05-28-2013 MinutesMINUTES
REGULAR MEETING
May 2S, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on-May 28,
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 Jim Fowler
Councilmember George Antuna
Mayor Pro-Ten Cedric Edwards
Councilmember David Scagliola
Councilmember Sydney Verinder
Staff Present:
Executive Director John Bierschwale
Executive Director Bxian James
City Attorney Samantha Dyal
CALL TO ORDER:
City Manager John C. Kessel
Executive Director David Harris
Chief of Staff Bab Cantu
City Secretary Brenda Demos
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 Greg Ligon with Journey Fellowship Church gave the invocation followed by the Pledges of
Allegiance to the Flags of the United States and the State of Texas.
Mayor Carpenter led a moment of silence in memory of this weekend's loss of Avron Adams,
former student of Samuel Clemens High School.
City Events and Announcements
• Announcements of upcoming City Events {D. Harris/J. BierschwalelB. James)
Mayor Carpenter recognized Executive Director David Harris who announced the following
upcoming events:
• Wednesday, May 29, 2013 - Helping a Hero Program Dedication - 1:00 p.m. - 2909
Mistywood Lane.
• Saturday, June 15, 2013 -Schertz Community wide rummage sale, bake sale and raffle
auction benefiting the families in Moore Oklahoma - 8:30 a.m. Civic Center.
• Saturday, June 15, 2013 -rescheduled date for the Doggie Dash, Pickrell Park at 11:00 a.m.
Mr. Harris stated that Schertz-Seguin Local Government Corporation {SSLGC) recently received
a $400,000 grant for a motorized vehicle trail system in Gonzales County.
• Announcements and recognitions by City Manager {J. Kessel)
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Mayor Carpenter recognized City Manager John Kessel who gave special appreciation to all the
first responders who assisted in the search for Avron Adams an Saturday and Sunday. Mr.
Kessel recognized EMS, Fire, Police, Parks, Public Works az~d a number of outside agencies. He
stated Chief Covington ran the incident command, along with Battalion Chief Timke, Chief
Harris coordinated with the family, and David Harris handled the press, along with Corporal
Patrick. He stated there were Fire Departments, Police Departments, EMS and support from
Universal City, Selma, STRAC, and DPS {via helicopter). He stated he knows he is leaving out
many, many others, but he did want to specifically say these folks did their jobs exceptionally
well.
Hearing of Residents:
This time is set aside for any person who wishes to address the City Council. Each person should fall
out the speaker's register prior to the meeting. Presentations should be limited to no more than 3
minutes. -
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person making personal, impef•tinent, or slanderous remarks while addressing the Council may
be requested to Leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak
in the order they have registered.
Mayor Carpenter recognized the following who spoke:
• Ms. April Miller, 1196 FM 7$, who provided information on upcoming events at
Kung Jung Mu Sul of Schertz, inviting members of Council to attend.
Consent A enda 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 recognized Councilmember Fowler who requested that items 2 and 3 be removed
from the consent agenda for individual action.
1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of May 21, 2013. {J. Kessel/B. Dennis)
Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro-
Tem Edwards, to approve the minutes of the May 21, 2013 regular meeting. The vote was
unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna,
and Yerinder voting yes, and no one voting no. Motion Carried.
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2. Resolution No. 13-R-42 -Consideration and/or action approving a Resolution authorizing
the acceptance of a Permanent Drainage Easement in the Arroyo Verde Subdivision. and
authorizing a Drainage Easement Agreement with the Arroyo Verde Homeowner's
Association, Tnc., and other matters in connection therewith. (J.Bierschwale/S. Willoughby/J.
Hooks)
The following caption was read into record:
RESOLUTION NO. 13-R-42
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE ACCEPTANCE OF A PERMANENT DRAINAGE
EASEMENT IN THE ARROYO VERDE SUBDIVISION AND AUTHORIZING A
DRAINAGE EASEMENT AGREEMENT WITH THE ARROYO VERDE
HOMEOWNER ASSOCIATION, INC. AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Public Works Director Sam Willoughby who introduced this
item stating that the East Dietz Creek runs through the Arroyo Verde subdivision within a
drainage easement and the 100 year FEMA floodplain. The developer elected to leave this
area in a natural state and dedicated it to the Homeowner's Association fox maintenance. The
City no longer allows these types of areas to be left natural and privately owned. The
unimproved channel is eroding due to high velocities upstream of the bridge and slower
flows downstream of the bridge are causing silt build-up. This area needs to be improved by
widening the channel and removing the build-up of silt and installing erosion control matting
to protect the channel from fiuther erosion. This erosion will eventually cause damage to the
bridge and could result in damage of property from flood waters.
Action requested of Council is to enter into an agreement with the Arroyo Verde HOA for a
Permanent Drainage Easement allowing for the improvements and proper maintenance of the
channel in the existing easement. This will provide for the health, safety, and welfare of the
residents of the Arroyo Verde community and ensure that the section of the E. Dietz creek
channel that runs through the subdivision is maintained efficiently to protect life and property
from the risk of flood damage. Mr. Willoughby stated that the Arroyo Verde HOA provided
the City with b0 percent signatures approving this agreement and recommends approval.
Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by
Councilmember Fowler, to approve Resolution No. 13-R-42. The vote was unanimou, with
Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna, and Yerinder
voting yes, and no one voting no. Motion Carrieri:
3. Resolution No. 13-R-43 -Consideration and/or action approving a Resolution authorizing
the acceptance of one {1} Permanent Waterline Easement and one (1) Temporary
Construction Easement in the Arroyo Verde Subdivision and authorizing a Waterline
Easement and Temporary Construction Easement Agreement with Arroyo Verde
Homeowner's Association, Inc., and other matters in connection therewith. {J.
Bierschwale/S. WilloughbylJ. Hooks)
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The following caption was read into retard:
RESOLUTION NO. 13-R-43
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE ACCEPTANCE OF ONE {1) PERMANENT WATERLINE
EASEMENT AND ONE (1) TEMPORARY CONSTRUCTION EASEMENT 1N THE
ARROYO VERDE SUBDIVISION AND AUTHORIZING A WATERLINE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
WITH THE ARROYO VERDE HOMEOWNER'S ASSOCIATION, INC. AND
OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by
Councilmember Verinder, to approve Resolution No. 13-R-43. The vote was unanimous
with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna, and Yerinder
voting yes, and no one voting no. Motion Carried.
Discussion and Action Items
4. Appointments/ Reappointments and Resignations to City Boards, Commissions and
Committees -Consideration and/or action regarding appointments/reappointments and
resignations to City Boards, Commissions, and Committees. {B. DennislB. Dennis}
Mayor Carpenter recognzed City Secretary Brenda Dennis who introduced this item stating
that the Interview Committee met on May 17, 2013 to consider appointment and
reappointments to the various Boards, Commission, and Committees. Based on the
recommendation of the Interview Committee action requested of Council is to reappoint and
appoint members to the various Boards, Commission and Committees. Staff recommends
the reappointments as follows:
• Board of Adjustment
o Frank McElroy
o Christopher Montgomery
o Mark Tew
• Economic Development Corporation
o Tim Brown
o Angelina Kiser
o Roy Richard
• Historical Preservation Committee
o David Roman
o Barbara Hall
o Cynthia Palmer
o Pete Perez
o Diana Webb
o James Webb
• Library Advisory Board
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o Juan Thorn
o Laura Wilson
o Ruth Tienor
o Patty Lovelady
o Mazgazet Riley
o Mazy McAllister
o Patti Dilworth
• Parks and Recreation Advisory Board
o Mustapha Debboun
o Mark Davis
o Floy Siriimons
o Harriett Higgs
o Terry Armstrong
o Johnie McDow
• Plaru~ing and Zoning Commission
o David Richmond
o Christian Glombik
o Richard Braud
• Traffic Safety Advisory Commission
o Stephen Bish
o Bill Bowers
Ms. Dennis stated that the following boards have vacancies:
Planning & Zoning Commission (P&Z) - 2 Alternate Positions
Transportation Safety Advisory Commission (TSAC) - 1 Regular Position and 2 Alternate
Positions
The board agreed to recommend to Council the following actions regarding the appointment
of individuals to vazious boards and/or commissions with a term expiration date of May
2015, as of vacancies that exist on Planning & Zoning and Transportation Safety Advisory
Commission:
• Planning & Zoning
o Yolanda Suarez, Alternate #1 Term to expire May 2015
o William Rumfelt, Alternate #2 Term to expire May 2014
• Traffic Safety Advisory Commission
o Max Hernandez -Regular Member Term to expire May 2015
o Eric Haugen, -Regular Member, Team to expire May 2015
o John Cook, Alternate #1, Tenn to expire May 2015
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Mayor Carpenter stated that for all who are here this evening and have volunteered to serve
for the first time or have volunteered to serve again, this City and this Council is indebted to
you for volunteering. Council does not have all the answers, and the service that is rendered
by the various boards, committees, and commissions is invaluable. Mayor and Council
applauded the volunteers,
Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by
Councihnember Antuna, to approve the appointments and reappointments as recommended
by the Interview Committee, and read by the City Secretary. The vote was unanimous with
Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna, and Yerinder
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 the workshop
item and regular agenda items 1 through 4.
Re uests and Announcements
5. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements provided.
6. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayox Carpenter recognized Mayor Pro-Tem Edwards who stated that with the recent events
he requested an item be placed on a future agenda to discuss drainage issues around the City.
Mayor Carpenter, Counciltnembers Fowler and Antuna concurred. Council concurred that
we need to have a collective voice utilizing the members of the Northeast Partnership, the
collection of cities in Guadalupe County in an effort in petitioning the Army Corps of
Engineers, the State and Federal Government for assistance. Mayor Carper#er stated that
when we speak with a collective voice we get more attention at the Federal and State level.
7. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Na information requested.
S. 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 ~
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• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Carpenter recognized Mayor Pro-Tem Edwards who stated he attended the following:
Thursday, May 16, 2013, attended a meeting in Cibolo and discussed the Andre
Booker Foundation. Mayor Pro-Tem Edwards stated that Andre was a student at
Clemens High School that went on to play at Texas State and the University of
Houston. He stated this young man was an all-state running back. The foundation is
to remember and reflect on our youth.
Monday, May 27, 2013, attended his son's Basketball Tournament in Dallas. They
came in 2°d place out of 500 teams.
Mayor Carpenter recognized Councilmember Fowler who stated he received a phone call on
Monday regarding the flags being moved down to half staff in the morning and then in the
afternoon the flags were raised, the caller wanted to know why. He stated that he had
checked into this and that protocol was that the flags were to be flown at half staff in the
morning anal then Iater raised to full staff.
Mayor Carpenter recognized Councilmember Scagliola who stated he attended the following
events:
• Wednesday, May 22, 2013 - Schertz Chamber After Hours Mixer - RE/MAX in
Selma.
• Thursday, May 23, 2013 -Cibolo Valley Local Government Corporation Workshop.
• Sunday, May 26, 2013 -EMS Week 2013 Banquet Awards and Casino Night.
• Monday, May 27; 2013 - City of Cibolo Memorial Day Event.
Mayor Carpenter recognized Councilmember Antuna who stated as he mentioned earlier he
is concerned with the flooding this past weekend and wants the City to work with
surrounding cities to voice concerns. He is looking forward;to a constructive dialog with all
agencies. Councilmember Antuna also thanked all the first responders.
Councilmember Antuna in recognition of Memorial Day thanked all those who serve and
who have served.
Mayor Carpenter recognized Councilmember Verinder who stated he attended the following
events:
Thursday, May 23, 2013 -Cibolo Valley Local Government Corporation Workshop.
Monday, May 27, 2013 -spent the day with his daughter and son-in-law who are
active duty military stationed at Fort Sam Houston. He thanked all those serving and
who have served and sacrificed their time.
Mayor Carpenter stated he was on-site Saturday during the search and rescue efforts and that
every member of staff and all. outside agencies did an outstanding job in a difficult
circumstance. Mayor Carpenter thanked everyone.
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Mayor Carpenter stated he attended on Saturday the 108`h Anniversary Mass of Saint
Joseph's Chapel off of FM 482. This is a historic site that was designated; the Chapel was
built by German settlers in 1905.
Mayor Carpenter stated that he has received a few emails and wanted to assure everyone that
having come from Memphis, Tennessee; he is not a Memphis Grizzlies fan, never has been
or will. Mayor Carpenter stated he is a Spurs fan and was thrilled they swept the Grizzlies.
Lastly, Mayor Carpenter stated that he will not be in attendance at the next Council meeting
due to attending his son's confirmation.
Executive Session
Council did not meet.
Reconvene into Re lar Session
9. Take any action deemed necessary as a result of the Executive Session.
No action taken as Council did not meet.
Adioarnment
GIs there tivas no further business, the meeting was adjourned at 6r3'~m.
Mayor, Michael R. Carpenter
ATTEST:
ity Secretary, Brenda Dennis
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