staff to reduce the proposed budget by $142,600, seconded by
Councilmember Edwards. A roll call vote was conducted. Vote was 3 -2 -0 with Mayor Pro -Tem
Antuna, Councilmembers Scagliola, and Edwards voting yes, and Councilmembers Fowler and
Carpenter voting no. Motion passed.
6. Public Hearing on Proposed Tax Rate for FY 2012 -13 — Conduct a public hearing and
consideration and/or action regarding the adoption of the FY 2012 -13 Tax Rate. (Second
required public hearing) (D. Harris /J. Santoya)
Mayor Pro-Tern Antuna opened the public hearing and recognized the following:
• Yolanda Suarez, 3808 Broughton, Schertz
• Robert Brockman, 1000 Elbel, Schertz
• Reginna Agee, 105 Will Rogers, Schertz
• Clare Layton, 12231 Lost Meadows Drive, Schertz
As no one else spoke, Mayor Pro -Tem Antuna closed the public hearing and opened discussion
on the item.
Council discussed this item in length in regards to the recommended tax rate and the needs for
the future of the City.
Ordinance No. 12 -T -26 -Tax Rate for Fiscal Year 2012 -13 - Consideration and/or action
approving an Ordinance on the proposed FY 2012 -13 Tax Rate. First Reading (D. Harris /J.
Santoya)
The following was read into record:
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ORDINANCE NO. 12 -T -26
AN ORDINANCE APPROVING THE APPRAISAL ROLL; SETTING THE TAX
RATE; LEVYING AND ASSESSING GENERAL AND SPECIAL AD VALOREM
TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF
THE CITY OF SCHERTZ, TEXAS; APPORTIONING THE LEVIES FOR SPECIFIC
PURPOSES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Pro -Tem Antuna recognized Councilmember Scagliola who moved to approve the tax
rate at an amount of $0.4937, seconded by Councilmember Edwards. A roll call vote was
conducted. Vote was 3 -2 -0 with Mayor Pro -Tem Antuna, Councilmembers Scagliola, and
Edwards voting yes, and Councilmembers Fowler and Carpenter voting no. Motion passed
Executive Session
Mayor Pro -Tem Antuna recessed into Executive Session at 9:1 7 p.m.
Called under:
Section 551.071 Texas Government Code Litigation, pending or contemplated Iitigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale,
lease, or value of real property, or real estate;
Section 551.074 Deliberation regarding the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of the City Attorney; and
Section 551.087 Texas Government Code — Deliberation regarding Economic Development
Negotiations.
Reconvene into Regular Session
Mayor Pro -Tem Antuna reconvened into Regular Session at 9:49 p.m.
7. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
8. Requests by Mayor Pro-Tem. and Councilmembers that items be placed on a future City
Council agenda.
No requests for items.
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9. Requests by Mayor Pro -Tem and Councilmembers to City Manager and Staff for information.
Mayor Pro -Tem Antuna recognized Councilmember Carpenter who questioned the procedure
on roll call votes. Charter demands that all votes are roll call except for those that are
procedure in nature. City Manager John Kessel clarified that the procedure for roll call that
was utilized this evening was his direction to staff to avoid any situation of recording incorrect
votes. Councilmember Carpenter asked if staff could make a clarification if roll call will be
done all of the time or none of the time.
10. Announcements by Mayor Pro-Tern and Councilmembers
Mayor Pro-Tern Antuna recognized Councilmember Carpenter who announced that long time
Schertz resident George Mower passed away this past weekend.
Mayor Pro -Tem Antuna announced that he and Executive Director David Harris attended the
funeral for the Mayor of Hollywood Park earlier today.
11. Announcements by City Manager
Mayor Pro-Tem Antuna recognized City Manager John Kessel who recognized the actions of
the Schertz EMS, City of Cibolo, and Schertz - Cibolo- Universal City ISD who worked the bus
accident that occurred earlier this morning. This was a good example of efficient, effective,
and cooperative government.
Ad'ournment
The meeting was adjourned at 9 :59 p. m.
A EST: Mayor Pr em George Antuna
Cynthi Raleigh, CP , Dep City Secretary
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