11-12-2013 MinutesMINUTES
REGULAR MEETING
November 12, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 12, 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 Carpenter
Councilmember David Scagliola
Councilmember Sydney Verinder
Staff Present:
Executive Director John Bierschwale
Executive Director Brian James
City Secretary Brenda Dennis
Councilmember Cedric Edwards was absent.
CALL TO ORDER:
Mayor Pro -Tem Jim Fowler
Councilmember George Antuna
City Manager John Kessel
Executive Director David Harris
City Attorney Katherine Tapley
Deputy City Secretary Donna Schmoekel
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.
Brother Butch Ikels from the Country Church, Marion, TX, provided 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 of Support David Harris who provided the
following announcements and upcoming events:
- Thursday, November 14, 2013 — Community Volunteer Banquet & Steve
Simonson Award — 6:30 p.m. Schertz Civic Center
- Thursday, November 14, 2013 — Northeast partnership Meeting — 11:30 a.m.
Olympia Hills Golf and Conference Center
- Friday, November 15, 2013 — Chamber of Commerce Business Appreciation
Banquet — 6:00 p.m. Schertz Civic Center
- Monday, November 18, 2013 — Will be the next regular scheduled Council
meeting which will accommodate the legal requirement of conducting the
canvassing of the election results.
- Friday, November 22, 2013 — Guadalupe County Master Gardner's
Appreciation Day Celebration — County Annex, 1101 Elbel Road behind the
building at 11:00 a.m.
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Friday, December 6, 2013 — Festival of Angels — 6:00 to 10:00 p.m. — Hal
Baldwin Municipal Complex. Lighted Night Parade begins at 6:30 p.m, from
Pickrell Park. Musical entertainment provided.
• Announcements and recognitions by City Manager (J. Kessel)
No announcements at this time.
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.
No one spoke.
Executive Session
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation; and Consultations with the City Attorney regarding advice on legal
matters;
Mayor Carpenter recessed the regular meeting into executive session at 6.06 p.m.
Reconvene into Regular Session
Mayor Carpenter reconvened the meeting at 6:55 p.m. and moved back to the regular agenda.
Mayor Carpenter recognized Mayor Pro -Tem Fowler who requested that Item 2 be removed for
separate action.
Consent Agenda Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
meeting of November 5, 2013. (J. Kessel/B. Dennis)
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3. Resolution No. 13 -R -91 — Consideration and/or action approving a Resolution authorizing a
Memorandum of Understanding with the City of Cibolo regarding the construction and
financial responsibilities of the Southern Schertz Wastewater Reclamation Plant, and others
matters in connection therewith. (J. Bierschwale /J. Bierschwale)
The following was read into record:
RESOLUTION NO. 13 -R -91
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF
CIBOLO REGARDING THE CONSTRUCITON AND FINANCIAL
RESPONSIBILITIES OF THE SOUTHERN SCHERTZ WASTEWATER
RECLAMATION PLANT, AND OTHER MATTERS IN CONNECTION
THEREWITH
4. Resolution No. 13 -R -94 — Consideration and/or action approving a Resolution authorizing a
modification to the existing construction contract with D. Wilson Construction Company,
Inc. for the construction of three baseball fields, an equipment storage building and
associated support systems and other matters in connection therewith. (B. James/P.
Gaudreau)
The following was read into record:
RESOLUTION NO. 13 -R -94
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A MODIFICATION TO THE EXISTING CONSTRUCTION
CONTRACT FOR THE CONSTRUCTION OF THREE BASEBALL FIELDS, AN
EQUIPMENT STORAGE BUILDING AND ASSOCIATED SUPPORT SYSTEMS
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Mayor Pro -Tern Fowler who moved, seconded by
Councilmember Scagliola, to approve consent agenda items 1, 3 and 4. The vote was
unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, Antuna, and
Yerinder voting yes and no one voting no. Councilmember Edwards was absent. Motion
Carried.
Discussion and Action Items
2. Resolution No. 13 -R -90 — Consideration and/or action approving a Resolution authorizing
the execution of a Master Lease purchase Agreement between the City of Schertz, Texas and
U.S. Bank Equipment Finance, a Division of U.S. Bank National Association for the
purchase of various equipment items and to pay the costs of financing; authorizing certain
City Officials and City Staff to execute documents to effectuate each installment delivery of
the equipment; and enacting other provisions incident and related to the subject and purpose
of this Resolution. (J. Bierschwale/D. Wait)
The following was read into record:
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RESOLUTION NO. 13-R-90
A RESOLUTION AUTHORIZING THE EXECUTION OF A MASTER LEASE
PURCHASE AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND
U.S. BANK EQUIPMENT FINANCE, A DIVISION OF U.S. BANK NATIONAL
ASSOCIATION FOR THE PURCHASE OF VARIOUS EQUIPMENT ITEMS AND
TO PAY THE COSTS OF FINANCING; AUTHORIZING CERTAIN CITY
OFFICIALS AND CITY STAFF TO EXECUTE DOCUMENTS TO EFFECTUATE
EACH INSTALLMENT DELIVERY OF THE EQUIPMENT; AND ENACTING
OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND
PURPOSE OF THIS RESOLUTION
Mayor Carpenter recognized EMS Director Dudley Wait who introduced this item answering
questions from Council. Mr. Wait stated that our current devices, the LifePak 12, have been in
service for over eleven years and have performed flawlessly. Unfortunately, these devices
have exceeded their life span of ten years and due to technology changes and medical
advancements; they will no longer be supported by Physio Control within the next eighteen
months. The most up -to -date device is now the LifePak 15.
Physio Control has provided a quote that includes the opportunity to lease /purchase these
units. This lease agreement has a finance rate of 0% and will last sixty months. Although
the life span of these new monitors will be ten years, this lease will allow us to re- evaluate
where technology and patient care is in five years at the expiration of the lease and then to
make a decision to keep them for five additional years or make a decision to replace them at
the conclusion of the lease.
This plan covers on -site maintenance and repair, an annual service call to re- calibrate and test
each device and replacement batteries as needed. By purchasing five years of this plan at the
time of service, we get the annual inspection service call during year one where each device
is covered by warranty and then five full years of the plan after the warranty expires. By
purchasing the entire plan up front, we save $150 per year per device and are insulated from
any price increases in service plans throughout the first six years of the monitor's life.
Mr. Wait stated the annual fiscal impact for each lease year will be $69,540.84. At the end of
the five year lease, the City can purchase the devices for $1. The amount for FY 2014 will be
$69,890.84 due to a $350 closing fee cost on the lease. The FY 2014 EMS Budget includes a
budgeted amount of $70,000 for this first year. In addition, the lease documents provide an
out clause that terminates the lease if these funds are not appropriated at any time in the
future for the life of the lease. Staff recommends approval.
Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro -
Tem Fowler, to approve Resolution No. 13 -R -90. The vote was unanimous with Mayor Pro -
Tem. Fowler, Councilmembers Scagliola, Antuna, and Verinder voting yes and no one
voting no. Councilmember Edwards was absent. Motion Carried.
5. Appointments/Reappointments and Resignations to City Boards, Commissions,
Committees — Consideration and/or action regarding appointments /reappointments and
resignations to City Boards, Commissions, and Committees. (J. Kessel/B. Dennis)
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• Appointment of Ms. Janice Manzo — Alternate No. 2 to Library Board
Mayor Carpenter stated the Library Board currently has one Alternate Member vacancy.
Mayor Carpenter recognized Ms. Janice Munzo who came forward introducing herself
expressing her desire to serve on the board.
Mayor Carpenter recognized Mayor Pro -Tern Fowler who moved, seconded by
Councilmember Antuna, to appoint Ms. Janice Munzo as Alternate Member No. 2 to the
Library Board. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers
Scagliola, Antuna, and Verinder voting yes and no one voting no. Councilmember
Edwards was absent. Motion Carried.
6. November 18, 2013 City Council Meeting — Consideration and/or action moving the
Regular City Council meeting of November 19, 2013, to Monday, November 18, 2013.
(Mayor & Council)
Mayor Carpenter stated that as required by State Law the last day to canvass the results of the
November 5, 2013 election is November 18, 2013. He stated the City Council's next regular
meeting is scheduled for November 19, 2013. The City must canvass the November 5, 2013
election results no later than November 18, 2013, which is on a Monday. It is recommended
scheduling the next City Council meeting on Monday, November 18, 2013 to accommodate
the canvassing requirement and hold its regular meeting at that time. Mayor Carpenter
recognized Councilmember Scagliola who requested that the meeting start at 7:00 p.m. which
would allow him to be present. Council concurred.
Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by
Councilmember Verinder, to cancel the Tuesday, November 19, 2013 City Council meeting
and move it to Monday, November 18, 2013 at 7:00 p.m.. The vote was unanimous with
Mayor Pro -Tem Fowler, Councilmembers Scagliola, Antuna, and Verinder voting yes and
no one voting no. Councilmember Edwards was absent. Motion Carried.
7. Resolution No. 13 -R -95 — Consideration and/or action approving a Resolution authorizing a
contract with San Antonio Constructors, Ltd. relating to the Northcliffe Subdivision
waterline upgrade and relocation project and authorizing the budget expenditures for the
project and other matters in connection therewith. (J. Bierschwale /S. Willoughby)
RESOLUTION NO. 13 -11-95
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A CONTRACT WITH SAN ANTONIO CONSTRUCTORS, LTD.
RELATING TO THE NORTHCLIFFE SUBDIVISION WATERLINE UPGRADE
AND RELOCATION PROJECT AND AUTHORIZING THE BUDGET
EXPENDITURES FOR THE PROJECT AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Engineer -hi- Training Larry Busch who introduced this item
answering questions from Council. Mr. Busch stated the existing asbestos cement water
mains in the Northcliffe Subdivision are experiencing a large number of breaks due to the
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ground shifting causing interruption of service to the residents in this area. The impact to the
City includes crew resources and overtime costs, damaged streets, sidewalks, and driveway
aprons and loss of purchased water.
Replacement of these sections of waterline is high priority based on the frequency of
waterline breaks and the impact on area residents from interrupted water service. Ten (10)
bids were received on this project on October 24, 2013 and after reviewing all bids, San
Antonio Constructors, LTD was the low bidder with a bid of $623,526.75.
The goal is to award a bid to San Antonio Constructors, LTD to relocate multiple sections of
waterlines to upgrade the existing line and alleviate the issues associated with the frequency
of waterline breaks. When completed, water mains and water meters will be replaced and
upgraded on the following streets as outlined in Exhibit B: Crestwood Dr., Tiffany Ln.,
Brookhead Ln., Northern Heights Dr., Meadowhead Dr., Castle Hills Dr., Sherwin Dr., and
Angels Dr. Upgrade of waterlines in the area avoids interrupted water service caused by
main breaks.
Staff recommends Council approve Resolution 13 -R -95 and award the bid for the Northcliffe
Waterline Relocation and Upgrade Project to San Antonio Constructors, LTD, for the base
bid of $623,526.75 with a not to exceed amount of $685,879. Project to be paid for from the
FY 2013 -14 Budget for the Northcliffe Waterline Relocation Project. The Public Works
Department budgeted $800,000 for this phase of the project. Staff recommends approval.
Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by
Councilmember Scagliola, to approve Resolution No. 13 -R -95. The vote was unanimous
with Mayor Pro -Tem Fowler, Councilmembers Scagliola, Antuna, and Verinder voting yes
and no one voting no. Councilmember Edwards was absent. Motion Carried
Executive Session
Called under:
Section 551.071 Texas Government Code Deliberation regarding litigation, pending or
contemplated litigation; and Consultations with the City Attorney regarding advice on legal
matters;
Section 551.074 Texas Government Code — Deliberation regarding personnel matters and the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City
Attorney.
Mayor Carpenter recessed the regular meeting into executive session at 7:11 p.m.
Reconvene into Regular Session
Mayor Carpenter reconvened the meeting at 7:50 p.m., and moved to Item 8.
8. Appointment of a City Attorney — Consideration, discussion, and/or action regarding
appointment of a City Attorney and Bond Counsel. (Council)
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• Norton Rose Fulbright
• Denton, Navarro, Rocha & Bernal
Mayor Carpenter recognized Councilmember Antuna who moved, seconded by
Councilmember Verinder to make Charles E. Zech our new City Attorney Effective January 7,
2014 and direct the City Manager to get a letter of engagement from Denton, Navarro, Rocha
& Bernal. The vote was unanimous with Mayor Pro -Tem Fowler, Councilmembers
Scagliola, Antuna, and Verinder voting yes and no one voting no. Councilmember Edwards
was absent. Motion Carried.
Mayor Carpenter recognized Councilmember Antuna who moved, seconded by
Councilmember Scagliola to direct the City Manager to get a letter of engagement from Norton
Rose Fulbright as our bond counsel on a as- directed bases. The vote was unanimous with
Mayor Pro -Tem Fowler, Councilmembers Scagliola, Antuna, and Verinder voting yes and
no one voting no. Councilmember Edwards was absent. Motion Carried.
Roll Call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of
items 1 through 8.
Requests and Announcements
9. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
Mayor Carpenter recognized City Manager John Kessel who again commended City
Secretary Brenda Dennis and Executive Director of Support David Harris on the tremendous
work they have been doing on the election process. He also wanted to include thanking City
Attorney Katherine Tapley for her contributions to the election issues at hand.
10. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
No items requested.
11. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No requests made.
12. 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 Fowler who stated he agreed with
Councilmember Antuna's comments regarding the long standing work in the past by
Norton Rose Fulbright Law Firm and especially City Attorney Katherine Tapley who has
done an outstanding job for the City. He wanted her to know that Economic
Development Director David Gwin very much appreciated her assistance to him in on
past projects. Councilmember Antuna welcomed Mr. Charles Zech of Denton, Navarro,
Rocha & Bernal, as the new City Attorney.
Mayor Carpenter recognized Councilmember Scagliola who stated he attended the
following:
Thursday, November 7, 2013 — Chamber Mixer — Interstate Battery —Selma at the
Forum, 5:30 p.m. -7:00 p.m.
Mayor Carpenter recognized Councilmember Antuna who welcomed incoming City
Attorney Charles Zech and also thanked outgoing City Attorney Katherine Tapley for her
past contributions to the City of Schertz.
Mayor Carpenter recognized Councilmember Verinder who also extended his appreciation
to Katherine Tapley of Norton Rose Fulbright regarding their services as the City Attorney
and welcomed Charles Zech of Denton, Navarro, Rocha & Bernal, as the new City
Attorney. Yesterday was Veterans Day and he hoped everyone observed activities around
the city or enjoyed private time as he did with two members of his own family who are
actively serving our country.
Mayor Carpenter also expressed appreciation to City Attorney Katherine Tapley for her
individual contributions and stated the things we have recently experienced regarding the
Comal county elections issues have been novel and he especially appreciated her help in
that area. He also welcomed incoming City Attorney Mr. Charles Zech.
13. Take any action deemed necessary as a result of the Executive Session.
No further action was taken.
Adjournment
As there was no further business,
the meeting was adjo7A -- , ihel R. Carpenter
i Secretary, Brenda Dennis
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