05-21-2013 MinutesMINUTES
REGULAR MEETING
May 21, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 21,
2013, at 6:10 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
Staff Present:
Executive Director John Bierschwale
Executive Director Brian James
City Secretary Brenda Dennis
CALL TO ORDER:
Mayor Pro -Tem Cedric Edwards
Councilmember David Scagliola
Councilmember Sydney Verinder
City Manager John C. Kessel
Executive Director David Harris
City Attorney Katherine Tapley
Mayor Carpenter called the Regular Meeting to order at 6:10 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Pastor Jeff Roman, Cibolo Valley Baptist Church gave the invocation followed by the Pledges of
Allegiance to the Flags of the United States and the State of Texas.
Proclamations
• Proclamation EMS Week May 19 -25, 2013 (Mayor Carpenter)
Mayor Carpenter recognized EMS Director Dudley Wait and members of the EMS
Department who were present. Mayor Carpenter read and presented the proclamation
recognizing the week of May 19 -25, 2013, as EMS Week.
• Cardiac Arrest Survivor Recognition (D. Wait)
Mayor Carpenter recognized EMS Director Dudley Wait who provided a briefing regarding
the EMS Department and their activities. Mr. Wait recognized and provided success stories
of several cardiac arrest survivors. Mayor Carpenter, City Manager John Kessel and EMS
Director Dudley Wait presented certificates of appreciation to the EMS Crews.
Presentations
A. Parks and Recreation Advisory Board Presentation to Mr. Robert "Bob" Brockman (B.
James /G. Logan/M. Debboun)
Mayor Carpenter recognized Chair of the Parks and Recreation Advisory Board, Col.
Mustapha Debboun who, on behalf of the Parks and Recreation Advisory Board, presented
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Mr. Robert "Bob" Brockman with a Commemorative Coin and a Certificate of Appreciation
recognizing his dedicated service to the City.
B. Resolution No. 13 -R -41 - Consideration and/or action approving the 2013 Recipients of the
Hal Baldwin Scholarship and resolving other matters in connection therewith. (B. Cantu/S.
Gonzalez) (Loren Morris and Arena Kharod)
Mayor Carpenter recognized Executive Assistant Sarah Gonzalez who stated that action
requested of Council approves the recipients of the 2013 Hal Baldwin Scholarship: Loren
Morris $2,500 and Arena Kharod $1,250 as per the recommendation by the Hal Baldwin
Scholarship Advisory Committee. Ms. Gonzalez introduced members of the Hal Baldwin
Scholarship Committee who were present. Ms. Gonzalez stated staff recommends approval.
Mayor Carpenter and Ms. Susan Beck (Daughter of Hal Baldwin) presented the scholarships
to Ms. Loren Morris and Ms. Arena Kharod. Mayor and Council congratulated the
recipients.
Mayor Carpenter stated that the Council actually needs to pass the Resolution before the
money is awarded and read the following caption into record:
RESOLUTION NO. 13 -R -41
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
APPROVING THE 2013 RECIPIENT OF THE HAL BALDWIN SCHOLARSHIP,
AND RESOLVING OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Councihnember Scagliola who stated that as a matter of formality
he moved, seconded by Councilmember Fowler to approve Resolution No. 13 -R -41. The vote
was unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna
and Verinder voting yes, and no one voting no. Motion Carried.
Mayor Carpenter stated that it was interesting that he forgot to read and pass the resolution
first, because in September of 1983 when Hal Baldwin was sworn in after being appointed to
Council, the minutes read "that after he was sworn in, that Mayor Sawyer said, oh wait a
minute we should have voted on that before we swore him in," lets do this by acclimation.
He stated maybe that's what caused him to thank of that.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director of Support David Harris who announced the
following upcoming events:
• Monday, May 27, 2013 — City Offices will be closed in observance of Memorial Day.
•
Saturday, Mgy 25 2013 — 12th Annual Wilenchik Memorial Doggie Dash, Pickrell Park,
7:00 —11:00 am. Race begins at 8:00 am.
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• Sunday, May 26, 2013 - EMS Banquet and Casino Night, Community Center, 6:00 p.m. to
10:00 P.M.
• W- ednesda Ma- 2-9 2,013—Helping a Hero P-ro am Dedication - 1:00 -p.m: - -2909 —
Mistywood Lane
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who recognized Parks Foreman
Mike Trainor. Mr. Kessel stated that he had received a thank you note from Mr. Archer with
the Crescent Bend Neighborhood thanking Mr. Trainor for helping them set up and assisting
in their large item drop off event they held recently.
Mr. Kessel also gave kudos and a job well done to Economic Development Director David
Gwin who recently spoke to the Commercial Real Estate Women - San Antonio (CREW)
Organizations monthly meeting regarding the Amazon project. Mr. Kessel stated that the
most interesting thing was that the San Antonio Economic Development reserved a whole
table to attend.
Discussion and Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of May 14, 2013. (J. Kessel/B. Dennis)
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by
Councilmember Scagliola, to approve the minutes of the regular. meeting of May 14, 2013.
The vote was 4 -0 -1 with Councilmembers Fowler, Scagliola, Antuna, and Yerinder voting
yes, and no one voting no, and Mayor Pro -Tem Edwards abstaining. Motion Carried.
2. Resolution No. 13 -11-40 - Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas authorizing Legal Counsel to proceed on behalf of the
City of Schertz in opposing the permit application filed by Post Oak Clean Green, Inc., for a
landfill, and other matters in connection therewith. (J. Bierschwale/K. Tapley)
The following caption was read into record:
RESOLUTION NO. 13 -R -40
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING LEGAL COUNSEL TO PROCEED ON BEHALF OF THE CITY
OF SCHERTZ, TEXAS IN OPPOSING THE PERMIT APPLICATION FILED BY
POST OAK CLEAN GREEN, INC. IN CONNECTION WITH A PROPOSED
LANDFILL, AND OTHER MATTERS IN CONNECTION THEREWITH.
Mayor Carpenter introduced this item stating that this particular landfill if approved is going
to be placed in close proximity to our water source here in Schertz. He stated it is incumbent
upon us and everyone in Guadalupe County to oppose this particular landfill.
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Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by
Councilmember Scagliola, to approve Resolution 13 -R -40. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmemhers Fowler, Scagliola, Antuna and Verinder voting
yes, and no one voting no. Motion Carried.
Mayor Carpenter recognized Councilmember Antuna who asked what the estimated cost
would be for representation. Executive Director of Operations John Bie'rschwale stated that
the Schertz - Seguin Local Government Corporation has budgeted approximately $50,000 for
this year and $50,000 for the following year. Mr. Bierschwale stated that this is a two (2)
year contested court case. Mr. Bierschwale stated that they will keep Council advised as it
goes through the process.
3. Resolution No. 13 -R -39 — Discussion
Resolution authorizing a Parks, Recreatio n
Rights and Endorsement Policy and other
Logan)
The following caption was read into record:
and consideration and/or action approving a
and Community Services Department Naming
matters in connection therewith. (B. James /G.
RESOLUTION NO. 13 -R -39
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT NAMING RIGHTS AND ENDORSEMENT POLICY AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Parks Manager Chuck Van Zandt who stated the City's Parks,
Recreation, and Community Services Department have developed a Parks, Recreation, and
Community Services Department Naming Rights and Endorsement Policy. This policy was
developed after the Department was approached by a local corporation that wanted to
provide development fimding for several City of Schertz Parks, Recreation, and Community
Services Department facilities. Mr. Van Zandt stated that the Parks and Recreation Board
unanimously approved this policy.
The policy identifies several categories that would qualify for naming rights and
endorsements by the City Council of the City of Schertz:
Category 1. Parks and Recreation facilities /property includes real estate, buildings,
park roads, whole parks;
Category 2. Memorials /physical items includes gardens, monuments, memorials,
rooms, furniture or collections as well as smaller items such as trees, benches, paving
stones at specific sites, or individual items within larger collections;
Category 3. Branding and Special Programs /Activities includes sponsorships of time -
specific activities or endowments for on -going projects or initiatives. Examples
might include, but are not limited to: youth sports team uniforms, booths at city wide
events, an exhibition booth display, sponsorship of an annual golf benefit tournament,
etc.
i
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This policy provides for the development of community facilities with local benefactors and
corporation assistance. The policy is designed to provide funding assistance for local park,
recreation, and community facilities throughout the City of Schertz.
This action will approve the acceptance of individual, organizational, and corporate
funding donations for existing and future Park, Recreation, and Community Services
facilities. Staff recommends approval.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who wanted to make sure it was not a
problem having capital improvements being done by a corporation or private entity. He
wanted to make sure there was not a problem with the municipal finance rules. Executive
Director of Development Brian James stated that each situation would be dealt with on a case
by case basis in terms of what level of funding and how the funding was provided so we do
not run foul of any state, federal or local regulations. He stated it could be contributions to
the capital costs, it could be just a dedication of funds to go to operations, it could be any
number of things, and that part would be dealt with on a case by case basis. He stated that
when these are brought to Council staff would walk them through the process.
Mayor Pro -Tem Edwards expressed his concern about what organizations are given naming
rights. He wanted to know if Council would set the duration or would staff set them on the
smaller groups as stated in categories 2 & 3. Mr. James stated that categories 2 and 3 are
really endorsements or brandings, he would anticipate in saying the branding of special
programs and activities would be for the year it would occur. Mr. James gave examples of
title sponsors and how they would work. Mr. James stated that if they funded the event for
that year they would get it only that year, should they come back the next year and wanted to
Rind it again, then staff would work with them on that year. This would be on an event by
event basis. He stated the category 2 items are smaller things, such as names on benches in a
dog park. He stated that staff would proceed conservatively, but if in doubt about the
appropriateness of an endorsement, staff would err on the side of caution.
Mayor Pro -Tem Edwards asked should one of the main sponsors go out of business, what
would be the policy regulating these types of issues. Mr. James stated that this was a good
point and he would have staff go back and look into this. Mr. James stated that regarding the
big naming rights agreements, the agreement needs to have a provision that specifies what
happens in the event of some instances, and detail the events. Mr. James suggested Council
suspend consideration at this time until staff can come back with the information and
incorporate it into the policy. Mr. James verified Councilmember Verinder's question that
the policy applies to individual benefactors and corporations. Councilmember Scagliola
stated his concern regarding adult oriented businesses wanting to provide fiords to an event or
sponsorships. Mr. James stated that the Director of Parks and Recreation as well as the Parks
Advisory Board would handle these types of cases with caution, utilizing our goals and
objectives of the City. He stated that if in doubt the request would be presented to Council
for consideration.
Mayor Carpenter stated that he would like to leave this item open and apologized that he had passed
over the Hearing of Residents portion of the agenda, as it was not on his Executive Summary
provided. Mayor moved to the Hearing of Residents.
Hearing of Residents
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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:
Ms. Melinda Steadman, 3133 Muntjac, who spoke regarding the Nuisance Ordinance, Code
Section 54 -22, Exterior property areas; nuisance upon premise — (3) Any sign, notice, pole,
post, basketball goal, and any other obstruction placed or painted upon any sidewalk, street
or in any public right-of-way within the corporate limits of the City.
Ms. Steadman provided Council with information regarding a recent incident with her
basketball goal being in the street and being cited.
She stated that after reading the code it's not about safety, it's about property values and
cited specific sections of the code. She believes that a kid playing basketball in the street or
on the sidewalk should not be in this code, and that when the code was written she was sure
that it was not meant for kids to receive tickets for playing basketball in the street, it was
meant to keep our property values up.
She asked the Council to revisit Code specifically the issue of being able to place a basketball
goal on the sidewalk and in the street temporarily for the children to play.
Mayor Carpenter requested staff to place this issue on an upcoming agenda to discuss.
Mayor Carpenter further stated that there are times they approve items with unintended
consequences and the joyous thing about being on Council is that if they take a second look
at something and find that it is wrong they can change it.
e Ms. Maggie Titterington, Schertz Chamber of Commerce, provided information on
upcoming events. Some of the information mentioned:
- Thanking Council and staff for attending the Chamber luncheon today, the
information provided by TxDOT was encouraging that both turn - arounds on FM
3009 would be functional soon.
Tuesdays & Thursdays — Get Fit with SCOC — Pickrell Park 5:30 p.m. to 6:30
p.m.
- May 22, 2013, Biz Ed Class — hosted by Broadway Bank 7:30 a.m. to 9 a.m.
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May 22, 2013, After Hours Mixer — hosted by REMAX 5:30 p.m. to 7:00 p.m.
May 27, 2013 — Chamber Offices will be closed
- May 27, 2013 City of Cibolo Veterans Memorial Park, Memorial Day Ceremony
10:30 a.m. to 12 noon. _
Toastmasters is now every Monday Night. 6:45 p.m. at Comfort hm & Suites
June 6, 2013 Small Business Forum
June 12, 2013 — Ambassador Mixer Committee Drive 5:30 p.m. to 7:00 p.m.
She stated that she would not be at the next meeting because she will be a grandmother
and will be out of town.
Mayor Carpenter moved back to item 3.
3. Resolution No. 13 -R -39 — Discussion and consideration and/or action approving a
Resolution authorizing a Parks, Recreation and Community Services Department Naming
Rights and Endorsement Policy and other matters in connection therewith. (B. James /G.
Logan)
Council continued their dialog with staff to enhance the policy. Council concurred to take no
action allowing staff to come back at a later date with the suggested changes to the policy.
No action taken.
4. Resolution No. 13 -R -37 - Consideration and/or action approving a Resolution authorizing
one (1) permanent water easement agreement with the City of San Antonio for the use,
benefit, and control of the San Antonio Water System Board of Trustees, and other matters in
connection therewith. (J. Bierschwale /S. Willoughby)
The following caption was read into record:
RESOLUTION NO. 13 -R -37
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING ONE (1) PERMANENT WATER EASEMENT AGREEMENT
WITH THE CITY OF SAN ANTONIO FOR THE USE, BENEFIT, AND CONTROL
OF THE SAN ANTONIO WATER SYSTEM BOARD OF TRUSTEES, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Public Works Director Sam Willoughby who stated that action
requested of Council is to approve one (1) additional permanent water line easement related to
those easements approved in 2012. This easement was missed in the first set of agreements
approved in 2012. This easement will connect to a new water tank facility and will
accommodate new water lines and other related facilities. The City sold the property for the
new water tank facility to SAWS in October 2011. Fiscal impact is $350. Staff recommends
approval.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by
Councilmember Fowler, to approve Resolution 13 -R -37. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Fowler, Scagliola, Antuna and Verinder voting
yes, and no one voting no. Motion Carried.
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5. Legislative Updates - Presentation/discussion regarding Legislative updates (D, Harris/D.
Harris)
Mayor Carpenter recognized Executive Director of Support David Harris who provided
information provided by the Texas Municipal League regarding the legislative session
highlighting several themes. Mr. Harris highlighted several House and Senate bills, some of
which included the following themes:
• Issues relating to fire arms.
• Transparency issues — having to do with fiscal transparency — requiring the Comptroller
to provide a web page providing tax and debt information for subdivisions that levy an ad
valorem tax.
• Public Information Act — having to do with emails being sent from personal email
accounts if related to City they would be defined as a government record.
• Law enforcement drones — it would make it an offense for a person using an unmanned
vehicle or unmanned aircraft to capture or use videos taken by the vehicle.
• Exemptions of state and local sales tax.
• Expansion of the boundaries of the Cibolo Creek Municipal Authority.
• Subdivision regulations, requiring infrastructure standards relating to ingress and egress
for access by emergency vehicles for use during evacuations.
• Governmental bodies located in three or more counties, allowing for meetings by
teleconference.
Mayor and Council thanked Mr. Harris for keeping them updated on the issues. Mr. Harris
encouraged Mayor and Council to find a local representative and build relationships over the
next year as it helps the City during the legislative time. Get more involved in the region
utilizing organizations like AACOG.
Mayor Carpenter stated that last Thursday evening the Northeast Partnership had for the first
time a meeting outside their normal monthly meetings which included the nine (9) area Mayors
which had the same conversation which Mr. Harris had suggested. Mayor Carpenter stated as
a result of this meeting it will become a habit of meeting on the first Thursday evenings of
every month to reach out to the State Senators, State Representatives, County Governments,
and the School Boards to start relationships with them as a body of nine (9) cities that represent
the Northeast Partnership.
Mayor Carpenter stated that on June 20, 2013, the majority of the Mayor's and the County of
Guadalupe will be getting together with Guadalupe County Judge Larry Jones and meeting for
the same purpose. This will be two (2) entities to draw upon for contact in the next session.
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Mayor Carpenter recognized City Manager John Kessel who also thanked Mr. Harris for
sending the updates out, stating it is extremely helpful for staff to have him keep track of them
to be for efficient and effective. He also concurs to get more involved regionally on issues that
affect the City and the surrounding area.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for the workshop
item and the regular agenda items through 4.
Requests and Announcements
G. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements provider
7. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items further other than revisiting the Nuisance Ordinance.
8. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No information requester
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 Carpenter recognized Mayor Pro -Tern Edwards who stated he was glad to be back
and thanked everyone for the phone calls and prayers. Mayor Pro -Tern Edwards thanked
EMS Director Dudley Wait and his crew.
Mayor Carpenter recognized Councilmember Fowler who stated he attended the following:
• Sunday, May 19, 2013, EMS Golf Tournament
• Tuesday, May 21, 2013, Schertz Chamber of Commerce meeting
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Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following:
• Wednesday, May 15, 2013, Animal Control Board meeting
!_ ._._Friday,_May 17,_2013,_Interview Conu ittee_Volunteer ntenvie_ws _
• Tuesday, May 21, 2013, Schertz Chamber of Commerce meeting
Mayor Carpenter recognized Councilmember Antuna who stated he attended the following:
• Monday, May 20, 2013, MPO Policy Board meeting
• Tuesday, May 21, 2013, Guadalupe County Commissioners Court
Mayor Carpenter recognized Councilmember Verinder who called upon on all citizens to
keep those affected in Moore Oklahoma in their thoughts and prayers.
Councilmember Verinder stated he attended the following:
• Wednesday, May 15, 2013, Police Memorial Ceremony
• Friday, May 17, 2013, TML Legislative status webinar
• Tuesday, May 21, 2013, Schertz Chamber of Commerce meeting
Mayor Carpenter stated he attended the following:
• Thursday, May 16, 2013, meeting with the area Mayors of the Northeast Partnership
• Saturday, May 18, 2013, Graduation Ceremony of the inaugural class at John Paul II
Catholic High School
• Sunday, May 19, 2013, EMS Golf Tournament
Upcoming Events:
Saturday, June S, 2013, at the air conditioning units will be placed by helicopter on the
Amazon facility.
Thursday, June 20, 2013, the Mayors around Guadalupe County will meet in Cibolo with
the County Judge to discuss forming a group to get more involved in the state and
regional government.
Executive Session
Mayor Carpenter recessed the regular meeting into executive session at 7.41 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;
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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 8:00 p.m.
Reconvene into Regular Session
10. Take any action deemed necessary as a result of the Executive Session.
No action taken as Council did not meet.
Adiournment
As there was no further business, the meeting was adjourned at 8.-01 p. 7
T: Mayor, Michael R. Carpenter
City Secretary, Brenda Dennis {
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