05-14-2013 MinutesNIINUTES
REGULAR MEETING
May 14, 2413
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 14,
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
Councihnember David Scagliola
Councilmember Sydney Verinder
Councilmember Jim Fowler
Councilmember George Antuna
Staff Present:
Executive Director John Bierschwale
Executive Director Brian James
City Secretary Brenda Dennis
Mayor Pro-Tem Edwards was absent.
CALL TO ORDER:
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 Ray Brown, Resurrection Baptist Church gave the invocation followed by the Pledges of
Allegiance to the Flags of the United States and the State of Texas.
Employee Recognition
• Employee Longevity Recognition (J. KesselB. Cantu)
Mayor Carpenter and City Manager John Kessel presented service pins to the following
employees:
• Beverly Todd (20 years)
• Sandy Bryant (20 years)
• Sam Willoughby (25 years)
• Gail Douglas (30 years)
• Johnny Bierschwale (35 years)
Executive Director John Bierschwale was surprised by a plaque presented by his family.
Mayor Carpenter moved to the Workshop section of the agenda.
Workshop
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A. Resolution No. 1.3-R-38 -Consideration and/or action approving a Resolution authorizing
a Memorandum of Understanding with the City of Cibolo to provide waterlsewer service
between Corridor Loop and Wiederstein Road, and other matters in connection therewith.
(J. Bierschwale/S. Willoughby)
The following was read into record:
RESOLUTION NO. 13-R-38
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF
CIBOLO, AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter asked Council if they had any questions andlor comments and recognized
Councilmember Scagliola who stated that this Memorandum of Understanding is an example
of collaboration and awin-win synergy for both Cities.
For the record: the City of Cibolo approached the City of Schertz requesting assistance with
water and wastewater services in the area. Cibolo is unable to provide adequate water
service and pressure to this area without constructing an elevated water tank and is in need of
wastewater delivery services to CCMA through Schertz lines. As a cooperative project with
a sister city, it is in the best interest of the City to enter into a Memorandum of
Understanding with Cibolo to provide these services to the residents of the area outlined in
Exhibit A. When the development is complete, up to 354 acre-feet of treated Edwards
Aquifer water will be delivered to this area per year.
Mayor Carpenter recognized Mr, Robert Herrera, City Manager, City of Cibolo who was in
the audience this evening who came forward thanking the Gity of Schertz. He stated this
item would be on their agenda May 2$, 2013 for consideration.
Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by
Councihnember Antuna to approve Resolution No. 13-R-3$. The vote was unanimous, with
Councilmembers Fowler, Scagliola, Antuna, and Yerinder voting yes, and no one voting
no. Mayor Pro-Tem Edwards was absent. Motion Carried.
Mayor Carpenter moved to the Hearing of Residents portion of the agenda to accommodate a special
group who had signed up to speak.
Hearing of Residents
Mayor Carpenter recognized Mr. Andrew Iliff, Principal, John Paul II Catholic High School and
honor students of the Graduating Class of 2013 -who presented the Mayor and Council with a
portrait of the frst Graduating CIass thanking the Mayor, Council and Staff for all their support.
Presentations
• Proclamation National Nursing Home week (Mayor Carpenter)
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Mayor Carpenter stated that on Monday, May 13, 2013 he visited Silver Tree Nursing Home
and presented a. proclamation recognizing National Nursing Home Week, Mayor Carpenter
read the proclamation:
Proclamation National Public Works Week (Mayor CarpenterlS. Willoughby)
Mayor Carpenter~read and presented the proclamation honoring National Public Works Week
to Public Works Director Sam Willoughby.
• Hal Baldwin Scholarship Award Recommendations {J. Kessel/Mayor Carpenter)
Mayor Carpenter stated that the City had received six {6) very qualified candidates and the
Committee met and selected two {2) top recipients: Ms. Loren Morris who was chosen to
receive $2,500, and Ms. Aruna Kharod who was chosen to receive $1,250.
Presentation regarding the Cibolo Valley Local Government Corporation -The past, present
and future. {J. BierschwalelS. Willoughby)
Mayor Carpenter recognized Executive Director of Operations John Bierschwale and Public
Works Coordinator Cindy Raleigh who provided a brief PowerPoint on the History and
future of the Cibolo Valley Local Government Corporatlon.
Mayor Carpenter moved hack to the Hearing of Residents portion of the agenda to accommodate
those who have been waiting to speak.
Hearing of Residents:
This time is set aside for any person who wishes to address the City Council. Each person should fill
out the speaker's register prior to the meeting. Presentations should be limited to no more than 3
minutes, -
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impertinent, or slanderous remarks while addressing the Council may
be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, andlor a proposal to place the item on a future agenda. The presiding offrcer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak
in the order they have registered.
Mayor Carpenter recognized the following who spoke:
Mr. Brad Bailey Executive Director, Randolph Metrocom Chamber of Commerce, 1619
Jasmine Drive, who stated he was here representing the downtown business owners. He
spoke on the growing business community and the opportunities. The need to involve the
local downtown businesses in the City's decision malting process.
i
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• Ms. Gilisa Lawrence with Kung Jung Mu Sul who came forward invited Council to attend
their Family Fun Night, May 17, 2013 b-$ p.m.
• Mr. Grumpy Azzoz, 528 Wayward Pass, who spoke on the recent purchase of Salof by GE
and the great opportunities.
Mayor Carpenter thanked Mr. Azzoz for bringing this up and stated that one of the things in the
GE press release was stated that the facility in Schertz has the potential to be the GE Oil and
Gas Packaging and Manufacturing Center of excellence.
• Mr. Steve White, Board Member of the Veterans Memorial Plaza, $05 Main Street, who
provided an update on the Veterans Memorial Plaza thanking many staff members for their
help and assistance on the project. Individuals mention: Mr. Brian James, Mr. Bob Cantu,
Mr. John Bierschwale, Mr. Chuck VanZandt, Mr. Doug Letbetter, Mr. George Logan, Mr.
Juan Santoya, Mr. Rene Zarate, and Robert Martinez.
Mr. White stated they have raised $149,242 so far.
• Mr. David Richmond, 2921 Bent Txee Drive, who personally thanked Mr. Michael Dahle
for his work as Chairman of the School District's Bond Committee.
Mayor Carpenter moved back to the presentation portion of the agenda.
Presentations•
• Presentation discussion and direction regarding the Final Report from the EMS Consultant
by Fitch & Associates, LLC. (J. BierschwalelD. Wait)
Mayor Carpenter recognized Mr. Tom Little from Fitch & Associates who provided
information on the following from their recent report;
• Project Scope
• Methodology
• Executive Summary
• Findings and Recommendations
Mr. Little addressed questions from Council. Mayor and Council #honked Mr. Little. City
Manager John Kessel stated that they have started to put together the plan to address the
areas of recommendation from Fitch & Associa#es.
Ci Events and Announcements
• Announcements of upcoming City Events {D. HarrislJ. BierschwalelB. James)
Mayor Carpenter recognized Executive Director David Harris who announced the following
upcoming events:
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• Wednesda Ma 15 2013 -Schertz-Cibolo Joint Police Memorial Service, 10:30 a.m.,
Schertz Police Department.
• Friday, May 17, 2013 - 10:30 a.m. TML Legislative Webinar, 10:30 a.m. City Manager's
Conference Room.
• Sunday, May 19, 2013 -EMS Golf Tournament, 11:30 a.m. check in, 1:00 p.m, shotgun start,
Olympia Hills Golf Course.
• Tuesday~May 21, 2013 - Helping a Hero Program Dedication - 11:30 a.m. 2909 Mistywood
Lane
• Saturday, Ma~2013 ~- 12th Annual Wilenchik Memorial Doggie Dash, Pickrell Park,
7:00 -11:00 am. Race begins at 8:00 am.
• Sunda Ma 2G 2013 -EMS Banquet and Casino Night, Community Center, 6:00 to 10:00
p.m.
• Announcements and recognitions by City Manager (J. Kessel}
No further announcements or recognitions were provided.
Discussion and Action Items
4. Ordinance No. 13-B-17 -Consideration andlar action approving an Ordinance by the City
Council of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas Tax
Notes, Series 2013A", levying an annual ad valorem tax, within the limitations prescribed by
law, far the payment of the obligations; prescribing the form, terms, conditions, and
resolving other matters incident and related to the issuance, sale, and delivery of the
obligations; authorizing the execution of a Paying AgentlRegistrar Agreement and a
Purchase and Investment letter; complying with the letter of representations with the
Depository Trust Company; and providing an effective date. First and Final reading (J.
KessellA. Friedman -Southwest Securities)
The following caption was read into xecord:
ORDINANCE N0.13-8-17
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS TAX NOTES,
SERIES 2013A", LEVYING AN ANN-UAL AD VALOREM TAX, WITHIN THE
LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE
OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND
RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE,
SALE, AND DELIVERY OF THE OBLIGATIONS; AUTHORIZING THE
EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A
PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE LETTER OF
REPRESENTATIONS WITH THE DEPOSITORY TRUST COMPANY;
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AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT
AGREEMENTS WITH THE .CITY'S FINANCIAL ADVISORS ANDIOR BOND
COUNSEL; AND PROVIDING AN EFFECTIVE DATE
Mayan Carpenter recognized Bond Counsel Mark McLiney and Andrew Friedman with
Southwest Securities who introduced this item stating that On May 7, 2013 the City Council
authorized staff to pursue financing for the purchase of P-25 Radios and other emergency
services related equipment. Mr. Friedman stated they were able to secure a note with Branch
Banking and Trust in the amount of $$00,000 at an interest rate of 1.30%. The term of the
Notes will be 5 years. Mr. Friedman presented the debt service schedule to the Council with
the final interest of 1.30%.
With the issuance of the Notes, the City will need to budget approximately $167,000 per year
for the 5 years. Staff believes that the annual debt service can be absorbed within the existing
1&S tax rate. Mr. Friedman stated the finance department ran the numbers and found the City
could absorb the new tax notes without increasing taxes.
Mayor Carpenter recognized Councilmernber Scagliola who moved, seconded by
Councilmember Fowler to approve Ordinance No. 13-B-17 First and Final xeading. The vote
was unanimous, with Councilmembers Fowler, Scagliola, Antuna, and Verinder voting yes,
and no one voting no. Mayor Pro-Tem Edwards was absent. Motion Carried.
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.
1. Minutes -Consideration andlor action regarding the approval of the minutes of the Regular
Meeting of May 7, 2013. (J. KesselB. Dernvs)
2. Ordinance No. 13-T-16 -Consideration andlor action approving an Ordinance authorizing a
Budget Adjustment to Fund 314 {Hotel Tax) for modif cation of concession stands; repealing
all Ordinances or parts of Ordinances in conflict with this Ordinance; and providing an
effective date. Final Reading (D. Harris/M. Spence)
The following caption was read into record:
Ordinance No. 13-T-16
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT TO FUND 314 OTEL T FOR
MODIFICATION OF CONCESSION STANDS; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
3. Resolution No. 13-R-35 -Consideration and/or action approving a Resolution authorizing
an amendment to the Roadrunner Towing contract, -and other matters in connection
therewith. {J. Bierschwale/Chief Hansen) ~
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The following caption was read into record:
Resolution No.13-R-35
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A NON-CONSENSUAL TOWING AGREEMENT WITH
ROADRUNNER TOWING SERVICE, INC., AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by
Councilmember Scagliola to approve the Consent Agenda items 1, 2 and 3. The vote was
unanimous, with Councilmembers Fowler, Scagliola, Antuna, and Yerinder voting yes,
and no one voting no. Mayor Pro-Tem Edwards was absent Motion Carrier
Discussion and Action Items
S. Resolution No. 13-R-31 -Consideration andlor action approving a Resolution authorizing
changes in the Employee FLSA and Disciplinary policies as contained in the City of Schertz
Employee Policy Handbook, and other matters in connection therewith. (J. KessellJ. Smith)
The following caption was read into record:
RESOLUTION NO. 13-R-31
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING CHANGES IN THE EMPLOYEE FLSA AND DISCIPLINARY
POLICIES AS CONTAINED IN THE CITY OF SCHERTZ EMPLOYEE POLICY
HANDBOOK.
Mayor Carpenter recognized Human Resource Director Josh Smith, who introduced this item
stating that the employee policy handbook was last updated in May, 2008. Many of the
policies contained within the policy handbook are now antiquated andlor 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.
4. Vet policies through other review committees consisting of:
a. Administrative Assistants (Gatekeepers}
b. Department Heads
c. City Management
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d. City Employment Attorney
e. City Council
Mr. Smith stated these policy amendments provide greater clarity to supervisors and
employees in their capacity as public servants. Mr. Smith went over the following
changes:
FLSA Policy
• Created a formal policy outlining the laws under FLSA, which regulates hours and
wages in the following areas:
o Minimum Wage
o Child Labor
o Equal Pay
o Record Keeping
o Overtime Pay
Disciplinary Policy
• Expounded upon criteria for discipline and types of discipline
• Created a structured progressive disciplinary process {
• Created a check and balance system to foster consistency in fairness for how
employees are disciplined
• Clarified process for final decision making in disciplinary matters
• Clarified Appeal process and procedure
Mayor Carpenter recognized Councilmennber Fowler who moved, seconded by
Councihnember Scagliola to approve Resolution No. 13-R-31. The vote was unanimous,
with Councilmembers Fowler, Scagliola, Antuna, and Yerinder voting yes, and no one
voting no. Mayor Pro-Tem Edwards was absent Motion Carried,
Mayor Carpenter moved back to the Workshop section of the agenda.
Wow
B. Presentation/discussion regarding Legislative updates (D. Harris/D. Harris)
Mayor Carpenter recognized Executive Director of Support David Harris, who provided
information that the Texas Municipal League has brought before them. Mr. Harris
highlighted HB 2908, HB 2953 and SB 1466 -which would potentially prohibit ability of
cities to regulate individuals holding licenses including lenders. He stated he would suggest ~
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contacting your State Representatives, as this item could potentially prohibit the City from
licensing our Contractors.
Mr. Harris stated the end of the Legislative Session is Monday, May 27, 2013.
Mayor and Council requested that this item be placed back on the next agenda to provide
them with an update and more detail.
Roll CaI1 Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for the workshop
item and regular agenda itemsl through S.
Re nests and Announcements
6. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements provided,
7. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No requests given.
8. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Carpenter recognized Councilmember Fowler who requested information regarding
flood control regionally and how it affects our City.
9. .Announcements by Mayor and Councilmembers
• City and community even#s 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 Carpenter recognized Councilmember Fowler who stated he attended the following:
• Monday, May 13, 2013, Schertz Sector Plan Open House & Town Meeting
Mayor Carpenter xecognized Councilmember Scagliola who stated he attended the following
events:
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• Saturday, May 11, 2013, Cibolo Volunteer Fire Department Sausage Event.
Mayor Carpenter recognized Councihnember Antuna who stated he attended the fallowing
events:
• Tuesday, May 14, 2013, Guadalupe County Commissioners Court
He stated tha# he will be attending the Greater Bexar County Council of Cities meeting
Wednesday, May 1 S, 2013.
Mayor Carpenter recognized Councilmember Verinder who stated he attended the following
events:
• Wednesday, May 8, 2013, GVEC Power Up Grant Presentation at the Veteran's
Memorial Plaza.
Councihnember Verinder stated that he will be attending the following upcoming events:
• Wednesday, May 8, 2013 -GVEC Power Up Grant Presentation at the Veteran's
Memorial Plaza.
• Thursday, May 23, 2013 -Cibolo Valley Local Government Corporation Workshop
Mayor Carpenter stated as he was waiting on the election results he was able to spend some
time with Mayor Elect Andrew Dalton from Garden Ridge. Mayor Carpenter stated that he
had attended the Northeast Partnership meeting Thursday, May 9, 2013.
Executive Session
Council did not meet.
Reconvene into Re ular Session
10. Take any action deemed necessary as a result of the Executive Session.
No action taken as Council did not meet.
Adjournment
As there was no further business, the meeting was adjourned at 9: p.m.
Ma r, Michael R. Carpenter
T:
Secretary, Brenda Dennis ~
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