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07-26-2016 MinutesMINUTES REGULAR MEETING July 26, 2016 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 26, 2016, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building 94, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Mayor Pro -Tem Cedric Edwards Councilmember Jim Fowler Councilmember Grumpy Azzoz Councilmember Daryl John Councilmember Robin Thompson Staff Present: City Manager John Kessel Executive Director Brian James Executive Director Dudley Wait City Attorney Charles Zech City Secretary Brenda Dennis Assistant to the City Manager Sarah Gonzalez Call to Order — City Council Regular Session Mayor Carpenter called the meeting to order at 6:05 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Pastor Jim Curran, Schertz United Methodist Church) Pastor Jim Curran provided the opening prayer 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 (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Executive Director Brian James who provided the following announcements: • Monday, July 25 -31 RACAP School Supply Drive Mattenga's Pizzeria, 644 FM 3009, Ste. 290 Drop off items during regular store hours of- Monday-Thursday and Sunday 11:00 AM -9:00 PM Friday - Saturday 11:00 AM -10:00 PM • Friday, July 29 Budget Retreat for City Council Fairfield Inn and Suites, 8:30 AM — 4:00 PM Coffee with the Chamber 1730 Schertz Parkway, 7:30 AM — 9:30 AM • Friday, August 5 TML Region 7 Meeting Kerr Arts and Cultural Center 228 Earl Garrett Street, Kerrville, 5:30 PM 07 -26 -2016 Minutes Page - 1 - SAVE THE DATE • Friday, August 19 Senior Center Boollie Disco Dinner Dance Schertz Civic Center, 6:00 -10:00 PM • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who stated IT Web Developer Keyasha Brothem has completed the Comp TIA Project Plus Certification Program. This is really important because we have a number of large projects starting to roll out and to have as many of the IT staff as possible have this certification is an asset for us. He also wanted to give her some praise for all the great work she has done. He "also received an e -mail from Mr. Mike Casey who was concerned about some property at a drainage ditch. He contacted Environmental Health Manager Jesse Hamilton for some assistance. Mr. Hamilton then contacted Public Works staff, Kevin Anderson, Doug Letbetter and other drainage crew members who went out and took care of it. Mr. Casey was very grateful and praised the City Public Work crews for addressing the issue so promptly. Presentations: Mayor Carpenter moved to the second presentation listed on the agenda. • Presentation regarding CASA of Central Texas, (Court Appointed Special Advocates) M. Carpenter/Norma Blackwell) Mayor Carpenter recognized Executive Director for CASA of Central Texas Norma Blackwell who said CASA stands for Court Appointed Special Advocates. They advocate for abused and neglected children in the court system by recruiting, training and supporting community volunteers. They believe that every child deserves a safe and permanent home. Through education, awareness, and involvement they can save children from further abuse, one child at a time. She is here tonight because she had concerns about people confusing them with CASA of San Antonio. She wants to encourage citizens to volunteer for their local CASA before going to San Antonio, which is outside our area. They also save the taxpayer money. She just wants the Schertz community to know they are here in Schertz. They can come and train. She thanked Guadalupe County Commissioner Jim Wolverton who suggested she come tonight and let people know about their services. She also thanked the other county commissioners and the county judge. These connections have also resulted in opening other doors for the organization. She turned the rest of the presentation over to Laura Tora, her Volunteer Coordinator who showed a video and presented some statistical data. Over 750 children are placed in state foster homes each year in Central Texas. More than 400 of these children are helped by CASA of Central Texas in Caldwell, Comal, Guadalupe and Hays Counties. Courts appoint CASA to oversee these cases and they also make recommendations in the best interest of the children. CASA is there for the kids to reach out to in times of need. 07 -26 -2016 Minutes Page - 2 - The organization and their volunteers help make a huge difference in the lives of all these children and CASA is always in need of more volunteers. Since the volunteers are sworn in by a judge they are also authorized to speak with foster parents, teachers, doctors and anyone else involved in the lives of the children. Anyone can become a volunteer — students, retirees, job holding citizens, etc. They have a wide range of children that come in, infants to teenagers. She emphasized volunteers serving within their own local area. and would like to see the number of volunteers increase. They are going to be meeting with the local school district superintendent tomorrow; they have also filed their application with Schertz for participating in Schertz Fest and they are also in the process of joining The Chamber. The purpose of their presentation tonight is for us to help them spread the word that CASA of Central Texas is here in Schertz, Guadalupe County, and they are ready to take on more volunteers. She offered to meet with anyone and come speak at churches or any other organizations. She thanked City Secretary Brenda Dennis for setting up this meeting and to Council and Mayor for listening to her presentation. Mayor Carpenter stated their work is very hard but very necessary. There is a wide need in this area. He thanked them for being there and asked her to look into attending the volunteer fair which the City of Schertz holds each year. He asked her to e -mail each councilmember with their contact information so they can send people their way when the opportunities arise. She added that they did have 14 volunteers currently registered from Schertz. They also have a very high (over 80 %) retention rate of their volunteers. Mayor Carpenter moved back to the first presentation listed on the agenda. • Award Presentation regarding the Life Line Award from the American Heart Association. (D. Wait /J. Mabbitt/D. Covington/Diana Barrett) Mayor Carpenter recognized Executive Director Dudley Wait who introduced Regional QI Director of the American Heart Association Diana Barrett who came forward to present two awards: 1) Schertz EMS, and 2) Schertz Fire Rescue. He also invited all the EMS and Fire representatives in the audience to come forward. What is standing before us (EMS/Fire personnel) is an example of putting research into practice because they are on the front line of everything. Ms. Barrett stated one of the ways the organization tries to impact a community is to help reduce death and disability from heart disease and stroke. They can educate the public about warning signs and risk factors for having a heart attack but the reality is if they don't call 911, their treatment will be delayed. EMS can go to the scene and quickly identify the patients' condition and pre - notify the receiving hospital to prepare themselves — treatment happens faster and subsequently improves a positive outcome for the patient. She is here tonight to present these Gold Awards which are based upon being able to identify a 12 lead in the field, work with their hospital partners and provide care from first medical contact to device, to intervention/treatment, in less than 90 minutes. It is a collaboration between Fire, EMS, community members knowing to call 911 and between the hospital working with EMS to make sure that a patient gets proper treatment quickly. 07 -26 -2016 Minutes Page - 3 - These Gold Awards represent two years of meeting these specific guidelines. It is her honor to present it to the City of Schertz Fire Department and EMS Department. At the request of Councilmember Thompson, EMS Director Jason Mabbitt explained the different awards: bronze, silver, and gold. Of all the Fire and EMS Departments in Texas, only 7% of these departments won bronze, silver, or gold -- and only 3% of those winners won gold. Mayor Carpenter stated we have an amazing track record with our Fire and EMS first responders in this city. Mayor Carpenter recognized Guadalupe Constable Precinct 3 Michael Skrobarcek who was in the audience this evening. • Update regarding the Aquatic Center Facility. (J. Kessel/P. Gaudreau) Mayor Carpenter recognized Owners Representative Phil Gaudreau who provided a PowerPoint presentation regarding the progress of the aquatic facility answering questions from Council. Council requested that Mr. Gaudreau place this information on the City's website for citizens to view. Mr. Gaudreau indicated that he would do so and also that the website will be featuring updated photos as more progress evolves. Hearing of Residents Mayor Carpenter recognized the following individuals who spoke: • Mr. Glen Outlaw, 3729 Forsyth Park, who addressed the Council regarding the - construction sign at the Aquatic Facility being built; he showed a photograph and stated that the perception is that the YMCA is building the facility and not the City. He would like to see a sign that indicates that the City of Schertz is building the facility as we passed bonds to build it. • Mr. Robert Brockman, 1000 Elbel Road who inquired as to where the old Fire Truck was as it was not used in the last parade. City Manager John Kessel indicated that the Fire Truck's engine needs to be repaired and updated. Cost and time to repair the vehicle now has prohibited the city to start repairs. He understands that the cost to repair the Fire Truck will be folded into next year's budget. Mayor Carpenter requested Council move to agenda item 7 as there is a guest present that will be providing information. Discussion and Action Items 7. Certificate of Approval — Consideration and/or action approving the Mayor of the City of Schertz to execute and sign the Certificate of approval regarding Tax- Exempt Financing for Responsive Education Solutions. (Mayor Carpenter) - Mayor Carpenter recognized Attorney Cathleen Chang with Andrews Kruth LLP who stated Responsive Education Solutions is a qualified 501(c) 3 charitable organization, and therefore is eligible to participate in tax - exempt financings. However, unlike a governmental issuer 07 -26 -2016 Minutes Page - 4 - (e.g., a city or school district), a 501(c) 3 organization must issue bonds through a state - approved conduit and must conduct a public hearing on the financing. Since one of the campuses will be located in the City of Schertz, Internal Revenue Code §147(f) requires that the "highest elected official" of the City approve the transaction after the public hearing is held. The public hearing was held on July 20, 2016 at Premier High School of San Antonio, 4941 Walzem Rd., Ste. 8220, San Antonio, Texas 78218. Responsive Education Solutions is financing the construction and equipment of Founders Classical Academy of Schertz, 12470 Woman Hollering Rd., Schertz, Texas 78154 and 8453 E. 1518 North, Schertz, Texas 78154. Responsive Education Solutions is financing at tax - exempt interest rates through a bond issue facilitated by Arlington Higher Education Facilities Finance Corporation. Andrew Kurth LLP serves as bond counsel for the transaction. Mayor Carpenter moved, seconded by Councilmember Fowler to approve the Mayor of the City of Schertz to execute and sign the Certificate of Approval regarding Tax- Exempt Financing for Responsive Education Solutions. The vote was unanimous with Mayor Pro - Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Mayor Carpenter indicated that at staff s request, agenda item Item 6 has been removed from the Consent Agenda items and placed on discussion. Consent Agenda Items The Consent Agenda is considered 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 of the Mayor or a Councilmember. 1. Minutes — Consideration and/or action regarding the approval of the minutes of the Regular Meeting of July 12, 2016. (J. Kessel/B. Dennis) 2. Boards, Commissions and Committee Member Resignations and Appointments — Consideration and/or action ratifying the resignation of Rosemary Scott of the Economic Development Corporation Board. (B. Dennis) 3. Resolution No. 16 -R -55— Consideration and/or action approving a Resolution authorizing EMS Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (D. Wait/J. Mabbitt) The following was read into record: RESOLUTION NO. 16 -R -55 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING - EMS DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH 07 -26 -2016 Minutes Page - 5 - 4. Resolution No. 16 -R -56 - Consideration and/or action approving a Resolution authorizing Utility Billing Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (D. Wait/1 Santoya/C. Spence/R. Rosales) The following was read into record: RESOLUTION NO. 16 -R -56 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING UTILITY BILLING DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH 5. Resolution No. 16 -R -57— Consideration and/or action approving a Resolution authorizing Schertz Magazine Debt Revenue Adjustments for certain inactive outstanding accounts receivables. (J. Kessel /S. Gonzalez/L. Klepper) The following was read into record: RESOLUTION NO. 16 -R -57 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING SCHERTZ MAGAZINE DEBT REVENUE ADJUSTMENTS FOR INACTIVE OUTSTANDING ACCOUNTS RECEIVABLES AFTER 180 DAYS OF NON PAYMENT AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve consent agenda items 1 -5. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Discussion and Action Items 6. Resolution No. 16 -R -58 — Consideration and/or action approving a Resolution authorizing the City Manager to sign an Interlocal Agreement for Automatic Aid for Fire Protection and other Emergency Services between the City of Schertz and the City of Cibolo. (D. Wait/D. Covington) The following was read into record: RESOLUTION NO. 16 -R -58 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO SIGN AN INTERLOCAL AGREEMENT FOR AUTOMATIC AID FOR FIRE PROTECTION AND OTHER EMERGENCY SERVICES BETWEEN THE CITY OF SCHERTZ AND THE CITY OF CIBOLO, AND OTHER MATTERS IN CONNECTION THEREWITH 07 -26 -2016 Minutes Page - 6 - Mayor Carpenter recognized Fire Chief David Covington who provided a PowerPoint presentation regarding this project with the following highlights: • Mutual vs. Automatic Aid — Call when you need help • Automatic Aid — No need to call, already coming, applies to all calls for service NFPA Considerations: NEPA 1201: Standard for Providing Emergency Services to the Public Section 4.6 Inter - Community Organization. "Were practical and as conditions require, the (department) shall have written mutual aid and automatic arrangements with other jurisdictions or providers of special operations or particular services. ISO Considerations: Differs from mutual aid, must be pre - arranged for first alarm response, 24/7/365, common radio communications, common training. Summary: Faster response, more efficient delivery of service, positive fiscal impact, potential ISO consideration resulting in lower insurance costs to homeowners, win -win for both cities. Mayor and Council thanked Chief Covington for the great work and thanked the work of both cities and departments for getting this accomplished. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Mayor Pro -Tem Edwards to approve Resolution No. 16 -R -58. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 8. Resolution No. 16 -R -53 — Consideration and/or action approving a Resolution authorizing the City to enter into a Design Services Agreement with Brown Reynolds Watford Architects for Fire Station Number 3 and associated support systems. (D. Wait/D. Covington/P. Gaudreau) The following was read into record: RESOLUTION NO. 16 -R -53 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE DESIGN SERVICES AGREEMENT FOR FIRE STATION NUMBER 3 AND ASSOCIATED SUPPORT SYSTEMS AND OTHER MATTERS IN CONNECTION THEREWITH Mayor Carpenter recognized Owners Representative Phil Gaudreau who said a Request for Qualifications (RFQ) for design services was issued on February 23, 2016. Responses were received on March 24, 2016 and the evaluations committee reviewed the fifteen responses resulting in the selection of the top two qualified firms for interviews. These interviews were conducted on April 24, 2016 and resulted in the selection of Brown Reynolds Watford Architects (BRW) as the most qualified respondent given the number of Fire Station projects presented. Negotiations with BRW have resulted in an Agreement to provide complete Architectural and Engineering services for the new Fire Station Number 3. Funds will be from the November 07 -26 -2016 Minutes Page - 7 - 2015 bond election funds. The total amount payable under this Agreement shall not exceed $528,800.00 plus $50,000.00 of contingency funds for a total amount of $578,800.00. Staff recommends approval of Resolution No 16 -R -53 authorizing the City Manager to execute an Agreement for the design of the new Fire Station and associated support systems in substantially the form set forth in Exhibit A of the Resolution. Mr. Gaudreau addressed questions from Council. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16 -R -53. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 9. Resolution No. 16 -R -59 — Consideration and/or action approving a Resolution authorizing Change Order 41 to the existing agreement with Thos. S. Byrne, Ltd for replacement of windows at the recreation center and approving additional repairs. (J. Kessel/P. Gaudreau) The following was read into record: RESOLUTION NO. 16 -R -59 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE APPROVAL OF AN AMMENDMENT TO THE EXISTING AGREEMENT WITH THOS. S BYRNE, LTD FOR REPLACEMENT OF WINDOWS AND GLAZING SYSTEMS AT THE RECREATION CENTER Mayor Carpenter recognized Owners Representative Phil Gaudreau who stated the goal here is to correct construction deficiencies uncovered as a result of investigating the proper installation of the new window units and to perform other measures in order to ensure the water - tightness of the entire structure. As work continues additional deficiencies may be uncovered that necessitate additional change orders that will be brought before City Council. The building was designed by the architectural firm of Munoz and Associates, the City served as the General Contractor for the project which was substantially complete in 2010.City Council awarded a contract to Thos. S Byrne to replace the existing curtain walls and associated glazing on March 22, 2016. During the course of preparing the existing building to receive the new curtain wall and associated glazing several items have come up that were not anticipated during the bidding period. The costs associated with these items are stated in Change Order #1. 1. The coping at the top of the saw -tooth wall at locations other than new window units needs to be replaced with new flashing and caulking materials. This replacement is covered under the existing contract at the new window locations. Additionally it was discovered that the caulking at the joints of the precast wall panel have started to fail and they should be raked out and replaced with material that will provide a longer life span. This is priced at $18,652.00 in PC #2. 2. The existing exterior doors for the entire facility do not meet ADA and TAS requirements for clear dimensions in the open position. These doors are being replaced under the existing Agreement. The base bid was to reuse the existing hardware on the new doors. It has now 07 -26 -2016 Minutes Page - 8 - been determined that is not in the best interest of the City moving forward due to the increased size of the new doors and that the doors will require new hardware to function correctly. This is priced at $10,737 in PC #4 3. It was discovered that the miscellaneous steel members within the building window openings were not installed correctly. These members protrude out beyond the interior face of the exterior wall opening preventing the curtain wall members from being installed with the required set -back from the outside face of exterior wall. These members must be cut out and the parapet wall and supports must be moved back toward the inside of the building envelope in order to set the new curtain wall plum and vertical. This is priced at $28,063.00 in PC #9 4. Currently there is not a concrete exit pad at door #103 and one is required for exiting under ADA and TAS. This is priced at $9,585.00 in PC #10. Funds for this item will be from the 2016 CO Bonds. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Resolution No. 16 -R -59. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 10. Ordinance No. 16 -M -26 — Consideration and/or action approving an Ordinance setting the Fee Schedule of the City of Schertz for FY 2016/17. First Reading (J. Kessel/J. Santoya/J. Walters) The following was read into record: ORDINANCE NO. 16 -M -26 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 AND ESTABLISHING FEES FOR CERTAIN LICENSES, PERMITS, AND OTHER SERVICES PROVIDED BY THE CITY OF SCHERTZ. Mayor Carpenter recognized Assistant Finance Director James Walters who stated City Departments collect a wide variety of fees for permits, services, fines and other charges that are all part of everyday operations of municipal government. Since September 2008, the fees have been incorporated into a single fee schedule. Ordinance 08 -M -43 established the consolidated fee schedule and allows for the modification of existing fees to be done by resolution while new fees are established or added to the Fee Schedule by ordinance. The Fee Schedule ordinance provides a single document with all City fees that directly affect the users. The changes to the fees ensures the continued operation of public utilities, provides for essential services to the community and to adequately maintain the investment in existing infrastructure. All changes to the fee schedule will have a 45 -day period before the new fees take into effect. This allows staff to update and advise citizens on the upcoming changes. Recommended effective date of these fee changes will be October 1, 2016. 07 -26 -2016 Minutes Page - 9 - The proposed fee changes in the General Fund are not expected to result in material revenue changes. Some of the more notable changes include increasing the fee for the Bluebonnet Hall for Friday and Saturdays by $75.000 to be more in line with other rental facilities in the area. The Library is proposing to drop the $3.00 fee for interlibrary loans to encourage the use of this program. The Marshal's office is dropping the food handler class permit fees. The Inspections Department is proposing to not charge a separate fee for solar panel reinstallation when it is being done in conjunction with a roof replacement. For the Water & Sewer Fund, the proposed Water and Sewer rate increases are expected to generate the additional revenue as seen in the Water Rate Study by Economist.corn in order to meet upcoming infrastructure needs. The water rates changed in most recent rate study performed with the upcoming changes to the direction taken by the San Antonio River Authority (SAWS) that will no longer be a customer of the Schertz Seguin Local Government Corporation (SSLGC). This change in water rates is expected to have an additional $2.37 impact per customer per month for a total of $6.93 increase in water and sewer fees, or 11% increase. The Water & Sewer Fund is a self - sustaining fund and these fee increases are necessary to support ongoing operations and maintenance as well as upcoming infrastructure improvements. EMS will increase 2% on its per capita charge to match the Medical Care Consumer Price Index (CPI) change. This additional $135,900 will allow EMS to adjust their upcoming budget to match inflation. Staff recommends approval. Mr. Walters addressed questions from Council. Councilmember Azzoz expressed his concern regarding the increase in water fees. Councilmember Fowler provided comments as to why the increase in fees were necessary. Mayor Carpenter recognized City Manager John Kessel who stated that he would propose that a workshop discussion be placed on the next agenda to talk about the SSLGC Rates and Capital Improvement projects. Mayor Carpenter recognized Councilmember Fowler who moved, seconded by Mayor Pro- Tern Edwards to approve Ordinance No. 16 -M -26 first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 11. Ordinance No. 16 -T -21 — Consideration and/or action approving an Ordinance authorizing a budget adjustment to the General Fund for the FY2015 /16 Budget. First Reading (D. Wait/D. Covington) The following was read into record: ORDINANCE NO. 16 -T -21 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO THE GENERAL FUND; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 07 -26 -2016 Minutes Page - 10 - Mayor Carpenter recognized Assistant Finance Director James Walters who stated per policy any budget adjustments between departments over $50,000 must go before council for approval. Fire Department — To authorize the advance hiring of 3 firefighters for station 3 and to cover projected overtime for the remainder of Fiscal Year 2015 -2016. The additional firefighters were proposed in a ramp up program where we hire these personnel early in order to train them to be ready to man the station once it opens. With the award of the design contract and to get a few more months of training in, staff proposes to hire these individuals now instead of proposing these hires to take effect October 1st, 2016 with the implementation of the new budget. Also, due to an increase in injuries seen in the Fire Department this year, the overtime budget is projected to go over by year end. These adjustments are proposed to come from the turnover savings of vacant Purchasing Manager and the previous Executive Director of Services position. Building Maintenance — Currently this budget is expected to be over by the year end due to many A/C failures. The funds currently spent on repairing and replacing A/C units has prevented staff from pursuing planning projects including the Library's wood siding power wash and seal and noise panels at the Civic Center. Due to a conservative approach while we are in an adjustment period for the new legal fees, funds will be moved from legal to cover the building maintenance budget. Fleet — The fleet department is also expected to be over budget by year end due to an increase in repairs to city equipment and vehicles. Emergency Services vehicle maintenance and repair has been a priority this year and has used up the available budget. The proposed adjustment will also be covered by savings in the legal services budget. Senior Center — The senior center expenses are expected to be over budget by year end. Our meal contract services were going to come at no cost to the City since the provider as to be receiving a grant. Due to circumstances on the provider's end they weren't able to provide the meals at no cost and this budget adjustment is to cover the cost of meals through the end of the fiscal year. This proposed adjustment will also be covered by the legal services budget. Oil Water Separator — The oil water separator is an in the ground mechanism used to prevent pollution when we wash vehicles in the Emergency Services yard. It was not designed to bear the weight of the new fire engines and needs to be redesigned. It is now off limits for fire and EMS emergency vehicles to drive over limiting the maneuverability of these vehicles trying to enter or exit the complex to take a call. The budget for this will be transferred from the tax abatements account and the EMS computer equipment account where we have identified areas where the budget was available and placed in a project account. Streets — To authorize the funding for the Interlocal agreement for street improvements at Borgfeld and Dietz Road in conjunction with the City of Cibolo and Schertz - Cibolo- Universal City Independent School District. The City of Schertz' portion is $67,000 and will be funded from within the Street Department from the under budget electric utility and vehicle fuel and the remaining street maintenance materials. Also to be funded is $15,000 for yellow turn signals at 3 intersections on Schertz Parkway. These funds will be transferred from savings in the land line telephone account located in IT. 07 -26 -2016 Minutes Page - 11 - There is no fiscal impact as all adjustments have been identified from existing budgets which result in no overall change in the General Fund approved amount. Staff recommends approval. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Thompson to approve Ordinance No. 16 -T -21, first reading. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 12. Acceptance of the Letter of Resignation from Councilmember Daryl John — Consideration and/or action accepting the resignation letter from Councilmember Daryl John, Place 3. (Mayor /Council) Mayor Carpenter asked Councilmember John to give a briefing to the audience of what has transpired leading up to his resignation from Council. Councilmember John stated he won his primary for the Guadalupe County Tax Assessor Collector position which means he has to step down from his Schertz City Council seat. This is a procedural process to enable the City Secretary to place this city council seat on the November 8ffi election ballot. However, he will not be vacating the seat until the actual Election Day. Each councilmember took their turn in expressing their thanks for his service to the city and wishing him good luck in his new position. Mayor Carpenter added that Councilmember John's decision to turn in his resignation notice now is saving the city approximately $20,000 by eliminating the need for a special election next May (2017) to fill the vacancy. He thanked Mr. John for making this decision now. He also said it bodes well for our new Tax Assessor Collector to take an action that saves people taxes. He also thanked him for his service. Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by Councilmember Fowler to accept the letter of resignation from Councilmember Daryl John. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. 13. Resolution No. 16 -R -60— Consideration and/or action approving a Resolution calling a Joint General and Special election to be held on November 8, 2016 for the purpose of electing Councilmembers for Place 1, Place 2 and Mayor for a three year term, new Councilmember Places 6 & 7 for a two year term and for the unexpired term of Place 3 for a one year term for said City; making provision for the conduct of the election; authorizing contracts with the Elections administrators of Bexar and Guadalupe Counties to conduct this election; authorizing the election to be held as a joint election; resolving other matters incident and related to such election; and declaring an effective date. (B. Dennis/Mayor /Council) The following was read into record: RESOLUTION NO. 16 -R -60 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, CALLING AN ELECTION TO BE HELD ON NOVEMBER 8 , 2016 FOR THE PURPOSE OF ELECTING COUNCILMEMBERS FOR PLACE 1, PLACE 2 AND MAYOR FOR A THREE YEAR TERM AND NEW COUNCILMEM 3ER PLACES 6 07 -26 -2016 Minutes Page - 12 - & 7 FOR A TWO YEAR TERM AND CALLING A SPECIAL ELECTION IN CONJUNCTION FOR THE PURPOSE OF ELECTING A COUNCILM EM 3ER FOR PLACE 3 FOR THE UNEXPIRED TERM FOR SAID CITY; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AUTHORIZING CONTRACTS WITH THE ELECTIONS ADMINISTRATORS OF BEXAR AND GUADALUPE COUNTIES TO CONDUCT THIS ELECTION; AUTHORIZING THE ELECTION TO BE HELD AS A JOINT ELECTION; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND DECLARING AN EFFECTIVE DATE Mayor Carpenter recognized City Secretary Brenda Dennis who stated the item before you is a revised Resolution calling the Joint General Election, and now with your approval of Agenda Item 12, the acceptance of Councilmember John's resignation, also calling a Special Election for November 8, 2016. The Resolution that was in your packet indicated a midnight deadline which has been corrected based on information from the Secretary of State. This resolution is for the purpose of electing the following seats: Councilmembers Place 1, Place 2 and Mayor - for a 3 year term to expire November 2019. New Councilmember Places 6 & 7 - for a 2 year term to expire November 2018. The one year unexpired term of Place 3 - term to Expire November 2017. This resolution also includes provisions for conducting the election(s) and authorizing joint contracts with the Election Administrators of (1) Bexar and (2) Guadalupe Counties. The first day to file an application for a place on the ballot in the general election was yesterday, Monday, July 25 and continues through Monday, August 22nd ending at 5:00 p.m. Applications are available in the City Secretary's office and can be found online on our City website, www.schertz.com —just click the Election Banner at the top of our home page. The first day to file an application for a place on the ballot in the Special Election is tomorrow Wednesday, July 27 and continues through Thursday, August 25th ending at 5:00 p.m. October 1 It" is the last day to submit a voter registration application in time to vote at the election or for requesting a transfer of registration in time to vote in a new precinct not in the same county and territory. The first day of early voting begins on Monday, October 24t' through Friday, November 4t' All information regarding early voting _sites will be published and made available on our website at www.schertz.com - just click the Election Banner at the top of our home page. Election Day is Tuesday, November 8, 2016. A list of voting precincts will be published in the newspaper and can also be found on our city website by clicking on the Election Banner at the top of our home page. Ms. Dennis stated it has been strongly recommended by all the Election Administrators to access your right to early vote in order to avoid waiting in very long lines on election day. It is also important to know that if you vote a straight ticket you will not be voting in our election, you must scroll down to our election ballot to vote for city candidates for office. 07 -26 -2016 Minutes Page -13 - Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked about the information regarding if you vote a straight ticket, then you won't be voting in the Schertz Election. Ms. Dennis indicated that she would be happy to coordinate with our Public Affairs Department to devise some type of communication notice regarding this. Mayor Pro -Tem Edwards also stated that he didn't see anything regarding the Comal residents. Ms. Dennis stated that once again the Guadalupe County Administrator Lisa Adam will be handling our two precincts in Comal County for our election as Comal County does not have an Elections Administrator like Bexar and Guadalupe County do. Mayor Carpenter recognized Councilmember Thompson who suggested if it is legal to do so, we could put on each voting machine that if you vote a straight ticket, you have to scroll down to fmd the City of Schertz ballot. He indicated that the more we can emphasize this to our voters the better it will be. Ms. Brenda Dennis indicated that she would get with the election administrators to see what could be done for communicating this information. Lastly, Ms. Dennis stated that if anyone was interested in serving as an Election Clerk or Judge, Guadalupe County is in need of workers and if they would reach out to her she could provide the contact information. Mayor Carpenter recognized Councilmember Thompson who moved, seconded by Councilmember Fowler to approve Resolution No. 16 -R -60. The vote was unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and Thompson voting for and no one voting no. Motion passed. Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for agenda items 1 through 13. Executive Session 14. Council did not meet in executive session. Requests and Announcements 15. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No further announcements were made. 16. Future Agenda Item Request for City Council: This is an opportunity for City Council members to request that items be placed on a future agenda. No discussion of the merits of the item may be taken at this time. Should a Council Member oppose placement of the requested item on a future agenda, the Mayor, without allowing discussion, shall ask for the consensus of the other City Council members to place or not place the item on a future agenda. 07 -26 -2016 Minutes Page -14 - Mayor Carpenter recognized Councilmember Thompson who stated that at an earlier time we had discussions regarding a Food Truck Ordinance and he would like an update at an upcoming meeting on how that is progressing. Mayor Carpenter recognized Councilmember Azzoz who stated a while back Councihnember Thompson asked for an update on a gentleman that spoke at a past city council meeting regarding a police incident that he had. He doesn't recall receiving this information. Executive Director Dudley Wait indicated that the information was provided via email to the Council but he will send the information to Councilmember Azzoz again. Councilmember Azzoz also asked for updated information regarding the investigation of the Gutierrez case. 17. 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 Mayor Carpenter recognized Councilmember Fowler who congratulated Councilmember Azzoz on the successful Police Fundraising event he held yesterday. Mayor Carpenter recognized Councilmember Azzoz who stated that Councilmember Fowler said it all and he concurred that the fundraising event was very successful. Adiournment Mayor Carpenter adjourned the meeting at 7:51 p.m. Nffc ael Carpenter, Mayor renda Dennis, City Secretary 07 -26 -2016 Minutes Page - 15 -