ccwk 06-12-02
Schertz City Council –
Workshop Session
Wednesday June 12, 2002
The Schertz City Council convened in workshop session on Wednesday, June
12, 2002 at 7:00pm in the Municipal Complex Conference Room, 1400 Schertz
Parkway, Schertz, Texas. The following members were present: Mayor Hal
Baldwin, presiding, council members Norma Head, Billy Pitts, Tony Wilenchik
and Ken Greenwald. Absent, Reginna Agee. Staff members present were City
Manager Dewey Cashwell and Deputy City Secretary Mary Ybarra.
#1 Hearing of Residents:
Robert Salas, 1041 Gettsburg Drive inquired on outcome of the community forum
held at the Knights of Columbus. His concern at the time was public
transportation and it still is. Mayor Baldwin advised him the comprehensive land
plan use document is available at the public library, city hall and on the city's web
site. As for public transportation it would require involvement with VIA and a VIA
tax of half a cent, and also require a vote by citizens. It was mentioned that once
VIA is approved, they control routes, times, etc. the city would have no say so.
He went on say that the morning (Saturday) of the Catholic Church bazaar,
(Pickrell park) there were several fire trucks at the location. Is the bazaar getting
free service? What was the reason for the trucks being there? He was advised
that the cooling system had gone out in the park pavilion cooler, Harry Hewlett,
city employee with the fire department was fixing the problem. It was an
emergency situation. The bazaar lost all ice and other items being stored, it was
a critical situation all around.
Robert Brockman of 4505 Grand Forest Drive commented on learning that trees
in Schertz are not allowed to die. If they do replacement of trees are replaced at
3 to 1, referring to Walgreens on FM 3009. Ron Youngblood, City Planner
explained the issue had to do with the required tree mitigation, when a
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development due to construction has to remove number of trees, payment to
the city is required. However, the remaining trees must be maintained, and if
trees die, trees must be replaced, because credit was given as part of the
mitigation formula.
Also, he questioned method of vote relative to the Planning and Zoning
Commission in a tie vote, does the Chairman vote? Does Board of Adjustment
members follow the same procedure? Mr. Brockman was advised the Planning
and Zoning chairman as well as the Board of Adjustment chairman have a vote.
These boards have established their rules of procedure. In the case of a tie vote
on council, City Charter allows the Mayor to vote. Mr. Brockman went on to say
no meeting of the Schertz Development Foundation has been posted. Have they
met? Mark Marquez advised no meeting has been scheduled, they only meet
when there is a need. Mr. Brockman continued with other concerns such as:
standing water in ball fields adjacent the Fire Department. Fence at ball field has
a hole in it, tree at Block Distributing is overhanging, and 211 Brook Lane is a
disaster, truck, weeds, etc., also, are inspections done on contract work (i.e.
depth of sprinkler system at community center). He was advised the situation, at
211 Brook Lane was being looked at, and as far as inspections of contract work,
inspection are done.
# 2 Discuss final reading of ordinance providing for disannexation of .97
acres of land within the corporate limits of the City of Schertz.
Mayor Baldwin asked for discussion on this issue and added that final action
would be at next Tuesday's meeting. There was no further discussion on this
matter.
#3 Discuss the following with Schertz Business Association regarding
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4 of July Jubilee:
A. Variance on closing time of City Park;
B. Resolution designating particular area and particular dates for
which alcoholic beverages may not be brought into or removed
from Pickrell Park; and
C. Contract.
Mayor Baldwin deferred to Patrick True, representing Schertz Business
Association. Mr. True commented this is pretty much self-explanatory, traditional
practice by the association. He mentioned that like always, no candy will be
thrown at the parade route.
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Mayor Baldwin mentioned Item #14, council participation in the July 4 parade,
could be discussed at this time. There was brief discussion on whether council
would ride in the parade procession. Different options: convertible (cars), fire
truck is being considered. The association just needs to know to make the space
available. It was the consensus of council to have space available for council to
ride in the parade; determination of what they would ride in would be decided
later.
Mayor Baldwin asked if there were further discussion on this matter, if not council
would be ready to take action at Tuesday's meeting. There was none.
#4 Consider and take action on Resolution approving a statement and
petition in condemnation relating to Charles E. Hillert.
Mr. Cashwell explained that items 4 & 5 are similar in that these properties are
necessary to complete the waterline project on Lower Seguin Road. At this time,
Ron Youngblood, City Planner gave a brief history on the project. He went on to
say that of the 20 + parcels to complete the project the city owns 19 parcels. One
parcel has to be acquired by the City of Converse, which it is working on. The
City of Schertz has spent approximately $21,299 to date and commented that
everything has been done to settle with the two property owners, at no avail. For
this reason, staff is recommending condemnation proceeding.
Mayor Baldwin asked when could the city see money to commence the project.
Mr. Youngblood said the fall cycle has been missed, and it looks like Spring
before TXDot releases money.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION 02-R-6
Resolution by the City Council of the City of Schertz, Texas approving a
statement and petition in condemnation relating to Charles E. Hillert.
Mr. Greenwald moved to approve the Resolution approving a statement and
petition in condemnation relating to Charles E. Hillert. Mrs. Head seconded the
motion, which carried with the following votes:
AYES: Councilmembers Head, Pitts, Wilenchik and Greenwald.
NAY: None.
# 5 Consider and take action on Resolution approving a statement and
petition in condemnation relating to Santos Lopez.
Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION 02-R-5
Resolution by the City Council of the City of Schertz, Texas approving a
statement and petition in condemnation relating to Santos Lopez.
Mr. Wilenchik moved to approve the Resolution approving a statement and
petition in condemnation relating to Santos Lopez. Mr. Pitts seconded the motion,
which carried with the following votes:
AYES: Councilmembers Head, Pitts, Wilenchik and Greenwald.
NAY: None.
# 6 Discuss first reading of amendment of Code of Ordinances regarding
rules for manufacture of frozen desserts (soft-serve products) and general
discussion of food inspections in the City.
Mr. Cashwell explained the ordinance would be an important enhancement to the
existing codes: enforcement of food service establishments. One element that
warrants based on facts from the Texas Department of Health is soft serve
products, such items as ice cream, dairy products, etc. It is my understanding
that dairy products have a high potential of transmitting E. Coli bacteria, if the
equipment is not properly maintained.
At this time, Gary Davis, Health Inspector commented that must every city in
Texas is taking a hard look at soft serve ice cream equipment. The problem is
mainly in the cleaning. He recommends adopting the State standards for rules for
the manufacture of frozen desserts (Appendix A) for further enhancement to the
current enforcement tool.
Mr. Davis further explained that the State standard not only applies to the
inspection of commercial establishment, it also applies to anyone selling or giving
away the product, (i.e. rental machine) owner would be the responsible party,
with the renter becoming the responsible party, making sure product is clean.
On another issue, Mr. Cashwell noted that Mr. Davis believes there is a need to
do a better job on inspections of temporary establishments.
Mr. Davis commented he would like temporary food establishments: anything
existing for 14 days or less (used for special events) to be permitted and
inspected. The standards would be similar to those of regular food establishment,
with some flexibility. Permitting would allow follow-up and a paper trail if for any
reason there were any problem or concern with the event. A cost for permit
would be up to the city whether a charge would be imposed or not.
There was discussion on imposing permit fee on upcoming event 4th of July
Jubilee commercial vendors, $50 per booth is being considered. Event
representatives believe the proposed fee is steep, and asked if consideration can
be given to the event. Councilwomen Head believes that the city should not profit
from an organization that puts on an event for the purpose of family
entertainment, scholarships and city enhancement. Mr. Cashwell suggested that
there be no change to fee structure this year and that a more reasonable solution
would be considered for future events.
Mayor Baldwin stated he believes vendors in any capacity should be aware of
the regulations and what the city requires from them. Gary Davis suggests
advertising a meeting to discuss temporary food establishments in order to get
everyone up to speed.
Mayor Baldwin suggests a formal discussion on temporary food establishments
as an agenda item. There are certain issues demanding a good hard look from
the city's point.
# 7 Discuss Resolution designating Schertz-Randolph Neighborhood
Mr. Cashwell explained the area wants to be known as the Schertz-Randolph
Neighborhood and have designated city limits bounded by the area as mentioned
in the resolution. The area is seeking an identity as a City of Schertz
neighborhood. Council agreed to take action at the next scheduled meeting of
Tuesday night.
# 8 Discuss EMS Billing and Accounts Receivables Management.
Mr. Cashwell explained that EMS Director Dudley Wait would bring council up to
date on the city's EMS billing and accounts receivables management.
Mr. Wait explained that he would like to propose a three-step program
addressing the following:
1. Disposing of bad debt,
2. Take immediate steps to bring billing processes back to the EMS
Department,
3. Discussion of hard collections for council reconsideration.
He explained that currently the city has unpaid account receivables aged greater
than 180 days of approximately $665,000. He suggests formally disposing of the
debt (off the books) now. Then setting up a formal process disposing of bad debt
annually as the department prepares to close out the fiscal year. Currently the
department uses an outside vendor to do the billing process. However, after one
year working with the organization he is unsatisfied with the processes,
procedures and efforts in obtaining the most from the city's operation.
He informed council hat the city currently is going live on electronic run reports,
making patient care records electronic. This enhances the ability to do in-house
billing not needing a data entry clerk. This type of technology allows the city to do
as much for about the same cost paid to Alexander Consulting (billing vendor). At
this time, the cost is approximately $60,000, with additional 8% of monies
collected.
With the purchase of the EMS Billing software ($45,000) an amount currently
allocated in the InCode package he recommends billing be done in house. He
added that the software product will be compatible with InCode and would
eliminate repetitive data entry. After the software purchase, the department
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would hire a billing supervisor, housed in EMS administration
The third change comes as an opinion of the (OIG) Office of Inspector General,
on hard collections. With in house billing and opinion from (OIG) it would allow for
more of an oversight on hard collections then what has been allowed in the past.
The opinion basically means that EMS agencies can treat residents of the
communities differently than non-residents in the collection process.
Mr. Wait recommends that to be successful in this change, and contract with
Alexander Consulting, it is important to implement the change at the new fiscal
year of October 1, 2002. He recommends this person, (billing supervisor) coming
on board approximately 20 to 40 days in advance of October 1, 2002. He
believes these changes would make EMS more successful in the next fiscal year
and the years to come.
There was brief discussion on the process of the bad debt money and write off of
the amount of the books. Also, discussion in looking into a company to collect on
bad debt accounts. Mr. Wait explained that once Alexander Consulting took over
there was not a formal relationship set up with a company for that particular debt
to go through a collection agency. At this time, the city does have someone trying
to collect on SAFES old debts. Mr. Wait is not confident that Alexander
Consulting is following procedure and is essential billing, not collections. His
understanding was that initially Alexander was following procedure billing and
collecting, however, in the last twelve months that has changed. Councilwomen
Head commented that if the organization changed she believes it's time for the
City to change too.
Councilwomen Head asked for clarification on the procedure involved with bad
debt and was advised that once a year EMS would have X number of dollars that
would be considered bad debt and council would be asked to write off the
amount off the audit. She questioned what do other EMS agencies do with bad
debt? Are these agencies doing the same as the City? Mr. Wait advised that
most municipal agencies are tackling the same issue. He added that once a
collection agency is in place, they advice on what is collectable and what isn't. He
believes that once billing is handled in house, it creates a single point of contact,
which provides the citizens of Schertz with a higher level of service.
Mr. Wait explained that the person hired as billing supervisor would be
compensated out of the $60,000 currently being paid Alexander Consulting.
Councilmember Pitts commented he would like to cover the issue of the huge
debt. Is there a recommendation from staff or will this issue be up for discussion
at a later date? Is the debt to be written off right a way or at the end of the fiscal
year. Mr. Wait explained that some money has been out there greater than 180
days, partial from 0 to 90days (active) and a large amount less than 30days.
Tony Wilenchik stated he believes that in all good conscience, the city can not
forgive the amount, (1.2 million) without every reasonable step to collect, up to
and including turning it over to a commercial collection agency, possibly
salvaging some of this debt. Councilmember Pitts agreed and asked for a
recommended comprehensive solution from staff. The city needs a well thought
out set of solutions. He believes the city shouldn't wait for the budget cycle to
identify solutions. Let's start working on a solution right away.
Mr. Cashwell noted that the city would proceed along suggests by council and
come back with an approach to recovering some of the $665,000, understanding
that some is over 180 days and possibly not collectable.
Mr. Cashwell advised council that it is his intent to separate EMS operation from
Fire services. Mr. Wait has demonstrated an extraordinary level of capability and
he believes it is time to go back to the arrangement the city had originally, and
allow him to handle the operation, unless there are concerns from council.
Mr. Cashwell noted that Mr. Wait would be an independent department head,
and would anticipate it being a budget issue.
At this time, Tony Wilson, Public Information presented a video presentation on
the ongoing Schertz/Seguin water project. Channel 5, KENS News aired a
segment, interviewing Mayor Baldwin.
At this time Mayor Baldwin called for a 5-minute break. The meeting was called
to order at 8:50 p. m.
# 9 Discuss policy on voiding stale-dated checks.
Mr. Cashwell advised council that the issue comes before council at the request
of the city auditor. The auditor recommends that a policy be developed and
approved by city council that would provide for the periodic removal of "stale
dated" checks (180 days) from the city's accounts payable journal.
Mayor Baldwin noted council would be ready to take action at Tuesday nights
meeting.
# 10 Briefing on Public Works projects.
Larry Dublin of Ford Engineering was present to update. Among those projects
discussed were Schertz Parkway construction (34% complete by the end of May
well ahead of schedule), elevated tank and water plant (well underway 1%
complete). Mr. Dublin reported that the 16" water main went for bids and he is
ready to send out letter of recommendation.
Mr. Dublin noted that the tank repainting was not part of the schedule, and added
that if everything goes right, they will be ready to go out for bids in the next 30
days.
Mr. Dublin provided a chart of the master schedule to council. They thanked him
for his presentation.
# 11 Discuss public review of Comprehensive Land Plan.
Mr. Cashwell reminded council that at the completion of the Comprehensive
Land Plan the city was to set a public meeting to introduce the plan to the
citizens. With the plan complete, it is necessary to set the public forum for this
purpose.
In brief discussion, council agreed on August 1, 2002 at 7 p.m. at the Knights of
Columbus.
# 12 Discussion of Strategic Planning Session and consideration of date
for next Strategic Planning Session.
In brief discussion, council agreed on June 29, 2002, Saturday, if possible at
GVEC meeting room. Meeting stating at 8 a. m. until finished.
# 13 Discuss public hearing on Sexually Oriented Businesses.
Mr. Cashwell advised council of the upcoming public hearing scheduled for June
18, 2002. Public input only considered. Mr. Greenwald reported that Connie Lock
legal counsel would handout primarily ordinance for committee review at
tomorrow's meeting June 13, 2002. Mr. Greenwald also reported that the
committee would be looking at zoning issue, where this type of business is
permitted.
David Richmond, Chairman Planning and Zoning stated that the commission
would be looking into zoning issues. General Business (GB), which is the zoning
allowing sexually oriented businesses needs to be reconsidered. He believes the
city needs to take a look at the M1 zoning for such establishments.
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# 14 Discuss Council participation in 4 of July parade.
This agenda item was discussed in conjunction with agenda item #3.
# 15 EXECUTIVE SESSION: Called under Chapter 551 Texas
Government Code, Sub-Section 55.074 Personnel Matters - to deliberate
evaluation of Municipal Court Judge.
An Executive Session was held from 9:55 p.m. to 11:10 p.m.
# 16 Action, if any, on above Executive Session.
No action was necessary.
Before adjournment was called, in brief discussion council agreed to set an
executive session on June 18, 2002, Evaluation of City Manager. Council asked
for a list of accomplishment from the City Manager. Due to absence, of Ken
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Greenwald on the 18, Councilmember Pitts suggested a review and discussion
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of accomplishments and be ready at the next workshop of June 26 meeting.
Mr. Ken Greenwald reported that commodities picked up by the Petersen from
the Schertz Housing Authority for distribution to senior citizens would no longer
we picked up at this location. They were told they would have to go to Seguin for
pick up. He suggests finding out the reason and why. He believes it is becoming
cost prohibited dropping off in Schertz and driving back to Seguin.
Councilmember Pitts, liaison for the Housing Authority will look into it and report.
# 17 Adjournment
There being no further business to discuss, Mayor Baldwin adjourned the
meeting at 11:15 p.m.
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Mayor, City of Schertz, Texas
ATTEST:
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Deputy City Secretary, City of Schertz, Texas