11-18-2013 MinutesMINUTES
REGULAR MEETING
. November 18, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
November 18, 2013, at 7:00 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 Cedric Edwards
Councilmember Daryl John (Incoming)
Staff Present:
Executive Director David Harris
City Attorney Katherine Tapley
City Secretary Brenda Dennis
CALL TO ORDER:
Mayor Pro -Tem Jim Fowler
Councilmember George Antuna (Outgoing)
Councilmember Sydney Verinder (Outgoing)
Councilmember Matthew Duke (Incoming)
City Manager John Kessel
Executive Director Brian James
Chief of Staff Bob Cantu
Deputy City Secretary Donna Schmoekel
Mayor Carpenter called the Regular Meeting to order at 7:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Mayor Pro -Tem Fowler provided the invocation followed by the Pledges of Allegiance to the Flags of the
United States and the State of Texas.
Mayor Carpenter recognized the following who were in the audience this evening:
• Guadalupe County Judge Larry Jones
• Guadalupe County Commissioner Pct. 3 Jim Wolverton
• Guadalupe County Constable Pct. 3 Michael Skrobarcek
• Selma Mayor Tom Daly
• Selma Councilmember Jose Silva
Mayor Carpenter also recognized Evan O'Berg, Troop 512. Evan O'Berg came forward stating he
was here this evening as it was a requirement for his Citizenship in the Community Merit Badge. He
also stated that he is working on his Eagle Scout.
Resolution No. 13 -R -99 — Consideration and/or action approving a resolution approving
the Canvass of the November 5, 2013 Returns and Declaring the Results of the Election;
and other matters in connection therewith (Mayor Carpenter/B. Dennis)
RESOLUTION NO. 13 -R -99
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, APPROVING THE CANVASS OF THE NOVEMBER 5, 2013
GENERAL ELECTION RESULTS.
Mayor Carpenter recognized City Secretary Brenda Dennis who introduced this item
stating the election results that she was about to provide were the certified results from
the Elections Administrators of the three counties in which Schertz is located: Bexar,
Guadalupe, and Comal. State law requires that the City canvass the results of the City's
elections by a specific date, and today is the last day to do so.
She stated we are canvassing the specific tabulations provided by each Elections
Administrator. By canvassing these results, the City Council is certifying that these
results are the results for purposes of canvassing the election that the City has received
from the elections administrators in the three counties that conducted the election for the
City. The combined vote totals included early voting, election day voting, and mail -in
ballots results.
The City charter requires that a candidate who received the most votes shall be declared
elected. Ms. Dennis provided the following information:
Bexar Bexar Comal Coma[ Guadalupe Guadalupe
County County County County County County Total
EV ED EV ED Ev ED Votes
Place 3
Daryl John 20 10 15 2 602 519 1168
Bert Crawford 15 14 17 3 563 431 1043
Place 4
Grumpy
Azzoz
11
12
20
2
602
470
1117
Cedric
Edwards
24
14
18
2
605
529
1192
Place 5
Matthew Duke
22
15
18
3
614
509
1181
Richard
Dziewit
11
9
15
1
512
420
968
TOTAL
103
74
103
13
3498
2878
6669
Ms. Dennis stated the total of votes cast during early voting was 3704 by personal
appearance, and 2965 votes were cast on Election Day. The total number of votes cast in
this election was 6669. Ms. Dennis stated the following:
Daryl John Is hereby declared elected to Office of Councilmember Place 3.
Cedric Edwards Is hereby declared elected to the Office of Councilmember Place 4.
Matthew Duke Is hereby declared elected to the Office of Councilmember Place 5.
Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by
Councihnember Antuna, to approve Resolution No. 13 -R -99. The vote )vas unanimous
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with Mayor Pro -Tem Fowler, Councilmembers Scagliola, Antuna, Edwards, and
Verinder voting yes and no one voting no. Motion Carried.
IA. Oath of Office – (B. Dennis)
A. Newly Elected Officers – Oath of Office administered to Daryl John Place 3, Cedric
Edwards Place 4, and Matthew Duke Place 5. (B. Dennis)
Mayor Carpenter recognized City Secretary Brenda Dennis who administered the Oath of
Office to Daryl John Place 3, Cedric Edwards Place 4, and Matthew Duke Place 5.
B. Certificate of Election – Presentation of Certificate of Election. (Mayor Carpenter)
Mayor Carpenter presented the new Councilmembers with their Certificates of Election.
Mayor Carpenter recessed the meeting at 7:13 p.m. for a 15 minute recess.
Mayor Carpenter reconvened into the Regular Session at 7:29 p.m. and recognized the outgoing
Councilmembers Antuna and Verinder who provided their comments and thanks for being able to
serve the Citizens of Schertz while serving on the Council. Each commented on the dedication of
Council and staff as the City continues to grow.
Mayor Carpenter recognized newly elected Councilmembers John, Edwards, and Duke who thanked
those who supported their campaign and thanked their family members.
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 Schertz Chamber President Maggie Titterington who provided an
update on the Chamber activities for this past fiscal year. She stated that over 1,372 visitors came to
the chamber visitor center and 30% of these visits were city area related. They took in 3,500 calls,
661 of those calls also being local inquiries — meaning people had local information needs. She also
provided data on the Schertz Chamber website; its members and directory together recorded a total
amount of inquiries of 5,013 and almost 17,000 hits via search engine activity. She added that the
Chamber has been very active in other activities in the area including the disbursement of over
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$7,000 to different projects through DECA, A program to teach youth skills needed to run a
business. She continued by providing some reminders of various upcoming events.
Presentations
• Presentation and update on the City of Schertz Capital Improvement Projects (J. Kessel/P.
Gaudreau)
Mayor Carpenter recognized Owners Representative, Phil Gaudreau who gave a presentation
and update on the city's Capital Improvement Projects, including the new Animal Services
Adoption Facility, Soccer Complex, Baseball Fields, and upcoming Aquatic Center. The
Animal Adoption Center is a separate free - standing facility from the original location. A
move -in date is anticipated for late January or February of 2014. The Soccer field under
construction has multiple parking lots, a concession building with restrooms, twelve playing
fields and parking for over 600 cars which includes color coded directives to guide visitors to
the correct playing fields. This project will be ready in late 2014. There are also three new
Baseball fields currently under construction. A finish out date for them will possibly be in
January 2014. The fields are of different sizes which will accommodate a variety of age
groups and also be large enough to host regional competitions. Under the current scope of
the project no bleachers will be added, but there is space available to add them at a future
date. The aquatic facility is proposed to be located adjacent to the YMCA recreation
building. They are confirming the size of the footprint, which is a 25 meter by 25 yard body
of water with support facilities, as well as possibly a second body of water that can be used
for other purposes. Final negotiations are in progress and may be brought back to Council in
December 2014.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris /J. BierschwaleB. James)
Mayor Carpenter recognized Executive Director of Support David Harris who provided the
following announcements and upcoming events:
- Tuesday, November 19, 2013 11:00 a.m. to 1:00 p.m. — City Staff
Thanksgiving Feast — Schertz Civic Center.
- Tuesday, November 19, 2013 5:30 p.m. — Ribbon Cutting Schertz - Cibolo
Universal City ISD — 205 Schlather Road (Old Wiederstein Elementary)
- Friday, November 22, 2013 — Guadalupe County Master Gardners
Appreciation Day Celebration — County Annex Building, 1101 Elbel Road
behind the building at 11:00 a.m.
- Friday, November 22, 2013 — Fashion Affair Clothing Boutique Ribbon
Cutting — 9:30 a.m. — 6051 FM 3009 — across the street from Wal -Mart.
- Tuesday, November 26, 2013 — No City Council meeting due to Thanksgiving
Holiday.
- Saturday, November 30, 2013 — Schertz Sweethearts — Christmas in Comfort.
Tuesday, December 3, 2013 — City Council Photos — 5:00 p.m. to 6:00 pm.
Individual photos will be taken from 5:00 p.m. to 5:45 p.m. Group Photos will
be taken at 5:45 p.m. — City Council Chambers.
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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.
Saturday, December 7, 2013 — Kris Kringle Market — 9:00 a.m. to 4:00 p.m. —
Schertz Parkway and Main Street.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated that our Municipal Court
Clerk Certification Program continues. He recognized Patti Veliz, Angela Green, and
Shannon Del Toro who recently received their Texas Municipal Court Clerk re- certification.
Mr. Kessel also reminded Council of the upcoming December 6, 2013 Council Leadership
Training which will be held at the Fairfield Inn & Suites, Schertz, Texas.
Mayor Carpenter recognized Councilmember Duke who asked about procedures on voting on the
consent agenda items since he and Councilmember John were not present before. Mayor Carpenter
stated that they could pull the minutes and vote on them separately and the new council members
could either vote as present or abstain.
Mayor Carpenter removed agenda item number 2 for separate action.
Consent Aeenda Items
3. Resolution No. 13 -R -96 — Consideration and/or action approving a Resolution authorizing
an amended Professional Services Agreement with Jackson A &E Associates, Inc., and other
matters in connection therewith. (J. Kessel/B. James)
The following was read into record:
RESOLUTION NO. 13 -R -96
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN AMENDED PROFESSIONAL SERVICES AGREEMENT
WITH JACKSON A &E ASSOCIATES, INC., AND OTHER MATTERS IN
CONNECTION THEREWITH
4. Schertz- Seguin Local Government Corporation Council Ex- Officio Liaison Member —
Consideration and/or action regarding the appointment of Councilmember David Scagliola to
serve as an Ex- Officio Member on the Schertz- Seguin Local Government Corporation Board.
(J. Bierschwale/J. Bierschwale)
The following was read into record:
The appointment of Councilmember David Scagliola to serve as an Ex- Officio Member on
the Schertz - Seguin Local Government Corporation Board.
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Mayor Carpenter recognized Councilmember Scagliola who moved, seconded by Mayor Pro -
Tem Fowler, to approve consent agenda items 3 and 4. The vote was unanimous with Mayor
Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting yes and no
one voting no. Motion Carried
Discussion and Action Items
2. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
meeting of November 12, 2013. (J. Kessel/B. Dennis)
Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by
Councilmember Edwards, to approve the minutes of November 12, 2013. Tile vote was 4 -1 -0
with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards voting yes and
no one voting no, and Councilmember Duke abstaining. Motion Carried.
5. Ordinance No. 13 -T -56 — Consideration and/or approving an Ordinance authorizing a
budget adjustment to establish additional expenditures in the FY 2013 -14 Budget items
related to the Commercial Place Properties Rehabilitation, Improvement, and Upgrade
projects which will be funded through rental revenue and sales of recyclable material;
repealing all Ordinances or Parts of Ordinances in conflict with this Ordinance; and
providing an effective date. First Reading Q. Biersch/S. Willoughby /C. Raleigh)
Mayor Carpenter stated that staff has requested that this item be pulled from the agenda.
6. Resolution No. 13 -R -97 — Consideration and/or action approving a Resolution authorizing
an amendment to the Fee Schedule of the City of Schertz Texas, to reflect the actual Cibolo
Creek Municipal Authority Wastewater Treatment Rates for FY 2013 -14. (J. Bierschwale /S.
Willoughby)
The following was read into record:
RESOLUTION NO. 13 -R -97
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN AMENDMENT TO THE FEE SCHEDULE TO REFLECT THE
ACTUAL CIBOLO CREEK MUNICIPAL AUTHORITY WASTEWATER
TREATMENT RATES FOR FY 2013 -14.
Mayor Carpenter recognized Public Works Director Sam Willoughby who introduced this
item answering questions and taking comments from Council. Mr. Willoughby stated that
the City performed a study for water and wastewater rates in 2013 to ensure that revenues
would meet fiscal year budget expenditures for the next five years. The Public Works
Department presented these fees to City Council on July 30, 2013 and Council approved
Resolution 13 -R -60 approving the proposed rates.
The City approved Ordinance No. 13 -M -27 setting the fees for the FY 2013 -14 Budget on
August 6, 2013. On November 5, 2013, the City received the adopted Cibolo Creek
Municipal Authority Rate Structure. The CCMA rate structure differs from the rates that the
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City adopted in the FY 2013 -14 Fee Schedule. The City portion is not changing; however,
staff believes that it is best to pass a resolution modifying the City of Schertz Schedule of
Fees. The CCMA fees are less than projected and staff is modifying the Resolution to reflect
the actual fees. Staff recommends Council approve Resolution No. 13 -R -97 setting the
updated wastewater rates for FY 2013 -14. Staff recommends approval.
Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by
Councihnember Edwards, to approve Resolution No. 13 -R -97. The vote was unanimous
with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and Duke voting
yes and no one voting no. Motion Carried.
Ordinance No. 13 -T -57 — Consideration and/or action approving an Ordinance authorizing a
budget adjustment in the amount of $135,086 from the Water Construction funds for the
relocation of the 16 -inch high pressure reuse waterline owned and operated by the Cibolo
Creek Municipal Authority that is located in the future planned extension of Live Oak Road
to the new 25 -foot easement owned by Cibolo Creek Municipal Authority; repealing all
Ordinances or Parts of Ordinances in conflict with the Ordinance; and providing an effective
date. First Reading (J. Bierschwale /J. Hooks)
The following was read into record:
ORDINANCE NO. 13 -T -57
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJUSTMENT IN THE AMOUNT OF $135,086 FROM
THE WATER CONSTRUCTION FUNDS FOR THE RELOCATION OF THE 16-
INCH HIGH PRESSURE REUSE WATERLINE OWNED AND OPERATED BY THE
CIBOLO CREEK MUNICIPAL AUTHORITY THAT IS LOCATED IN THE
FUTURE PLANNED EXTENSION OF LIVE OAK ROAD TO THE NEW 25 -FOOT
EASEMENT OWNED BY CIBOLO CREEK MUNICIPAL AUTHORITY;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Public Works Director Sam Willoughby who introduced this
item answering questions fiom Council. Mr. Willoughby stated the future planned extension
of Live Oak Road at Schertz Parkway will encroach into Cibolo Creek Municipal Authority's
easement that contains a 16" high pressure reuse water line. CCMA has indicated that the
line may remain in Live Oak Road, but if repairs are completed on the line, they do not want
to be responsible for roadway repairs. This high pressure line, approximately 10 -feet deep,
has experienced several breaks in the last 12 months. Based on estimates to repair the road
after one or two breaks, the cost to relocate the waterline to CCMA's other easement is the
most efficient and cost - effective plan for the City.
CCMA is currently upgrading a sewer transmission line in the same area; and they have
already completed the bid process and based on bids submitted by the best qualified bidder
the cost to relocate the line is $135,086. CCMA will manage the relocation process and the
City will be the financially responsible party. Staff recommends that the City relocate the 16-
inch reclaimed waterline owned by CCMA from the center of the future Live Oak Road to
the new 25 -foot easement owned by CCMA.
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Staff recommends approval of Ordinance No. 13 -T -57 approving a budget transfer in the
amount of $135,086 from the Water Construction Funds to the Water/Wastewater Operating
Budget to relocate the 16 -inch reclaimed waterline owned by CCMA from the center of the
future Live Oak Road to the other easement owned by CCMA. Staff recommends approval.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 13 -T -57 on first reading. The vote was
unanimous with Mayor Pro -Tem Fowler, Councilmembers Scagliola, John, Edwards and
Duke voting yes and no one voting no. Motion Carried.
Roll Call Vote Confirmation
Mayor Carpenter recognized Deputy City Secretary Donna Schmoekel who recapped the votes of
items 1 through 7, excluding item 5.
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 551.072 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;
Mayor Carpenter recessed the regular meeting into executive session at 8:30 p.m.
Reconvene into Regular Session
Mayor Carpenter reconvened the meeting at 9:03 p.m.
12. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Requests and Announcements
8. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
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Mayor Carpenter recognized City Manager John Kessel who again reminded Council of the
upcoming retreat for December 6, 2013 and December 13, 2013.
9. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Carpenter recognized Councilmember Scagliola who requested an update be brought
to Council before the end of the year on business signs; how effective it has been to manage
bandit signs.
10. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No requests made.
11. 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 -Tem Fowler who stated he attended the
following:
• Community Volunteer Banquet & Steve Simonson Award, Thursday,
November 14, 2013, Schertz Civic Center, 6:30 p.m.
Mayor Carpenter recognized Councilmember Scagliola who stated he attended the
following:
• Community Volunteer Banquet & Steve Simonson Award, Thursday,
November 14, 2013, Schertz Civic Center, 6:30 p.m.
• Chamber of Commerce Business Appreciation Banquet, November 15, 2013,
Schertz, Civic Center, 6:00 p.m.
Councilmember Scagliola also formally announced his candidacy for Guadalupe County
Commissioner Precinct 4 for the 2014 primary elections.
Mayor Carpenter recognized Councilmember Edwards who stated he attended the
following:
• Chamber of Commerce Business Appreciation Banquet, November 15, 2013, Schertz,
Civic Center, 6:00 p.m.
Mayor Carpenter.recognized Councilmember Duke who stated he attended the following:
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• Chamber of Commerce Business Appreciation Banquet, November 15, 2013, Schertz,
Civic Center, 6:00 p.m.
Mayor Carpenter requested that EMS Director Dudley Wait come forward. Mayor Carpenter
commended Mr. Wait on his leadership and many other contributions in guiding his team of
people towards a high level of efficiency when responding to cardiac emergency calls. The
Schertz EMS works within a network of 22 surrounding counties that are trained to quickly
diagnose the cardiac emergency at hand and coordinate with local hospitals as to the patient's
needs. Because of this region's superior success rate, other parts of the country are now looking
at what we have done to elevate our high patient survival rate.
Adiournment
As there was no further business, the meeting was adjourned at /
ATTEST: Mayor, Michael R. Carpenter
C 50
City cretary, Brenda Dennis
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