03-26-2013 MinutesMINUTES
REGULAR MEETING
March 26, 2013
A Regular Meeting was held by the Schertz City Council, of the City of Schertz, Texas, on March 26,
2013, at 6:00 p.m., in the Hal Baldwin Municipal "Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to -wit:
Mayor Michael R. Carpenter
Councilmember Jim Fowler
Councilmember George Antuna, Jr.
Staff Present:
Executive Director John Bierschwale
Executive Director Brian James
City Secretary Brenda Dennis
CALL TO ORDER:
Mayor Pro -Tem Cedric Edwards, Sr.
Councilmember David Scagliola
Councilmember Sydney H. Verinder
City Manager John C. Kessel
Executive Director David Harris
City Attorney Samantha Dyal
Mayor Carpenter called the Regular Meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Pastor Corey Webb with Everyday Christian Fellowship Church gave the invocation followed by the
Pledges of Allegiance to the Flags of the United States and the State of Texas.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris /J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director David Harris who announced the following
upcoming events:
• Thursday, March 28, 2013 - Community Budget Presentation, Schertz United
Methodist Church at 6:00 p.m.
• Wednesday, April_ 3, Skateboard Design meeting — community input welcome, Schertz
Civic Center 6:30 p.m. to 8:00 p.m.
• Thursday, April 25, 2013, Volunteer Fair and Open House — Schertz Civic Center 6:00
p.m. to 8:00 p.m.
• Tuesday, April 30, 2013 Hal Baldwin Scholarship application deadline..
• Thursday, May 2, 2013, 5:45 p.m. — Sweetheart Court Coronation, Schertz Civic Center
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who recognized Rita Duprat -Waldo
for her recent completion of the Universal Public Procurement Officer Certification. Mr.
Kessel also read an email from a citizen who witnessed and complimented Motorcycle
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Officer Danny Tomlinson for stopping to render aid to a child who had fallen off their
bicycle.
Mayor Carpenter shared an email from a Foster Parent thanking Deputy Fire Marshal John
Perry and Sanitarian Jesse Hamilton who on their lunch hour conducted the health inspection
needed to place a child in their home.
Workshop Presentations
• Presentation and/discussion regarding the upcoming Schertz Cibolo Universal City ISD
(SCUCISD) Bond Election. (M. Carpenter /Dr. Gibson)
Mayor Carpenter recognized Dr. Greg Gibson, Superintendent Schertz- Cibolo- Universal City
Independent School District provided information on the upcoming May 11, 2013, Bond
election.
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 Carpenter recognized the following who spoke:
• Mrs. Clare Layton, 12231 Lost Meadows, who spoke regarding agenda item 9, Employee
Policy Handbook, possible word changes to some areas. Regarding timesheet change "should
notify employees" to "must notify employces". Add after all references to disciplinary action
up to and including termination, a reference to the disciplinary chapter.
• Mr. Michael Dahle, 9120 E. FM 15 18, who spoke on the upcoming SCUCISD Bond
Election. -
• Mr. Robert Brockman, 1000 Elbel, who asked that in the fixture staff could be more specific
in the language used for agenda items, identifying the specific areas, i.e., "Old Fire Station" --
should have read "Old Fire Station in Seguin", as well as give address of Subdivisions listed
on tonight's agenda.
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• Ms. Lora Schafer, 242 Country Lane, who invited Mayor /Council and staff to attend an
upcoming Leader Cast Seminar, scheduled for May 10, 2013, at the Discovery Church, 242
Country. Lane, Cibolo, Texas.
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 or a Councilmember.
Mayor Carpenter stated that at the request of staff Agenda item 7 had been pulled, and that Items 5
and 6 have been requested to be removed from the Consent agenda for separate action. Council
concurred.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of March 14, 2013. (J..Kessel/B. Dennis)
2. Resolution No. 13 -R -18 — Consideration and/or action approving a Resolution authorizing the
dedication of two (2) permanent wastewater collection/rcclaimed water Distribution System
with Temporary Construction Easement Agreements and give (5) Temporary Sewer Line
Easement Agreements to assist Cibolo Creek Municipal Authority with their upgrades and
rehabilitation project and other matters in connection therewith. (J. BierschwalelS.
Willoughby)
The following was read into record:
RESOLUTION NO. 13 -R -18
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE DEDICATION OF TWO (2) PERMANENT WASTEWATER
COLLECTION/RECLAIMED WATER DISTRIBUTION SYSTEM WITH
TEMPORARY CONSTRUCTION EASEMENT AGREEMENTS AND FIVE (5)
TEMPORARY SEWER LINE EASEMENT AGREEMENTS TO ASSIST CIBOLO
CREEK MUNICIPAL AUTHORITY WITH THEIR UPGRADES AND
REHABILATION PROJECT AND OTHER MATTERS IN CONNECTION
THEREWITH
3. Resolution No. 13 -R -22 — Consideration and/or action approving a Resolution authorizing
the abandonent and release of a portion of the existing Drainage Easement in the
Cottonwood Subdivision and authorizing a Stormwater Drainage Easement Agreement with
Overman Properties II, LTD., and other matters in connection therewith. (J. BierschwalelS.
Willoughby)
The following was read into record:
RESOLUTION NO. 13 -R -22
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE ABANDONMENT AND RELEASE OF A PORTION OF THE
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EXISTING DRAINAGE EASEMENT IN THE COTTONWOOD SUBDIVISION AND
AUTHORIZING A STORMWATER DRAINAGE EASEMENT AGREEMENT WITH
OVERMAN PROPERTIES II, LTD., AND OTHER MATTERS IN CONNECTION
THEREWITH
4. Resolution No. 13 -R -23 — Consideration and/or action approving a Resolution authorizing a
Professional Services Agreement with Ford Engineering, Inc., relating to engineering,
design, and hydraulic study for the Waterline Phase I Replacement Project in the Northcliffe
Subdivision, and other matters in connection therewith. (J. Bierschwale /S. Willoughby)
The following was read into record:
RESOLUTION NO. 13 -R -23
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD
ENGINEERING, INC., RELATING TO ENGINEERING, DESIGN, AND
HYDRAULIC STUDY FOR THE WATERLINE PHASE I REPLACEMENT
PROJECT IN THE NORTHCLIFFE SUBDIVISION, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by
Councihnember Fowler to approve the consent agenda items 1, 2, 3, and 4. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Seagliola, Antuna,
and Verinder voting yes, and no one voting no. Motion Carried
Discussion and /or Action Items
5. Resolution No. 13 -R -24 --- Consideration and/or action approving a Resolution authorizing a
Professional Services Agreement with Ford Engineering, Inc., relating to engineering and
design for the Southeast Quadrant Elevated Tank and Waterline Tie to FM 1518 and
Schaefer Road Project, and other matters in connection therewith. (J. Bierschwale /S.
Willoughby)
The following was read into record:
RESOLUTION NO. 13 -R -24
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD
ENGINEERING, INC., RELATING TO ENGINEERING AND DESIGN FOR THE
SOUTHEAST QUADRANT ELEVATED TANK AND WATERLINE TIE TO FM
1518 AND SCHAEFER ROAD PROJECT, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Assistant Public Works Director Jimmy Hooks who stated
action approves a Professional Services Agreement with Ford Engineering to provide the
engineering and design services for the Southeast Quadrant Elevated Tank and Waterline Tie
to FM 1518 and Schaefer Road. Mr. Hooks address Council questions related to choosing
Ford Engineering firm.
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Mayor Carpenter recognized Councilmember Antuna who moved, seconded by
Councilmember Scagliola to approve Resolution No. 13 -R -24. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna, and Verinder
voting yes, and no one voting no. Motion Carried.
b. Resolution No. 13 -R -25 — Consideration and/or action approving a Resolution granting
consent for the Schertz - Seguin Local Government Corporation to use excess funds from the
2010 Bond fund to purchase the Old Fire Station Building for office facilities, and other
matters in connection therewith. (J. Bierschwale /S. Willoughby)
The following was read into record:
RESOLUTION NO. 13 -R -25
A RESOLUTION OF THE CITY COUNCIL OF SCHERTZ, TEXAS, GRANTING
CONSENT FOR THE SCHERTZ -SEGUIN LOCAL GOVERNMENT
CORPORATION TO USE EXCESS FUNDS FROM THE 2010 BOND FUND TO
PURCHASE THE OLD FIRE STATION BUILDING FOR OFFICE FACILITIES;
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized SSLGC 'General Manager Alan Cockerell who stated action
approves a request from the Schertz- Seguin Local Government Corporation (SSLGC) to use
up to $750,000 from the 2010 Bonds to purchase and reconfigure the Old Firehouse building
in Seguin for office facilities. Mayor Carpenter recognized SSLGC Chair Ken Greenwald
who came forward stating the SSLGC board has approved this purchase by unanimous vote
and recommends approval. Mr. Cockerel) and Mr. Greenwald addressed Council concerns
and questions regarding the purchase.
Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by
Councilmember Antuna, to approve Resolution No. 13 -R -25. The vote was unanimous with
Mayor Pro-Tem. Edwards, Councilmembers Fowler, Scagliola, Antuna, -and Verinder
voting yes, and no one voting no. Motion Carried
8. Resolution No. 13 -R:27 — Consideration and/or action approving a Resolution accepting the
Semiannual Report with respect to the progress of the Capital Improvements Plan, and other
matters in connection therewith. (B. James/L. Busch)
The following was read into record:
RESOLUTION NO. 13 -R -27
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
ACCEPTING THE SEMIANNUAL REPORT WITH RESPECT TO THE
PROGRESS OF THE CAPITAL IMPROVEMENTS PLAN, AND OTHER MATTERS
IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director Development Brian James who stated
Section 395.058 (c) (4) of the Texas Local Government Code requires the Capital
Improvements Advisory Committee (CIAC) to file semiannual reports with respect to the
progress of the capital improvements plan and report to City Council any perceived
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inequities in implementing the plan or imposing impact fees. Section 90 -158 of the City's
Code of Ordinance includes this same requirement. The CIAC is a citizen group made up of
our current Planning and Zoning Commission, a real estate -type representative and a resident
in the Extraterritorial Jurisdiction, all of whom are appointed by the City Council.
The report being presented covers the past fiscal year, October 1, 2011 through September
30, 2012. Future reports will be presented semiannually, with the next report covering the
period of October 1, 2012 through March 31, 2013. It is anticipated that this next report will
be presented to Council in May.
Mr. James stated action requested of Council is to approve Resolution No. 13 -R -27 accepting
the Semiannual Report on the revenue and expenditures relating to the water and wastewater
impact fees as filed by the City of Schertz Capital Improvements Advisory Committee
(CIAC).
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Fowler to Resolution No. 13 -R -27. The vote was unanimous with Mayor
Pro -Tem Edwards, Councilmemhers Fowler, Scagliola, Antuna, and Yerinder voting yes,
and no one voting no. Motion Carried
9. Resolution No. 13 -R -28 — Consideration and/or action approving a Resolution authorizing
changes in the Employee attendance and time recording policies as contained in the City of
Schertz Employee Policy Handbook, and other matters in connection therewith. (J. Kessel/J.
Smith)
The following was read into record:
RESOLUTION NO. 13 -R -28
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING CHANGES IN- THE EMPLOYEE ATTENDANCE AND TIME
RECORDING POLICIES AS CONTAINED IN THE CITY OF SCHERTZ
EMPLOYEE POLICY HANDBOOK, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Human Resource Director Josh Smith, who stated the employee
policy handbook was last updated in May, 2008. Many of the policies contained within the
policy handbook are now antiquated and/or out of compliance.
Staff has performed their due diligence in ensuring the proposed changes to personnel policy
are appropriate through the following process:
1. Benchmark best practices of other municipalities in the South - Central Texas Region.
2. Solicit input from key stakeholders and Subject Matter Experts (SME's)
3. The development of an ad -hoc review committee consisting of individuals from
various departments to ensure the policies fit the unique needs, culture, and values of
the City of Schertz.
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4. Vet policies through other review committees consisting of:
a. Administrative Assistants (Gatekeepers)
b. Department Heads
c. City Management
d. City Employment Attorney
e. City Council
Mr. Smith stated the summaries of actions are as follows:
Attendance Policy
• Clarified guidance in reporting absences and tardiness
Provide parameters for use of authorized absences and paid leave
Time Reporting Policy
• Clarified definitions of Lunch and Rest Periods
• Clarified definitions of Stand -By (On -Call Pay)
• Added rules for reporting leave and leave substitutions
• Added FLSA guidelines for what constitutes work, training time, travel time,
and volunteer work
Work Schedulin g Folic
• Clarifying work schedules
• Defines responsibilities of supervisors and departments in developing work
schedules
• Clarifies Meal and Rest periods
• Generally defines work schedule parameters for public safety
Mr. Smith addressed Mrs. Layton's Council questions and concerns.
Mayor Carpenter recognized Scagliola who moved, seconded by Mayor Pro -Tem Edwards to
Resolution No. 13 -R -28. The vote was unanimous with Mayor Pro -Tem Edwards,
Councilmemhers Fowler, Scagliola, Antuna, and verinder voting yes, and no one voting
no. Motion Carried
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items
1, 2, 3, 4, 5, 6,8 and 9.
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Executive Session
Mayor Carpenter recessed the regular meeting into executive session at 8:00 p.m.
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation;
Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange,
sale, lease, or value of real property, or real estate;
Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies,
duties, employment, and evaluation of certain public officials and employees;
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 9.05 p. m.
10. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
11. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel
12. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda. .
No items were requested.
13. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked that staff conduct a search
for firms who could provide an anonymous climate survey of all employees. Mayor Pro -Tem
Edwards asked staff to provide names of firms who would be able to do the climate survey,
and bring back the firm names in 30 days.
Mayor Carpenter recognized Councilrnember Antuna who reminded staff of his request to
provide information on City Council competitive compensation from around the region. {
14. Announcements by Mayor and Councilmembers
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• City and community events attended and to be attended
• City Council Committee and Liaison Assignments
• 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 Pro -Tern Edwards attended: Wednesday - Employee Remembrance Day Celebration,
Anti- Tobacco Rally and Flash Mob, Saturday - Crawfish Boil.
• Councilmember Fowler attended: Employee Remembrance Day Celebration, and on
Wednesday, March 27, 2013, will be attending an Alamo Area Development Corporation
Committee meeting. Councilmember Fowler stated that he would not be in attendance next
week, as he will out of town attending"-his high school reunion.
• Councilmember Scagliola attended: Wednesday - Employee Remembrance Day Celebration,
Thursday - Chamber Taste & Iron Chef Throw Down event, Saturday - rubbed elbows with
celebrities at the Comic Con event, went by the Plant & Play Day event, and attended the
Crawfish Boil that afternoon.
• Councilmember Antuna attended: Crawfish Boil - Saturday. Councilmember Antuna stated
the Metropolitan Planning Organization meeting was yesterday, and the subcommittee
agreed to the 19 members that had been selected. He stated the next meeting will be here in
Schertz at the Civic Center Bluebonnet Room, April 5, 2013, at 10:00 a.m.
• Councilmember Verinder attended: Wednesday - Employee Remembrance Day Celebration,
Anti- Tobacco Rally and Flash Mob, Thursday - Chamber Taste & Iron Chef Throw Down
event,- Saturday - Plant & Play Day, as well as the Community Pre - Budget Session on
Wednesday.
• Mayor Carpenter stated he attended: Thursday — Chamber Taste & Jxon Chef Throw Down
event, Saturday
Adiournment
As there was no further business, the meeting was adjourned at
, Michael R. Carpenter
ST:
ity Secretary, Brenda Dennis
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