02-03-2015 MinutesMINUTES
REGULAR MEETING
February 3, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
February 3, 2015, 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 Jim Fowler
Councilmember Cedric Edwards
Staff Present:
Executive Director Brian James
City Attorney Charles Zech
Deputy City Secretary Donna Schmoekel
Call to Order
Mayor Pro -Tem Daryl John
Councilmember Grumpy Azzoz
Councilmember Robin Thompson
City Manager John Kessel
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Mayor Carpenter called the 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 ( Councilmember Thompson)
Councilmember Thompson provided the invocation followed by the Pledges of Allegiance to the
Flags of the United States and the State of Texas.
A. Mayor Pro -Tem Oath of Office — Oath of Office administered to
Councilmember Cedric Edwards. (Mayor Carpenter to administer oath)
Mayor Carpenter said that per the current Rules of Council regarding the appointment of
the Mayor Pro -Tem, it states that every six months the office of Mayor Pro -Tem moves
by seat number to the next Councilmember in line, as long as that Councilmember has
been elected to office and not appointed, provided that they are willing to serve.
Council position Place 4 is next in line, seat currently being held by Councilmember
Cedric Edwards who was elected to office. Mayor Carpenter asked Councilmember
Edwards if he was willing to serve. Councilmember Edwards indicated that he is willing
to serve as Mayor Pro -Tem.
Mayor Carpenter called for a motion and recognized Councilmember Azzoz who moved,
seconded by Councilmember Fowler to appoint Councilmember Edwards as Mayor Pro -
Tem. , The vote was unanimous with Mayor Pro -Tem John, Councilmembers
Fowler, Azzoz, Edwards and Thompson voting for and no one voting no. Motion
passed.
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Mayor Carpenter provided the oath of office to newly appointed Mayor Pro -Tem Cedric
Edwards. Mayor Carpenter thanked former Mayor Pro-Tem. John for serving.
City Events and Announcements
• Announcements of upcoming City Events (J. BierschwaleB. James)
Mayor Carpenter recognized Director of Development Brian James who provided the
following announcements:
• Thursday, February 5, Ribbon Cutting w/RockStar's Place, 3:00 p.m. at 1248 FM 78,
Suite 101, Grand Opening.
• Thursday, February 5, Preview Parry of Mia's Mirror located inside HEB, 6:00 p.m.
Upcoming Events:
• Wednesday, February 18, Blood Drive in front of the Community Center
• Saturday, March 7, Wilenchik's Walk For Life at Clemens High School
Mayor Carpenter stated that he wanted to also announce a couple of other meetings that
are coming up that are of interest to the City of Schertz:
Thursday, February 5, 2015, hosted by the City of Cibolo at 6:00 p.m. the
Northeast Partnership Mayors and the Guadalupe County Regional Mayors
Association will be meeting in a joint session to talk about the current legislation
session and associated issues.
Thursday, February 12, 2015, Judge Wolff in Bexar County will be hosting the
Bexar County Mayor's first ever session meeting.
Thursday, February 12, 2015, 11:30 a.m., the Northeast Partnership for Economic
Development will be meeting at the Olympia Hills Golf and Conference Center in
Universal City.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated that he has some
Public Safety staff members that he wanted to single out; it's indicative though of our
Police Department in general. Mr. Kessel recognized Officer McCosh stating that he
received a note from a citizen that lives up in Scenic Hills who stated that he was so
impressed with Officer McCosh who was assisting a citizen with changing their tire on
the side of the road. Mr. Kessel stated this is one of those things that is not taught but just
going above and beyond their duties and caring about our citizens. Mr. Kessel stated
that this is a typical type of service provided by our officers; so typical that Officer
Armstrong had received a couple of notes as well. Mr. Kessel stated that Officer
Armstrong has received commendations from citizens as well where he also showed his
professionalism and made a very noticeable difference. This reflects so well on our
community and the professionalism of our Police Officers and the Police Department.
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Mr. Kessel stated the last one is an EMS shout -out. We always think about the guys and
gals that drive the blue and yellow ambulances but there is an administrative side of that
office that does the billing. Billing is not part of medical services that any one of us likes,
we all dislike that. Our billing system is fairly old, it is a system that you actually have to
mail in a check or come in person to pay. Customers have not been able to pay on -line. It
has been difficult to get collections that way for some time. Some are used to being able
to pay on -line because it is more convenient. The EMS billing department has been
working very hard on this and working with the IT Department. Those team members
have put together a program where now they can receive payments for the EMS bills on-
line with a credit card. This is a big convenience for our citizens and a huge convenience
for staff. Mr. Kessel thanked Allison, Cody, Dominga, Jessica and the others in that
department who saw a problem and worked with another department to make it better.
Hearing of Residents
No one spoke.
Discussion and Action Items
1. Minutes - Consideration and/or action regarding the approval of the minutes the Regular
Meeting of January 27, 2015. (J. Kessel/B. Dennis)
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Fowler to approve the minutes of the regular meeting of January 27,
2015. The vote was unanimous, with Mayor Pro -Tem Edwards, Councilmembers
Fowler, Azzoz, John, and Thompson voting for, no one voting no. Motion passed.
2. Appointments/ Reappointments and Resignations to City Boards, Commissions and
Committees — Consideration and/or action regarding resignations and appointments to
the Historical Preservation Committee. (Mayor /Council/B. Dennis)
Mayor Carpenter recognized City Secretary Brenda Dennis who introduced this item
stating that the City has received a resignation from long standing member Ms. Gail
Hyatt of the Historical Preservation Committee. As a result of her resignation there is
now a vacancy. Staff recommends ratifying the resignation of Ms. Gail Hyatt and
appointing Mr. William Dandy to fill the vacant regular position. Ms. Dennis stated that
Mr. William Dandy has submitted his application to serve on this board. She also stated
that Mr. Dandy has already been attending the Historical Preservation Committee
meetings. Ms. Dennis recognized Mr. William Dandy who was in the audience this
evening. Mr. Dandy stood to be recognized. Mayor and Council thanked Mr. Dandy for
his willingness to serve.
Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor
Pro -Tem Edwards to ratify the resignation of Ms. Gail Hyatt and appoint Mr. William
Dandy to the Historical Preservation Committee. The vote was unanimous, with
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Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John, and Thompson
voting for, no one voting no. Motion passed.
3. Resolution No. 15 -R -09 — Consideration and/or action approving a Resolution
authorizing the application for the Texas Emissions Reduction Program (TERP) Grant
from the Texas Commission on Environmental Quality (TCEQ). (J. Bierschwale /C.
Raleigh/J. Harshman)
The following was read into record:
RESOLUTION NO. 15 -R -09
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE APPLICATION FOR THE TEXAS EMISSIONS
REDUCTION PROGRAM (TERP) GRANT, AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized Public Works Project Manager Cindy Raleigh who
introduced this item stating the City of Schertz Public Works Department was awarded a
bond sale back in December by Council to purchase certain equipment that needed
replacement or equipment that needed to be added to their fleet to make their jobs easier
and more efficient. She stated that during this time Fleet Manager Mr. John Harshman
has been working on bids and checking out certain equipment that they needed. She had
received an email from AACOG announcing that there was a grant program available to
replace some off -road and on -road diesel vehicles to help with the emissions in the State
of Texas by TCEQ, and that is the Texas Emissions Reduction Program Grant.
TCEQ is inviting applications for replacement of selected types of non -road and on -road
heavy -duty vehicles to help reduce emissions through the purchase of new and upgraded
vehicles and equipment. Staff attended a workshop presented by the Alamo Area
Council of Governments ( AACOG) in late January and found out that we do qualify for
several pieces of equipment as part of this grant.
Staff has calculated a*possible maximum savings of approximately $400,000 through the
TERP Grant program if we can get all of the pieces of equipment approved through this
grant program.
Ms. Raleigh stated that some of the equipment that they have come up with that can be
replaced are the following:
Qualifying On -Road Vehicles:
1993 Ford F -700 Dump truck — used for chipping — maximum funding available $43-
$483
1966 Jeep Kaiser (2 -1/2 ton) — maximum funding available $95 -$110K
1989 Kenworth T600 Dump Truck — maximum funding available $95 -$110K
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Qualifying Non -Road Vehicles:
• 1983 Case 580D Backhoe — maximum funding available $11,760
• 1987 Case 580K Backhoe — maximum funding available $11,760
• 1997 Case 580L Backhoe — maximum funding available $11,760
• 1987 Champion 710A Maintainer — maximum funding available $43,664
• 1988 Ford FC415M -7710 Tractor — maximum funding available $25,619
• 1984 John Deer 2150 Tractor — maximum funding available $11,760
• 1996 New Holland 4630 Tractor — maximum funding available $11,760
She stated when it indicates maximum funding, that means the discount toward the
purchase, we would have to purchase the vehicle and follow certain rules set up by the
grant program and the old equipment would have to be destroyed. This means cutting
holes in the engine blocks as well as cutting the axels in half to prove to them that we
have destroyed the high emissions equipment. Once this is accomplished we will be
receiving the reimbursement up to that maximum amount if approved.
Staff has prepared a priority list as follows:
Priority - Vehicle/Equipment replacements funded as part of Issuance of Tax Note Series
2015:
• 1988 Ford 7710 Tractor
• 1993 Ford F700 Chipper Truck
• 1983 Case 580D Backhoe
• 1987 Case 580K Backhoe
• 1997 Case 580L Backhoe
• 1987 Champion 710AMaintainer
Ms. Raleigh stated if approved to apply for this grant and we do get the maximum
amount we would also be able to purchase additional equipment due to the savings. This
includes the following:
• 1989 Kenworth T-600 Tandem Axle Dump Truck
• 1966 Kaiser Jeep (2 Y2 ton)
• 1984 John Deere 2150 Tractor
• 1996 New Holland 4630 Tractor
Staff is requesting permission to_ apply for this grant. The grant is a first come first serve
basis and it must be turned into Austin by Monday February 9t'. Staff will be working
diligently finalizing the paperwork. Once approved Mr. Kessel will sign it and Mr.
Harshman will run it up to Austin and try to be number one in line, even having Mr.
Harshman possibly arrive at 4:30 a.m.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who stated that you are saying to
have Mr. Harshman up there by 4:30 a.m. that morning; this item may be worth
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approving staff going up the night before and being the first in line. Ms. Raleigh stated
that staff has discussed this and possibly getting a hotel room close by. Ms. Raleigh
stated that they will possibly be working this weekend to finalize the paperwork on the
grant due to the preciseness involved in filling it out; any mistake on the paperwork and it
could be moved down the line or thrown out.
Mayor Carpenter recognized Councilmember Fowler who stated that he understands the
City put aside $1.2 million dollars for purchasing some of this equipment; Ms. Raleigh
concurred. He wanted to know if the grants came through the maximum amount they are
expecting to receive is $400,000. Ms. Raleigh stated that if they get all ten pieces of
equipment then yes. His next question was the money that comes back, would it go back
into the general fund? Ms. Raleigh stated they are planning on using the savings of the
funds to purchase the additional equipment needed as mentioned earlier.
Mayor Carpenter recognized Councilmember Thompson who stated, assuming we are
able to get the grant, and as you had mentioned we have to destroy certain parts of the
vehicles first, how much of a time lag would it be between the destruction of the vehicle
and the new replacement vehicle being available. Ms. Raleigh deferred the question to
Mr. John Harshman. Mr. Harshman stated that basically how it works is we do not
destroy any piece of equipment until we have clear notification from TECQ that our grant
is approved. Once that notice is sent to the city they have 90 days to destroy that piece of
equipment and send it to scrap. Councilmember Fowler asked would this mean there
would be a period where we would not have the equipment available, or do we think we
can get our new equipment within those 90 days. Mr. Harshman answered that he has
been told by TECQ that approval for the grant happens within the first 30 days from
when the doors are open for the proposals. We are going to be waiting to see what they
approve and what they do not approve, and as soon as we get approval we will be able to
move forward and from that date we have 90 days to destroy the equipment.
Mayor Carpenter recognized Councilmember Azzoz who stated that when you say
Monday, do we have to hand deliver it Monday? Ms. Raleigh indicated yes, that it is a
race among other entities in the State of Texas that want this grant, so the earlier we are
there the better chances we have to be the first in line. Our goal is to be number one.
Councilmember Azzoz asked if the City has done this before and Ms. Raleigh indicated
no and was not sure why. She indicated that certain other companies like Bexar Waste
have applied for these grants.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Azzoz to approve Resolution No. 15 -R -09 with the stipulation to allow
our presenter to go up the previous night and be prepared and ready to go at the doorsteps
of that location. The vote was unanimous, with Mayor Pro-Tent Edwards,
Councilmembers Fowler, Azzoz, John, and Thompson voting for, no one voting no.
Motion passed.
Mayor Carpenter recognized City Manager John Kessel who thanked Mr. Harshman for
finding the grant and doing the research. Should we receive this or even a portion it will
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go a long way. This is very innovative and fantastic. Mr. Kessel also complimented Ms.
Raleigh, stating that you think that she was just busy on this project putting this all
together, but this morning at 8:30 a.m. she helped kick off the Facility Master Plan study,
presenting to all department heads a lot of information so we can make this information
available to City Council. He stated that we were able to start the first round of reviews
with the architect to look at our existing facilities. He stated this is a project that will take
several months and Ms. Raleigh has taken the lead from the very first day. He stated that
this is a perfect project for her and she has really been tremendous and fantastic working
on various projects and being successful.
4. Ordinance No. 15 -M -06 — Consideration and/or action approving an Ordinance
authorizing and amending the City Council Rules of Conduct and Procedure providing
for the treatment of abstentions; repealing all Ordinances or parts of Ordinances in
conflict with this Ordinance. First Reading (Mayor /C. Zech)
The following was read into record:
ORDINANCE NO. 15 -M -06
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED
CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; PROVIDING FOR
THE TREATMENT OF ABSTENTIONS; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized City Secretary Brenda Dennis who introduced this item to
the City Council who has identified the need to clarify how abstention (or present/silent)
votes are counted with respect to determining tie votes and majority /quorum calculations.
In working with the City Attorney the Council discussed the effect of legally required
abstentions and non - required abstentions.
The Council considered various options and directed the City Attorney to draft language
and provide information and rules on how to interpret the effect of abstentions when the
Councilmember has no legal obligation to abstain.
At the January 20, 2015 City Council meeting, the Council voted and unanimously
approved language to be added to the Council Rules and Procedures ordinance that would
have the effect of any vote by a councilmember that is not an Aye vote or a Nay vote
shall be counted as a Nay vote unless it is an abstention as required by law. Additionally,
the abstention (or present/silent) vote would count towards the calculation of a majority
or quorum.
The attached Ordinance provides for a section regarding the effect of abstentions. Staff
recommends Council approve first reading of Ordinance No. 15 -M -06 amending the
Council Rules of Conduct and Procedures by amending Article 9, by adding Section 9.17
Effect of Abstentions.
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Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Fowler to approve Ordinance No. 15 -M -06 on first reading. The vote
was unanimous, with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz,
John, and Thompson voting for, no one voting no. Motion passed.
5. Ordinance No. 15 -M -07 — Consideration and/or action approving an Ordinance
amending the City of Schertz Code of Ordinances and certain other Ordinances by
amending the Fee Schedule and establishing the Wholesale Distribution Water Rate.
First Reading (J. Bierschwale /S. Willoughby)
The following was read into record:
ORDINANCE NO. 15 -M -07
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE CITY OF SCHERTZ CODE OF ORDINANCES AND
CERTAIN OTHER ORDINANCES BY AMENDING THE FEE SCHEDULE AND
ESTABLISHING THE WHOLESALE DISTRIBUTION WATER RATE, AND
OTHER SERVICES PROVIDED BY THE CITY OF SCHERTZ.
Mayor Carpenter recognized Public Works Director Sam Willoughby who introduced
this item stating The City of Schertz currently has water connections to Joint Base
Randolph and Green Valley Special Utility District for emergency water service. We are
in the process of entering into an Inter -Local Agreement with the City of Cibolo and have
an agreement with the Crossvine Planned Development to supply water for their
landscape at a wholesale distribution rate once approved until reuse water is available.
He stated to qualify for the Wholesale Distribution Rate; ONE (1) of the following
criteria must be met:
1. The water system owned by the Distributor must be a self - maintained water
distribution system which will be supplied water through one City of Schertz
Master Meter along with a service agreement between the City and the
Distributor.
2. Must be a Military Bases.
3. Must be for temporary Use until Reuse Water is made available to a particular
area.
In December, staff engaged Mr. Dan Jackson with Economists.com to assist in
developing a Wholesale Distribution Rate for the City based on the FY 2012 -13 Rate
Study. The results of the study show this rate is based on delivery of water to any area
adjacent to the Schertz Water System. The rate components are the base rate - as per
meter size - and a standard volumetric rate. The base rate is a ready -to- service charge
with zero gallons that covers debt of the Water Department as currently covered in our
Fee Schedule. The proposed volumetric rate is $2.27 per 1,000 gallons of water and
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covers water that is treated and delivered to the Master Meter. Also included in this rate is
a 10% risk component.
Rate components NOT included: flushing, testing, fire protection and customer service.
This rate is approximately 17% lower than the effective rate the City currently charges to
its retail customers. These connections will not have any adverse impact to the City of
Schertz water system.
The rate of $2.27 per thousand gallons of water is based on the April 2013 Water Rate
Study. This price will be re- evaluated during the 2015 Water Rate Study. The goal is to
set a rate schedule for wholesale distribution water sales that recovers sufficient funds to
meet all treatment, delivery and administration costs, to include debt service and risk
components and approve a rate that is just and reasonable and in accordance with general
ratemaking principals.
Mayor Carpenter recognized City Manager John Kessel who stated the different criteria
would allow us to have other like entities apply and potentially receive this rate.
Mayor Carpenter recognized Councilmember Fowler who pointed out that the 17%
reduction was a reasonable amount but we don't do maintenance at all. Do we have any
connections to other cities if they have any emergencies? Public Works Director Sam
Willoughby stated we do already have valve connections with Green Valley Special
Utility District and Randolph Air Force Base.
Mayor Carpenter recognized Councilmember Azzoz who asked what Section 5 was
about. Public Works Project Manager Cindy Raleigh came forward stating that part was
an error and should be struck out if they want to take action on it tonight.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember John to approve Ordinance No. 15 -M -07 on first reading striking section
5. The vote was unanimous, with Mayor Pro -Tem Edwards, Councilmembers
Fowler, Azzoz, John, and Thompson voting for, no one voting no. Motion passed.
Roll Call Vote Confirmation
Deputy City Secretary Donna Schmoekel provided the roll call vote information for agenda
items 1 through 5.
Requests and Announcements
6. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements.
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7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
No items requested at this time.
8. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Carpenter recognized Councilmember Edwards who requested information on
when the parking lot at HEB would be completed. Mayor Carpenter stated he could
answer that as he had just recently asked Connie at HEB who told him the completion
date is projected to be March 27.
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 Councilmember Fowler who stated he has been attending
the aquatic pool design meetings every two weeks and they are now working with a
construction contractor who is making some good recommendations. They are hoping in
a few weeks to be able to bring something forward to the council to vote on. They are
moving forward steadily and he thinks it is a great team of people working on this.
Executive Session
Mayor Carpenter adjourned the regular session at 6:40 p.m. into executive session.
10. City Council will meet in closed session under section 551.074 Evaluation of the City
Secretary and Deputy City Secretary.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 8;45 p.m.
10a. Take any necessary action based on discussions held in closed session under Agenda
Item number 10.
No action taken.
Mayor Carpenter moved back to agenda item 7.
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7. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Carpenter stated they would like to have the Evaluation of the City Secretary and
Deputy City Secretary item listed tonight under Executive Session to be placed back on
the agenda for next week as well as a discussion workshop on agenda preparation.
Mayor Carpenter recognized Councilmember Edwards who stated he has still not seen his
colleague's disc profile. Mayor Carpenter recognized City Manager John Kessel who
stated he has talked to Mr. Roy Davis and he is getting that information sent out.
Councilmember Azzoz already has his information but Councilmember Thompson has
not. He also offered to have Mr. Davis resend the information to Mr. Azzoz since he has
been experiencing some difficulties with what he was sent before.
Mayor Carpenter recognized Councilmember Fowler who stated that he as well as others
have received a letter from a developer who wants to build some low- income housing in
our city. How do we plan to address this? City Manager John Kessel responded by
saying he is aware of two requests and the Development Services Department is
contacting both of them to confirm locations, projects and other items. Staff will then
present this information to City Council for discussion, consideration and action, which
will also include a staff recommendation. Director of Development Services Brian James
has these requests in his possession.
Mayor Carpenter recognized Councilmember Edwards who stated the City of Cibolo has
also received these same letters according to Cibolo City Councilmember Jay Hogue.
Mayor Carpenter stated perhaps this could be a topic for discussion at their upcoming
retreat workshop off site. City Manager John Kessel pointed out that this is very routine
and much like a zoning change request or building permit request. There is a pool of
potential funding at the state level that everyone across the state applies for. Staff tries to
figure out which of these are just shotgun approaches and which ones are real projects.
These may or may not be appropriate for our community.
City Attorney Charles Zech interjected at this point stating that this is not an agenda item
for discussion tonight so Mayor Carpenter stated he would get with the City Manager
later for more information and/or we could put it on a future agenda for further discuss.
Adi ournment
._...._..........
Meeting was adjourned at 8:49 p.m.
f
- Michael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
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