ccreg 9-19-06
MINUTES
REGULAR SESSION
September 19, 2006
The City of Schertz Council convened in Regular Session on Tuesday September 19,
2006 in the Municipal Complex Chambers at 7:00 p.m., 1400 Schertz Parkway
Building # 4 Schertz, Texas. The Following Members were present: Mayor Hal
Baldwin presiding, Council Members Jim Fowler, David L. Scagliolia, Reginna
Agee, Tony Wilenchik and Michael Carpenter. Also present were City Manager
Don Taylor, Assistant City Manager John Bierschwale and Judy Tokar City
Secretary.
#1 CALL TO ORDER.
Mayor Pro Tern Carpenter called the meeting to order at 7:00 p.m., due to Mayor
Baldwin's absence.
#2 PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND STATE
OF TEXAS
Mayor Pro Tern Carpenter led the pledges of allegiance.
Public Hearing opened at 7:02 p.m.
#3 PUBLIC HEARING:
To receive public comment regarding the proposed fiscal year 2006-2007 budget.
Mr. Bierschwale, Assistant City Manager reviewed the total revenue of all funds,
$33,640,395.00, 37% General Fund for a total revenue of $12,485,925.00. Sales Tax
Revenue increased 26% and other taxes increased by 34%. The Water & Sewage
revenues will be $10,419,548, and Drainage revenues and expenses will be $351,704.00.
The Schertz EMS revenues will be $4,925,393.00, along with Park, Recycle and Hotel
revenues averaging $363,125.00. Last the Schertz Economic Distribution Corporation
will be earning $1,513,821.00 in revenues this year.
Robert Brockman 1000 Elbel Road, asked where the 1.5 million Economic Development
Corporation funds would come from?
Mr. Taylor responded that the money for Economic Development Corporation comes
from sales tax.
Public Hearing closed at 7: 11 p.m.
Mayor Baldwin arrived at 7:12 p.m.
Regular Session 09-19-2006
#4 INTRODUCTION OF EMPLOYEES:
Chief Starr introduced the following promoted police department employees. Brian
Onofre and Steve Solito were promoted to Corporal, Michael Carey was promoted to
Lieutenant and Captain Todd was promoted to Assistant Chief.
#5 HEARING OF RESIDENTS;
Sharon Penninlrton President of Schertz Chamber of Commerce announced the
following grand openings;
. Sue's Cafe Lunch on October 2, 2006.
. Souper Supper on October 2, 2006.
. Silvertree Nursing Home on October 12, 2006.
· Invited Council to the Schertz September Showcase October 30, 2006.
. World's Biggest Group Hug Noon-2 pm
Jim Simon- 354 Frank Baum, said he appreciated Council's positive feedback at the last
meeting and was in favor of in banning hunting.
#6 APPOINTMENT: Discussion and action upon appointments to the Schertz
Youth Commission and re-appointment of the existing eleven commission
members. Presenter: Jonette Ellis
Mrs. Ellis stated the ordinance calls for two more members to be appointed to the Schertz
Youth Commission, those chosen were Michael Slater and John Rippetoe. Also all of the
current eleven members have been re appointed at this time.
Comments were shared by Emily Furille (president) and Vice President Travis Lewis.
Mrs. Ellis and Mrs. Pennington both stated, "They were honored to work with the Youth
Commission and their meetings have been very successful".
Council Member Agee made a motion, seconded by Council Member Fowler, to appoint
Michael Slater and John Rippetoe to the Schertz Youth Commission. The vote was as
follows:
AYES: Council Members Jim Fowler, David 1. Scagliolia, Reginna Agee, Tony
Wilenchik and Michael Carpenter.
NAY: None
#7 APPOINTMENT: Discussion and action on appointments to the Board of
Adjustment. Presenter: Leonard Truitt
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Mr. Leonard Truitt and the Board of Adjustment mernbers would like to recommend
reappointing the three current mernbers to the board, which are Joe Poternpa, Norman
Slocum and James Harden Jr.
Council Mernber Wilenchik asked why all the applications were not given to thern in
their packets?
Mr. Truitt said he would have everyone who applied included in the packet for the next
meeting.
Council Mernber Wilenchik made a motion, seconded by Council Mernber Agee to
nominate Clovis Haddock and Paul Oncale. The vote was as fonows:
A YES: Council Mernber Tony Wilenchik.
NA YES: Council Mernber Jim Fowler, David Scagolia, Reginna Agee, and Michael
Carpenter.
Mayor Pro Tern Carpenter made a motion, seconded by Council Mernber Wilenchik to
postpone !tern # 7 until the next workshop Septernber 26, 2006. The vote was as fonows:
AYES: Council Mernbers Jim Fowler, David 1. Scagliolia, Reginna Agee, Tony
Wilenchik and Michael Carpenter.
NAY: None
#8 ORDINANCE: Discussion and action on fmal reading of an ordinance
providing that the Code of Ordinances of the City of Schertz, Texas be
amended by revising Section 86-118, Maximum Limits in School Zones
(Green Valley Road).
Council Mernber Fowler made a motion, seconded by Council Mernber Agee to approve
the amendment of the City of Schertz, Texas Code of Ordinances by revising Chapter 86-
118, Maximum Limits in School Zones (Green Vaney Road) with a repealing clause.
This carried with a vote of the fonowing:
AYES: Council Mernbers Jim Fowler, David 1. Scagliolia, Reginna Agee, Tony
Wilenchik and Michael Carpenter.
NAY: None
#9 ORDINANCE: Discussion and action on emergency reading of an ordinance
adopting a 380 Program.
Mr. Michael Spain, City Attorney gave a brief explanation of the 380 Program. The
program was named after Chapter 380 in the Texas Constitution. This particular program
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would not grant incentives to businesses, but it puts the mechanism in place to grant
incentives. This would also provide the framework for any future developments.
Council Mernber Fowler asked could the ordinance be modified?
Mr. Spain answered that the ordinance can be modified, with restrictions.
Mayor Pro Tern Carpenter made a motion, seconded by Council Mernber Agee to adopt
this 380 program described in the Ordinance. The vote was as fonows:
AYES: Council Mernbers Jim Fowler, David 1. Scagliolia, Reginna Agee, Tony
Wilenchik and Michael Carpenter.
NAY: None
#10 ORDINANCE: Consider and take action on emergency reading of
Ordinance regarding the budget for fiscal year 2006-2007.
Council Mernber Wilenchik made a motion, seconded by Mayor Pro Tern Carpenter to
approve the fiscal year 2006-2007 budget. The vote was as fonows:
AYES: Council Mernbers Jim Fowler, David 1. Scagliolia, Reginna Agee, Tony
Wilenchik and Michael Carpenter.
NAY: None
#11 ORDINANCE: Consider and take action on emergency reading of
Ordinance regarding the tax rate for fiscal year 2006-2007.
Council Mernber Wilenchik made a motion, seconded by Council Member Agee to
approve the tax rate for fiscal year 2006-2007. The vote was as fonows:
AYES: Council Mernbers Jim Fowler, David 1. Scagliolia, Reginna Agee, Tony
Wilenchik and Michael Carpenter.
#12 ORDINANCE: Discussion and action on fll'st reading of an ordinance
authorizing the abandonment of a road and the conveyance thereof to the
abutting landowners. Presenter: Leonard Truitt
Council Mernber Fowler made a motion, seconded by Council Mernber Wilenchik to
adopt first reading of an ordinance authorizing the abandonment of a road and the
conveyance thereof to the abutting landowners. . The vote was as fonows:
A YES: Council Mernbers Jim Fowler, David L. Scagliolia, Reginna Agee, Tony
Wilenchik and Michael Carpenter.
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NAY: None
#13 ORDINANCE: Discussion and action on fIrst reading of an ordinance
providing that the Code of Ordinances of the City of Schertz be amended by
revising Section 86-42, All-Way Stops. Presenter: Police Department (Brook
Hollow Drive & Rolling Brook Lane)
Council Member Agee made a motion, seconded by Council Member Wilenchik to adopt
the amendment of the revision of Section 86-42, by adding a stop sign to Brook Hollow
Drive and Rolling Brook Lane. The vote was as follows:
AYES: Council Members Jim Fowler, David 1. Scagliolia, Reginna Agee, Tony
Wilenchik and Michael Carpenter.
NAY: None
#14 RESOLUTION: Discussion and action on designating the required City
Water Meter and authorizing the purchase of water meters.
City Manager Don Taylor asked that Item #14 be withdrawn because staff has realized it is
not only a one source supplier and it will have to be re-advertised.
Michael Spain, City Attorney said there is no exclusive distributor that includes the City of
Schertz; instead there is a gentlemen's agreement between distributors in other regions. so
we cannot rely on the sole source acceptation for the competitive bidding statute.
#15 RESOLUTION: Discussion and action on resolution authorizing a non-
exclusive seller's agreement with GovDeals,Inc.
Mayor Pro Tem Carpenter made a motion, seconded by Council Member Fowler to
authorize a non-exclusive seller's agreement with GovDeals, Inc. The vote was as follows:
AYES: Council Members Jim Fowler, David 1. Scagliolia, Reginna Agee, Tony
Wilenchik and Michael Carpenter.
NAY: None
#16 Discussion and action on EMS write-offs.
Mr. Wait commented on the EMS write-offs. He explained credit recovery is very low,
and the former MBS (old credit company) is doing much better recovering the old
outstanding balances.
Mayor Pro Tem Carpenter made a motion, seconded by Council member Fowler to accept
EMS write -offs. The vote was as follows:
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AYES: Council Members Jim Fowler, David 1. Scagliolia, Reginna Agee, Tony
Wilenchik and Michael Carpenter.
NAY: None
#17 Briefmg by Assistant City Manager and City Attorney on SBC/AT&T
settlement.
Mr. Bierschwale reported the outcome of the lawsuit with Southwestern Bell for damages
and delay of construction on the drainage channel project in 2002 was an award of
$150,00.00 to the City. After several years of negotiation SBC decided to settle out of
court.
Mayor Baldwin introduced Samuel Clemens High School government class.
Mayor Baldwin closed the regular session at 8:10 p.m. to convene to the Executive Session.
#18 EXECUTIVE SESSION: Called under Chapter 551 of the Texas
Government Code, Sub-Section 551.072, Deliberations regarding the
purchase, exchange, or value of real property and Sub-Section 551.087 -
Deliberation regarding Economic Development Negotiations.
Mayor Baldwin reconvened the meeting at 9:02 p.m.
#19 Action, if any on the above Executive Session.
No action was necessary for executive session.
#20 RESOLUTION: Discussion and action on a resolution authorizing a
Development Agreement for an Economic Development Project concerning
Schwab Road; and other matters in connection therewith.
Mr. Spain explained this agreement would allow for the development of approximately
3,350 linear feet of Schwab Road, between the City, Comal County, Forbes Partnership,
Lack's Properties and Schertz Economic Development Corporation.
Council Member Wilenchik said there was a blank percentage on page three and asked
what the missing number was.
It was agreed upon that if Lack's does not start or complete the Lack's Development by
agreed dates, it will reimburse the SED Corporation and the County for 50% of their
respective project costs.
Mr. Ted Jones with Lacks, thanked the Council and city staff for everything that had been
done to allow them to corne into the City.
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It was agreed upon that if Lack's does not start or complete the Lack's Development by
agreed dates, it will reimburse the SED Corporation and the County for 50% of their
respective project costs.
Mr. Ted Jones with Lacks, thanked the Council and city staff for everything that had been
done to allow them to corne into the City.
Council Member Agee made a motion, seconded by Mayor Pro Tem Carpenter to
authorize a development agreement for an Economic Development Project concerning
Schwab Road; and other matters in connection therewith. The vote was as follows:
AYES: Council Members Jim Fowler, David 1. Scagliolia, Reginna Agee, Tony
Wilenchik and Michael Carpenter.
NAY: None
#21 Items by City Manager Taylor and Staff
Council Members were reminded that they would receive VIP Parking for the ALS (Party
in the Park event). The prices are $5.00 at the gate and $3.00 prior to the event.
#22 Items by Council
Council Member Agee
. No comment
Council Member Fowler
. No comment
Council Member Scagliola
. Reminded everyone of the Charity Golf Tournament sponsored by the Schertz
Humane Society
. Mentioned that September 23,2006 was the VFW Women's Auxiliary event
Council Member Wilenchik
. Asked if anything could be done when a train blocks traffic not allowing
emergency vehicles access
. Attended Representative Cuellar's press conference where he awarded a
Telecommunications grant to the school district, which can be used for schools or
public libraries. He asked Congressman Cuellar's office to send him the
application for the grant funds.
Mayor Pro Tem Carpenter
. Thanked his colleagues who attended the board meetings while he was out of
town.
. At the Parks & Recreations Advisory Board meeting the New Braunfels Director
of Events gave a presentation on their special events
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#23 Items by Mayor
Mayor Baldwin announced that he would like to have the evaluations of City Manager
and City Secretary completed by Septernber 26, 2006. Mayor Baldwin also offered his
condolences to the Ramon Cook farnily on the sudden death of their son.
#24 ADJOURNMENT
Meeting was adjourned at 9:21 p.m.
ATTEST:
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