09-05-2017 MinutesAMENDED MINUTES
REGULAR MEETING
September 5, 2017
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
September 5, 2017, 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 Mark Davis
Councilmember Scott Larson
Councilmember Angelina Kiser
Staff Present:
Executive Director Brian James
City Attorney Charles Zech
City Secretary Brenda Dennis
Mayor Pro -Tem Cedric Edwards
Councilmember Ralph Gutierrez
Councilmember Robin Thompson
Councilmember Bert Crawford
City Manager John Kessel
Executive Director Dudley Wait
Assistant to the City Manager Sarah Gonzalez
Call to Order — City Council Regular Session
Mayor Carpenter called the meeting to order at 6:00 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. ( Councilmember Gutierrez)
Councilmember Gutierrez provided the opening prayer followed by the pledges of allegiance to
the flags of the United States and the State of Texas.
Mayor Carpenter recognized Boy Scout Austin Daakae, with Troop 51 who was in the audience
this evening working on his Citizenship in the Community Merit Badge. Mayor and Council
welcomed him.
City Events and Announcements
Announcements of upcoming City Events (B. James/D. Wait /S. Gonzalez)
Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided
the following announcements:
Thursday September 7th
Groundbreaking (New addition) Ceremony for Founders Classical Academy 8:00
a.m. 8435 E. 1518 North, Schertz
Friday, September 8'
Ribbon Cutting — 3009 Hair Lounge 4:30 pm
2901 Ashley Oak Drive
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Saturday, September 9"
Paws in the Pool Noon - 4:00 pm
Pickrell Park Pool
Sunday, September 10th
Paws in the Pool Noon - 4:00 pm
Wendy Swan Park Pool
Tuesday, September 12'
City Council meeting — 6:00 p.m.
Saturday, September 16'
Schertz
Pickrell Park
SAVE THE DATE:
Friday, September 29'
Star Party 7:30 pm -10:00 pm
Crescent Bend Nature Park
Thursday, October 26th
Simonson Volunteer Appreciation Dinner 6:30 pm
Schertz Civic Center
Friday and Saturday, October 27 -29
Skylight Balloon Fest
River City Community Church Grounds, 16765 Lookout Road, Selma
Election Information
October 9th -Last day for submitting Voter Registration Application in time to vote in the
November 7, 2017 Election and last day for requesting Transfer of Registration in time to
vote.
October 23, 2017 -First day in which Early Voting begins. Information regarding Early
Voting locations and times and Election Day locations will be posted on our city website.
• Announcements and recognitions by City Manager (J. Kessel)
City Manager John Kessel provided kudos and shout out to new Public Works Employee
Elmo Bendale for stopping and assisting EMS Director Jason Mabbitt who had stopped to
pick up several tree branches that were on FM 3009.
New Employee Recognition
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Animal Services — Animal Services Officer — Patrick Ferry (D. Hernandez)
Human Resources — Human Resource Manager — Lindsey Cox (J. Kurz)
Parks, Recreation and Community Services — Park Maintenance Crew Leader - Jared
Montney (C. VanZandt/L. Shrum)
Public Works — Street Worker 1— Richard Rodriguez (J. Hooks/D. Letbetter)
Each Department Director came forward and provided a brief bio of each new staff
member. Mayor and Council welcomed everyone aboard.
Hearing of Residents
Mayor Carpenter recognized the following who commented on a recent inappropriate face book
post from a Councilmember:
• Mrs. Clare Layton, 12231 Lost Meadows Drive
• Mrs. Diana Taylor, 5505 Columbia Drive
Mrs. Taylor also stated that there are still problems in her neighborhood with homes,
construction workers working at odd hours and condition of the roads as well as speeding.
Mr. Grumpy Azzoz, 528 Wayward Pass
Mayor Carpenter recognized the following who spoke in favor of funding a Local Flavor Small
Business Grant Program:
• Mrs. Maggie Titterington, The Chamber President
Mrs. Titterington also reminded everyone that October 11, 2017 is Meet the Candidates
for Schertz City Council as well as the SCUCISD School Board — please respond to the
Chamber so that you can get registered, event will be held at the Schertz Civic Center.
® Mrs. Hengam Stanfield, 6044 FM 3009 —spoke on funding the Local Flavor Program.
Mayor Carpenter recognized the following who addressed council regarding other issues:
Mrs. Michele Tereletsky, 705 Marilyn Drive — who addressed Council regarding
accessibility concerns for the "No Name Park" off Schertz Parkway.
Dr. David Scagliola, 3418 Foxbriar Lane — who addressed Council regarding being a
candidate for the upcoming November Election.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who asked for a point of privilege to read
a statement and give Councilmember Thompson an opportunity to address the citizens and their
concerns and or comments.
Mayor Carpenter reminded those wishing to speak on this issue to be mindful of the Texas Open
Meetings Act and its provisions. If you are commenting on anything that is not already on the
agenda — that it is still the law of the land.
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Mayor Pro -Tem Edwards read the following:
"It's said that the appearance of being better than others is so dangerous but even more dangerous
is to appear to have no faults and no weaknesses. I accept that, nothing is certain in life and we
aren't guaranteed to see tomorrow. So, I ask that we as body let grace prevail so let he who is
without sin cast the first stone.
As a community leader, as a business owner, a father, husband and brother to many people of all
walks of life, I understand the emotional and psychological harm that can happen with a single
social media post. I have trained my children to be aware of pressing enter without thoughtfully
considering all the consequences and ramifications. I have always been a Schertz and surrounding
community first type of leader. It is not about the City of Schertz, any position he holds, nor
personal gain or gratification, and it certainly cannot be about one mistake. He says this because
his sins are too numerous to count and he too has fallen short and don't truly deserve mercy, grace
or forgiveness provided by almighty God. He is all in for Schertz as a community and I am all in
for a positive pressure to create a culture of excellence. I will always encourage the openness and
transparency with our leadership and our citizens. They deserve nothing less. An unfortunate face
book post cannot be our defining moment. I believe the way you carry yourself will often
determine how you are treated in life, and in the long run appearing racially insensitive or
demeaning will make people disrespect you.
A leader respects himself and inspires the same sentiment in all and even others. By acting with
respect of others and confident in their power, when and when not to use them, you make yourself
destined for a higher calling and a higher purpose. I will protect the shield that says Schertz and I
don't believe Councilmember Thompson or anyone else on the Council or in this community will
want anything less."
Mayor Pro -Tem Edwards stated that he would like to give Councilmember Thompson the
opportunity to address the Council in either open or closed session and then publicly address the
attendees in the Council Chambers.
Mayor Carpenter stated that before he goes on, when he considers the Councils Rules of
Procedures at a time like this, he is going to state, "that they are now at Item 13, Announcements
by Mayor and Councilmembers ", and will afford an equal opportunity to any and all
Councilmembers who would like to speak at this time under item 13.
Requests and Announcements
13. 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
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Mayor Carpenter recognized Councilmember Thompson who stated that one of his goals
in coming on Council was to be a person of integrity and compassion, whose overall goal
was to help bring people together for the common good. He believes that he has
accomplished that the majority of the time that he has been up here.
He stated that tonight marks the 0' time in his life that he has been called a racist. The first
time he was called a racist was when he was in Georgia where he and his wife had gone to
be with a church, which was in a white community in a black neighborhood. They reached
out to the neighborhood and when his one -year review came up, his numbers were up and
everything was going good. He was called in by the church leaders, and forgive the
language I am going to use, but it was exactly what was said to me. `We are firing you
because you are encouraging * * *'s to drink our water and use our bathrooms, by bringing
these black kids into the church.' He was fired on the spot for reaching out to blacks,
reaching out to the neighborhood, for reaching out to children of all color. For that he was
called a racist.
The second time he was called a racist, he was also in a church — singing `Jesus Loves the
Little Children.' Someone approached him saying he didn't realize he was such a racist.
The person said you are singing a song of red, yellow, black, and white —but the song
shows you are a racist because it doesn't include the word brown. Therefore, you and your
church must be racist and not want Hispanics in the church.
The third time he was called a racist, was a few years ago when the `Black Lives Matter'
did begin to come up. He believes that all lives are created in the image of God, and
hence, he said, `All Lives Matter' online. Again, he was criticized for being racist.
Tonight marks the fourth time. The post he shared was not meant in any form or manner to
be racist. It was inappropriate and a personal/Facebook friend told him about it. He
looked at it and said, `I never thought of it in that light.' He apologized online to him and
deleted it and didn't think much about it. He accepted his apology and they both went on.
The furor erupted over this post when a former Councilman put it online. Councilmember
Thompson stated that his question is "why would you edit it so carefully as to leave out
the online apology ?" Interesting question, that is for Mr. Azzoz to answer and not him.
Because it was an online post that was inappropriate, he chose to ask apologies online,
because it involves The Chamber, the City Council he will seek that same apology before
The Chamber and before the Council. If a person knows who he is, they realize he is not
racist.
For the last 40 plus years he has tried to bring people of all color, all gender, all
background, all social class into the body of Christ, because he believes Christ and his
Church is the great equalizer on this earth. That is his goal and will continue to strive to
reach every group because the book of "Revelations" tells us that one day every knee,
every tongue, every tribe, every gender, every race are going to bow before Jesus Christ.
Ultimately, we answer to him. Tonight, he answers to his Father in Heaven, he answers to
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his spouse, his children, to the citizens of this community and he thanks everyone for the
opportunity of hearing him.
Mayor Carpenter recognized Councilmember Gutierrez who stated as a Councilmember
he is held accountable and has a responsibility to address comments posted on Facebook.
Councilmember Thompson has realized his comments were interpreted as insensitive and
has taken full responsibility for his actions. Councilmember Thompson has apologized for
making these remarks. It is normal to question ourselves in situations wondering whether
we heard the person right or if it was just a joke. The true question is how this person
normally interacts with others, his character his integrity unselfishness and compassion. I
have known Councilmember Thompson since he was elected into this position is and he
has personally assisted him in his transition of this new role. Councilmember Thompson
has earned his respect as a person, a businessman and City Council. He has a willingness
to do what is best for the city. He has supported our police and fire departments. He has
supported our military and our senior citizens. Mr. Thompson has a good heart. Some
citizens have requested City Council to take some kind of action regarding this matter, but
be aware politics and elections over inflate actions. Many attempt to take advantage to
discredit their less desirable candidate; many of us have made comments that we later
regret. He can appreciate how hurt, how angry, how frustrated and how disappointed
many of you may be. He appreciates his apology and his willingness to make amends and
we all know -an apology is the super glue of life. Councilmember Gutierrez thanked
everyone.
Mayor Carpenter recognized Councilmember Kiser who stated that she hears people all
the time say I'm not racist and then they put a Facebook post up that is racist. Or they say
something that is racist and say but I'm not racist. She is not saying that Councilmember
Thompson is racist. What he put up there was completely inappropriate, and when she
hears someone say well if someone hadn't reposted it, well its motivated by politics, that
means that that person is not taking responsibility.
The post was made by Councilmember Thompson, that's the bottom line. He put it up
there, that's where the blame lies. She is not going to put the blame on someone who
responded and said it was inappropriate. She is not going to put the blame on someone
who took a screen shot. That's not where the blame lies.
Someone needs to take responsibility and hopefully he is, she doesn't know, because when
someone does something like that and she sees a post online, even the apology saying
what I learned was, and she is paraphrasing was that I need to be careful about what I post
on Facebook, for her that is not an apology. That is saying I got caught and people didn't
like what I posted and I need to be careful what I post. So, someone with integrity takes
responsibility, and yes, she believes in grace and compassion but like she has taught her
children, when you do something wrong there are consequences. Right now, what she is
hearing is there should be no consequences, let's just accept an apology.
She doesn't know too many people that can go before a judge after robbing a bank and say
I'm sorry and the judges says ok apology accepted, bye. There are consequences. When
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we do something wrong, there should be consequences. Yes, we have all made mistakes,
she agrees, but when we don't take responsibility, when we don't have any consequences
for those poor, actions and bad judgment, I don't think that we learn that much. She is
sorry that just to be able to sit up here and say I'm sorry, she doesn't think that is a
consequence.
Mayor Carpenter recognized Councilmember Crawford who asked if they were going to
discuss this in any kind of executive session tonight? Mayor Carpenter answered, we are
not posted to do so. Councilmember Crawford asked if we could post it for next week and
the reason he asks is, like his fellow Councilmember and maybe Mayor Pro -Tem Edwards
who spent six years in the Air Force, Councilmember Gutierrez spent 15 years in the Air
Force and he spent 38 years in the Navy, that comment about being responsible for our
actions. We lived in the military and others in the chambers lived in the military, we lived
under two sets of rules, Uniform Code of Military Justice and the US Civil and Criminal
Code. Being held to a higher standard and being responsible for our actions, being
accountable and sitting here, we have a level of authority, do we need to be responsible for
what we do and do we need to be accountable for how we do it. Yes, he has lived that way
for 38 years and yes, he made some mistakes, yes, we all make mistakes but when he did
make a mistake, he would state that he did make the mistake and here is what I did to fix it
and keep going, and if there was a penalty, he would take the penalty. He believes the
discussion of what we do when someone makes an apology on a serious issue, that's fine
and acceptable to make that apology but there is a consequence to this. A lady walked out
of this chamber a while ago, she was not happy, he hated to see this. The question is do
we need more discussion asking Councilmembers Davis, Larson and Edwards.
Mayor Carpenter inter] ected stating that when we come back around to item 12 where we
have the ability of placing items on a future agenda, he can bring it up then, and if no
objection, it will be placed on the agenda. Councilmember Crawford thanked the Mayor.
Mayor Carpenter moved back the regular portion of the agenda.
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.
Minutes — Approval of the minutes of the Regular Meeting of August 29, 2017. (J.
Kessel/B. Dennis)
2. Ordinance No. 17 -T -29 — Consideration and/or action approving an Ordinance
authorizing an amendment to the FY 2016 -17 General Fund to create and fund four
additional Crossing Guard positions. Final Reading (D. Wait/J. Walters/M. Hansen)
The following was read into record:
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Mayor Carpenter recognized Councilmember Davis who moved, seconded by
Councilmember Thompson to approve consent items 1 and 2. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson,
Thompson, Kiser and Crawford voting for and no one voting no. Motion passed.
Discussion Items
3. Ordinance No. 17 -T -30 — Consideration and/or action approving an Ordinance on the
proposed FY 2017 -18 Budget. Final Reading (B. James /J. Walters)
The following was read into record:
ORDINANCE NO. 17 -T -30
AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30, 2018, IN
ACCORDANCE WITH THE CHARTER OF THE CITY OF SCHERTZ, TEXAS;
PROVIDING FOR THE FILING OF THE BUDGET; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Finance Director James Walters who once again went over
the highlights of the budget PowerPoint presentation he delivered at the last city council
meeting on August 29. There have been no further changes to the proposed budget.
Mr. Walters stated one update is that staff will be proposing to Council that the electronic
sign be repaired with funding left over from the building repairs fund from the 2006 Bond
which was used to repair the Recreation Center windows. He included this information as
this was one of the items on the lists previously provided to Council that was not funded in
this year's general fund budget. Again, we were able to find funding from left over repair
funds. No action on the budget is necessary for this item.
Mr. Walters stated that before Council takes action we have some discussion to think
about which includes some of the non - funded program/position examples, these are in no
particular funding order, just wanted to bring these back to Council for consideration:
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• Park Workers
• Recreation Coordinator
• Agenda Software
• Local Flavor /Small Business Assistance
• Additional Library Materials
• Social Media Archiving
• OpenGov
This is not the entire list nor in any order, Council has seen the entire list and it was closer
to 100 items.
Mr. Walters stated funding of any additional items at this time would require some kind of
cut or reduction of a different program within the City budget. If Council wishes to fund
one of these items, they will also need to consider the impact of those changes. Council
can consider funding some these items as non - funded items, but would not go into the
budget directly but we would keep an eye out on these as we go forward if we were able to
identify any additional funding or additional savings in other areas as it would open it up
for Council fund some items on the list more towards the mid -year or wait and consider
any of these items at a future budget
Mayor Carpenter recognized Councilmember Larson who provided his comments
regarding not funding the Local Flavor Program this year but requests being put on table
of conversations for future budgets and when money is available.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who provided an idea, thinking
outside of the box as to ways to spread some money around over the different programs on
fund some of the 100 -item wish list.
Mayor Carpenter recognized Councilmember Davis who agreed with Mayor Pro -Tem
Edwards but stated that the unfunded items we are talking about now are a moot point for
the proposed 2017 -2018 budget, because we didn't include it in there so it is obviously
something we are going to have to adjust for the near future. He stated that back on the 2nd
of May we had a great presentation from EDC that talked about these issues and he has
some notes and would like to propose something for a future Council meeting where we
can address these small business options. Let's get it on an agenda so we can discuss
possible funding streams or timelines as we go forward.
Mayor Carpenter recognized Councilmember Gutierrez who moved, seconded by
Councilmember Davis to approve Ordinance No. 17 -T -30 fmal reading. The vote was
unanimous with Mayor Pro-Tent Edwards, Councilmembers Davis, Gutierrez, Larson,
Thompson, Kiser and Crawford voting for and no one voting no. Motion passed.
4. Ordinance No. 17 -T -31 — Consideration and/or action approving an Ordinance on the
proposed FY 2017 -18 Tax Rate. Final Reading (B. James /J. Walters)
The following was read into record:
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Mayor Carpenter recognized Finance Director James Walters who also provided his
PowerPoint presentation in regard to the FY 2017 -18 tax rate.
Mayor Carpenter recognized Councilmember Larson who moved, seconded by
Councilmember Gutierrez to approve Ordinance No. 17 -T -31 final reading. The vote was
unanimous with Mayor Pro -Tern Edwards, Councilmembers Davis, Gutierrez, Larson,
Thompson, Kiser and Crawford voting for and no one voting no. Motion passed.
5. Ordinance No. 17 -M -34 — Consideration and/or action approving an Ordinance
authorizing the amendment of GASB 54 Fund Balance Standards, Applications, and
Policy of the City of Schertz. Final Reading (B. James /J. Walters)
The following was read into record:
ORDINANCE NO. 17 -M -34
AN ORDINANCE AUTHORIZING THE AMENDMENT OF GASB 54 FUND
BALANCE STANDARDS, APPLICATIONS, AND POLICY OF THE CITY OF
SCHERTZ; AND RELATED MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Finance Director James Walters who stated this proposed
ordinance will replace the previous policy with an updated one. The same definitions of
the fund balance types and the requirement to return to a minimum fund balance within 5
years is still part of the policy. The updated sections include additional definitions, a new
minimum requirement of 26% of operating expenses, and a more detailed outline for the
building up and use of the unrestricted fund balances.
The notable section updates will be the new requirement to stick as close to the 26%
requirement unless Council has authorized additional savings above the target. Another
notable section will be the breakdown of the 26% requirement into 2 parts; 1% for
contingency to be used for emergencies and 25% for declared disasters in the City.
Mr. Walters provided a brief PowerPoint presentation.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who moved, seconded by
Councilmember Crawford to approve Ordinance No. 17 -M -34 final reading. The vote was
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unanimous with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson,
Thompson, Kiser and Crawford voting for and no one voting no. Motion passed.
6. Resolution No. 17 -R -78 — Consideration and/or action approving a Resolution
authorizing a Memorandum of Understanding with the 502d Air Base Wing and the City
of Schertz Police Department. (D. Wait/M. Hansen)
The following was read into record:
RESOLUTION 1 THE '
TEXAS AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH
THE 502d AIR BASE WING, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Police Chief Michael Hansen who stated this is a renewal of
the existing MOU with the security forces at Joint Base San Antonio - Randolph.
Mayor Carpenter recognized Councilmember Thompson who moved, seconded by
Councilmember Kiser to approve Resolution No. 17 -R -78. The vote was unanimous with
Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson, Thompson,
Kiser and Crawford voting for and no one voting no. Motion passed.
7. Resolution No. 17 -R -79 — Consideration and/or action approving a Resolution
authorizing the purchase of Ambulances from Siddons -Martin Emergency Group. (D.
Wait /J. Mabbitt)
The following was read into record:
RESOLUTION NO. 17 -R -79
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE PURCHASE OF AMBULANCES FROM
SIDDONS -MARTIN EMERGENCY GROUP AND OTHER MATTERS IN
CONNECTION THEREWITH
Mayor Carpenter recognized EMS Director Jason Mabbitt who stated as part of the EMS
Departments ambulance replacement plan, it was determined that two new ambulances
would need to be purchased in FY 2017.
The EMS Department currently has a fleet of eight (8) ambulances (a 9th ambulance is
inoperable and not included in the count), five (5) of these ambulances are "Front line" or
are in- service at any given time which leaves a reserve fleet of three (3) ambulances. A
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goal is to have 4 reserve ambulances. Mileage for these ambulances range from 46,000
miles to over 210,000 miles.
In deciding how to move forward, we spoke with the Fleet Department and the EMS
employees and it has been decided to purchase these two new ambulances from Siddons-
Martin Emergency Group. Siddons -Martin Emergency Group is a HGACBuy Purchasing
Cooperative program participant and they are the Texas dealer for Road Rescue
Ambulances. EMS Director Mabbitt addressed questions.
Mayor Carpenter recognized Councilmember Davis who moved, seconded by
Councilmember Crawford to approve Resolution No. 17 -R -79. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson,
Thompson, Kiser and Crawford voting for and no one voting no. Motion passed.
8. Resolution No. 17 -R -80 — Consideration and /or action authorizing the Police Department
to apply for a 2017 -18 fiscal year grant through the Office of the Governor — Criminal
Justice Division. (D. Wait/M. Hansen)
The following was read into record:
RESOLUTION NO. 17 -R -80
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE APPLICATION FOR A CRIMINAL JUSTICE
DIVISION OF THE TEXAS GOVERNER'S OFFICE GRANT, AND OTHER
MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Police Chief Michael Hansen who stated in response to
recent events such as the 2016 shooting of police officers in Dallas, Senate Bill 12 passed
during the 85f Legislature and was signed by Governor Abbott. This authorized the
Criminal Justice Division of the Governor's Office to create a grant program for the
purchase of rifle- resistant body armor. Applications are now being accepted for these
grant funds.
The grant is a reimbursement grant that will cover the expenditures to outfit those
assigned to patrol and tactical units with rifle - resistant body armor. Staff recommends
approval of the attached Resolution authorizing the application with the Office of the
Governor - Criminal Justice Division for rifle - resistant body armor.
If the grant is awarded, an ordinance would be presented to amend the budget authorizing
funds for the purchase of rifle- resistant body armor. The amendment would adjust the
budget to include the purchase of 43 body armors at $2,000 each for a total expenditure of
$86,000 which would then be fully reimbursed by the grant.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Kiser to approve Resolution No. 17 -R -80. The vote was unanimous with
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Mayor Pro -'Tem Edwards, Councilmembers Davis, Gutierrez, Larson, 'Thompson,
Kiser and Crawford voting for and no one voting no. Motion passed.
9. Resolution No. 17 -R-81 — Consideration and/or action approving a Resolution authorizing
an amendment to the Professional Services Agreement with Cobb, Fendley & Associates,
Inc., relating to Engineering Design Services for the Woman Hollering Creek Wastewater
Line Project. (B. James/K. Woodlee)
The following was read into record:
Mayor Carpenter recognized City Engineer Kathy Woodlee who stated the City of Schertz
is undertaking a project to construct a sanitary sewer system to collect and convey
wastewater to the planned Cibolo Creek Municipal Authority (CCMA) water reclamation
plant to be constructed off of Trainer Hale Road in southern Schertz. The system will
consist of a gravity wastewater line from the existing lift station at the Sedona Subdivision
at FM 1518 near the Woman Hollering Creek, approximately 11,500 feet to near the
intersection of Woman Hollering Creek and the IH 10 right -of -way, a new lift station, and
approximately 6,000 feet of force main from the lift station to the CCMA plant. The
project will also include an additional gravity line approximately 1,500 feet in length
along an unnamed tributary of Woman Hollering Creek that will connect to the primary
gravity main. This system will provide the initial wastewater flow to the new CCMA
plant and is necessary for the plant to begin operation and allow the existing Woman
Hollering Lift Station at Sedona to be taken out of service.
In September 2015, the City authorized a contract for professional services with Cobb,
Fendley & Associates, Inc. (CobbFendley), to provide professional services including
engineering, land surveying, geotechnical sampling, environmental investigation, and
easement acquisition services related to the design and construction of the Woman
Hollering Creek Wastewater Main Project.
During the initial planning and pre - design activities, field observations and meetings with
stakeholders led to the investigation of alternative alignments. After working with
property owners and direction from City Council to consider alternatives, a new
conceptual alignment has been identified and vetted by CobbFendley and City Staff.
Some factors leading to the recommended new alignment include avoidance of significant
trees and tree groupings . and consideration of impact to land uses of properties on which
the project will be constructed.
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Moving forward with the new alignment and associated coordination, requires additional
professional services including additional preliminary engineering, land surveying, one
additional geotechnical bore, and additional right of entry services.
The City is ready to move forward with the remainder of the Engineering and Design
phase of the project. This phase includes completion of the land survey, environmental
investigation, geotechnical investigation, easement acquisitions, and final construction
design. The scope of work for the Engineering and Design Agreement also includes bid
and construction phase services.
Attachments to this memo include the scope of additional services, an exhibit depicting
the original and revised line alignments, and an updated project schedule. The schedule
currently anticipates completion of the initial portion of the system by late 2018 and
acceptance of the entire project by late 2019. The project will include phased completion
of construction to expedite flows to the CCMA plant.
Amended Woman Hollering Creek Wastewater Line Project Budget
Engineering and Design Services
$ 589,850
Additional Professional Services
$ 42,741
Legal
$ 5,000
Advertising
$ 1,000
Other Prof. Services
$ 5,000
Contingency
$ 60;088- $17,259
Easement Acquisition Prof. Services
$ 183,300
Easement Acquisition
$ 150,000 (Estimated, Excludes Condemnation)
Construction
$4,496,274 (Estimated)
Construction Contin enc_y
$ 450,000
Project Total
$5,940,424
Staff recommends authorization of the amendment to the project agreement with
CobbFendley for the additional services requested to move forward with the new
alignment of the Woman Hollering Creek Wastewater Line as identified in the
attachments hereto. Ms. Woodlee addressed questions.
FISCAL IMPACT
The project costs, including Engineering and Design, is funded with a combination of
Capital Recovery and Certificates of Obligation Funds/Water Revenue. Costs for the
additional services are within the originally presented budget as project contingency.
Capital Recovery: $2,940,424 (Estimated)
Certificates of Obligation: $3,000,000
Mayor Carpenter recognized Councilmember Gutierrez who moved, seconded by
Councilmember Thompson to approve Resolution No. 17 -R -81. The vote was unanimous
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with Mayor Pro -Tem Edwards, Councilmembers Davis, Gutierrez, Larson,
Thompson, Kiser and Crawford 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 vote
for agenda items 1 -9.
Closed Session
10. City Council will meet in closed session under Section 551.071 of the Texas Government
Code, Consultation with the City Attorney to discuss:
a. The legal parameters of municipal regulatory authority under SB 1004, relating to
the deployment of network nodes in public right -of -way, and possible legal
challenges to the implementation.
b. Proposed settlement agreement received in regard to former employee Michael
Harris.
Mayor Carpenter convened into Closed Session at 7:48 p.m.
Reconvene into Regular Session
Mayor Carpenter reconvened into Regular Session at 8:48 p.m.
10a. Take any action based on discussions held in closed session under Agenda Item 10.
No action taken.
Requests and Announcements
11. Announcements by City Manager.
No further announcements were made.
12. 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 shall instruct the City Secretary to
place on the agenda for the next regular session an item to discuss the merits of placing the
item that was objected to on a future agenda for full consideration.
Mayor Carpenter recognized Councilmember Davis who stated that back on the 2nd of
May we had a great presentation from EDC that talked about different potential funding
programs from either EDC or the general fund. On one of the slides they presented was a
recommendation of a proposal for economic development opportunities for
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entrepreneurship, small businesses, existing businesses in target areas, he asked if we
could in the near future he would like to see some draft proposals coming from the city
staff and EDC on what those four areas would look like with recommended amounts,
recommended funding streams if any that would allow us to look at implementing some of
those programs for our community.
Mayor Carpenter recognized Councilmember Crawford who requested an executive
session to discuss censure.
Mayor Carpenter recognized City Attorney Charlie Zech who stated to be clear you can
request an agenda item and then decide whether you want to go into executive session and
the individual subject to that has the right to have that discussion in open session.
Councilmember Crawford requested that this be placed on the agenda to discuss the
censure and issues of social media.
Mayor Carpenter stated that we will not be able to talk about policy matters in executive
session this would be a discussion about an individual and an individual act.
Councilmember Crawford stated that there is a lack of information in our Charter and
under our Ethics ordinance that talks about censure and what it means and what happens.
Mayor Carpenter answered and stated that the only thing that we can do is under Section
551.074 is have an executive session scheduled to talk about personnel matters involving a
particular Councilmember. City Attorney concurred, Councilmember Crawford concurred
with respect regarding the issue that was discussed this evening.
Mayor Carpenter recognized Councilmember Larson who objected to having this placed
on the agenda.
Mayor Carpenter stated that pursuant to that objection, under item 12 it says if objection is
made by one or more members of the City Council, the Mayor shall instruct the City
Secretary to place on the agenda for the next regular session an item to discuss the merits
of placing the item that was objected to on a future agenda for full consideration. So, on
our next agenda we will need to have an agenda item for the Council to take that action
and discuss the merits of having said executive session at a future meeting.
Councilmember Crawford .stated that he has another request that he would like to have
placed on the agenda a discussion about going back to our previous procedure for putting
things on the agenda, where anybody can ask to have something put on the agenda without
having to go through a delaying tactic.
Mayor Carpenter recognized Councilmember Thompson who objected.
Mayor Carpenter paused and stated that he was considering whether or not it would be
appropriate or not having a discussion on our rules of procedure, generally speaking.
Mayor Carpenter stated that on our next agenda an item be placed for the discussion of
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whether on not we will put a discussion of the City Councils Rules of Procedure on a
future agenda.
13. 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 Larson who stated that he unexpectedly
witnessed a play this week. It turns out the play was a political drama with some
unscrupulous individuals putting selfish ambitions above the community good. It was
interesting but distasteful. I give it 0 five stars, I am sad I had to see it and I hope there is
not sequel.
Mayor Carpenter recognized Councilmember Crawford who stated that he attended the
TFMA Certification for Flood Plain Management this last week with a couple of city staff.
Adiournment
As there was no further business, Mayor Carpenter adjourned the meeting at 8:58 p.m.
4chae'IR.'Carpenter, Mayor
ATT
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rrenda Dennis, City Secretary
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