ccwks 04-28-04
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CIlY COUNCIL MINUTES
SPECIAL WORKSHOP SESSION
4-28-04
The Schertz City Council convened in Special Workshop Session on Wednesday, April
28, 2004 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz
Parkway, Schertz, Texas. Those present were Mayor Hal Baldwin, presiding;
Counci1members Carl Douglas, Steve Simonson, Reginna Agee, Tony Wilenchik: and
Ken Greenwald. Those staff members present were Asst City Manager Jo1m
Bierschwale and City Secretary Norma Althouse.
#1 HEARING OF RESIDENTS
Robert Brockman of 4505 Grand Forrest mentioned that a lady in his subdivision adopted
a dog from San Antonio and they provide two months of insurance on the animals.
#2 Discussion and possible action on Audit.
Auditors Fred Timmons and Janet Pitman were present to represent the firm of
Thompson, Williams, Biediger, Kastor and Young. Mr. Timmo1l$ explained this is the
final report. They had met with the audit committee twice.
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Mr. Timmons then reviewed some of the highlights with Council. The independent
auditor's report is on page 3 and is a little longer this year due to GASB 34.
Management's discussion and analysis starts on page 7 and this is new due to GASB 34.
Page 15 is the start of the basic financial statements. Pages 16 and 17 show
governmental activities. The financial statement is on page 19. Mr. Wilenchik: asked if
the City is subject to federal disclosure laws and City Attorney, Michael Spain, answered
no, this is different
Mr. Timmons continued with his review. On pages 24 and 25 are the proprietary funds
and they are in good condition. The City needs to work on the EMS funds - they can't
have a loss every year. He then pointed out that on page 47 there is more detail on all the
funds. Mr. Wilenchik: asked, regarding page 49, what exactly are City Council
expenditures. He was told they are mileage, the annual TML Conference, the 4th of July
Jubilee, etc.
Mayor Baldwin mentioned GASB 34 has complicated the audit issues with a lot of detail.
Reginna Agee, Steve Simonson and he are on the Audit Committee and they recommend
approval of the audit He then added that Mr. Marquez was not previously bonded, but
he is now.
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Mr. Timmons expressed some concern about the purchase order system and suggested
they take a look at that Mr. Douglas jokingly asked about the possibility of being
indicted and Mr. Timmo1l$ jokingly replied he doesn't know about the Mayor, but City
Council is okay.
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Matk McLiney of Southwest Securities commented they got the continuing disclosure in .
on time and will take this audit and add to it.
Mr. Simonson expressed appreciation for all the work done on the audit It is in good
shape and we have a heck of a reserve. Mr. Greenwald indicated the only problem is
with EMS and that will always be. Mr. Timmons said he understands EMS had a
problem with billing in the past.
Mr. Greenwald moved to approve the audit for the fiscal year ending September 30,
2003. Mr. Wilenchik seconded the motion, which carried with the following votes:
AYES: Counci1members Douglas, Simonson, Agee, Wilenchik: and Greenwald.
NAYS: None.
#3 Discussion and possible action on Investment Policy
Mayor Baldwin advised he had talked with Mr. Marquez about this and there are no
changes. It does have to be reviewed each year.
Mr. Wilenchik moved to approve the Investment Policy. Mrs. Agee seconded the
motion, which carried with the following votes:
AYES: Counci1members Douglas, Simonson, Agee, Wilenchik: and Greenwald.
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NAYS: None.
#4 Consideration and Approval of a Resolution by the City Council of the City of
Schertz, Texas authorizing and approving publication of Notice ofIntention to issue
certificates of obligation complying with the requirements contained in Securities
and Exchange Commission rule 15c2-12; and providing an effective date.
Mr. McLiney advised they are starting at 7.6 million dollars. He clarified a competitive
sale versus a negotiated sale. He then told Council he brought this to them because they
need to set up the structure. He recommends they be conservative. The sale of City of
Schertz bonds will go very well. Mr. Spain commented they are asking for approval
tonight
Mr. McLiney then asked if it is important to City Council to take bids. You have to
advertise if you are going to have a competitive sale. They could force maturities up and
put more principal in which would cause a quicker drop off. Mayor Baldwin explained
that a drop off eventually helps some future Council.
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Mr. Simonson inquired if 7+ million is enough to get a negotiated sale and Mr. MeLine)'
replied yes it is. Mr. Greenwald stressed it's time to do these projects they've been
talking about
Mr. Wilenchik inquired if you oouId get a better rate if it were a competitive sale. There
was a brief discussion again about the difference between a negotiated sale and a
COli1petitive sale. Mayor Baldwin indicated he has no problem with a negotiated sale as
long as Council is comfortable with it. The consensus of Council was to go with a
negotiated sale.
Mr. McLiney then mentioned the City has a history of having two readings, but the law
has changed. Cities do not have to have two reading$ for the sale of bonds. Mr. Spain
pointed out the City Charter allows an emergency reading. . .
Mr. McLiney noted that the vehicles have been taken out. Mr. Spain advised the
numbers should not exceed $7,750,000.
At this time Mayor Baldwin introduced a Resolution and read the caption as follows:
RESOLUTION NO. 04-R-06
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BY THE CITY COUNCIL OF THE CITY. OF SCHERTZ, TEXAS
AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING
WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND
EXCHANGE COMMISSION RULE 15c2; AND PROVIDING AN EFFECTIVE
DATE.
Mr. Greenwald moved to approve the Resolution as stated in the above caption. Mr.
Simonson seconded the motion, which carried with the following votes:
AYES: Councilmembers Douglas, Simonson, Agee, Wilenchik: and Greenwald.
NAYS: None.
Mayor Baldwin announced they would now take a short break and after that move to the
Executive Session.
#12 EXECUTIVE SESSION: Called under Chapter 551, Texas Government Code,
Sub-Section 551.73 - Personnel Matters: Evaluation of City Manager
An Executive Session was held from 7:50 p.m. unti18:50 p.m.
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#5 Discuss first reading of Ordinance repealing Ordinance No. 96-M-3 and other
matters in connection therewith.
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Mr. Biersehwale noted this is a repeal of the Hand Gun Ordinance.
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Mr. Spain explained it is at his recommendation. The Ordinance was written at a time
when things were different than they are now. The State law says that as long as it is a
governmental body that is meeting, no guns are allowed.
Mr. Wi1enchik: inquired if someone wasther~ on a non-meeting purpose and someone
walked in, could they have a gun. Mr. Spain answered you can't prevent it. There is
nothing the City can impose by Ordinance. State law controls.
Mr. Spain had new signs for the City to post and gave them to Mr. Bierschwale. He also
recommended repealing the current Ordinance.
Mr. Bierschwale advised it would be on the agenda for next Tuesday night's meeting.
We will expect input from Mr. Spain on the emergency reading.
#6 Discuss imal reading of Towing Franchise Ordinance with Roadrunner.
Police Chief, Steve Cantrell, mentioned there are two minor changes. They have added a
phrase that says there will be an average IS-minute response. Also, Roadrunner will be
closed on Saturday, but somcone will be on call.
Council agreed they were ready for this Ordinance to be placed on next Tuesday night's .
agenda.
#7 Discussion of Specific Use Permit application.
Mr. Bierschwale indicated there was an oversight by staff and a Specific Use Permit is
required in the Air Installation Compatible Use Zone. Forum Construction will have to
comply. Mayor Baldwin asked if existing businesses would be grandfathered and was
told they would be.
Mr. Bierschwale commented they are leaving those businesses alone which are already
there, but when new ones come in they will have to comply.
#8 Police Department Update - Chief Cantrell
Police Chief, Steve Cantrell, had provided background information in Council's packets
regarding his update. He touched briefly on such subjects as number of staff, services
provided, number of calls for services per month and per day and the response time for
those services.
Chief Cantrell also touched briefly on criminal cases and investigations and the sharing
of federal forfeiture funds. It was mentioned that the increase in Cyber Crime has placed
an unusual demand for specialized investigative techniques. He then mentioned special .
projects such as child safety inspections, crime prevention programs and the Citizens
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Police Academy program. Also mentioned were community-based programs. such as the
bicycle patrol program and the implementation of the Special Response Unit.
Chief Cantrell then advised Council of new techlll,Jlogy enhancements such as the Laser
Firell1llU! Training simulator and the NeW Tuer system to address less than lethal
confrontations with violent subjects. He then gave a brief report on Animal Control
statistics and some of the Police Departments g.oals and objectives. He also mentioned
the recent promotion of Steve Starr to Captain.
Council thanked Chief Cantrell fnr his update.
#9 Items by City Manager
General Announcements
· Reported Schertz has been on TV tonight on KSAT 12 regarding an undercover
officer who caught the #2 bad guy and also damaged a fence in the proeess.
· Mentioned there is a temporary sign out front about the raffle and drawing for
Emergency Services Day.
· Noted the PID project will get started tomorrow or Friday in front of State Bank
and Trust. Mr. Spain is still waiting on the HEB deed.
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· Stated the contractor for the Elbel Road is shooting for completion by the end of
July.
· Related he should have the feasibility study for the Municipal Complex by next
Tuesday. Mr. Spain added they should close on the church property by May 10th.
· Advised they are going into negotiation for the County contract with EMS.
#10 Items by Council
General Announcements
Councilmember Douglas
Liaison - EDC
Liaison - Schertz Library Board
· Requested an item on the agenda next Tuesday for Forgotten Child, Inc. He has
some certificates to present.
· Reported seeing advertisement for a gentlemen's club on Cibolo property. Is
there any way we can write a disclaimer?
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Counci1member Simonson
4-B Board
Liaison - BVY A
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. Inquired where the City is on the Lower..Segoin Road project. Public Works
Director, Sam Willoughby, stated they have a pre-construction eonference
scheduled for May 4th.
Counci1member Agee
4-B Board
Liaison - Schertz Housing Authority
Mrs. Agee had nothing to report.
Councilmember Wilenchik
4-B Board
Liaison - Schertz Humane Society
Liaison - HOA Coalition
Ex-officio - TSAC
· Reported attending a class on Public Finance and indicated it was money well
spent.
· Stated he received a call from Bob Pond to come to the annual Greenshire
Homeowners Association meeting on May 21st.
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· Related the Doggie Dash was a success. There were 209 people that showed up,
82 were runners and the rest were walkers. Of the 209, 74 were from Schertz
and 75% of the runners came from outside the Schertz area. Thirteen of those
who prepaid didn't pick up packets. The City Staff (Louie, Heather, James and
Sam) was tremendous and the Humane Society made a profit of $1908.66.
They're looking at doing it again next year.
Counci1member Greenwald
4-B Board
Ex-officio - P&Z Commission
Ex-officio - S/SLC
· Advised Planning and Zoning met last night. The need for a new library was
mentioned. The Wal-Mart sign variance was approved. A donut shop is building
next to the Department of Human Services.
· Noted the Schertz Parkway landscaping contract is amazing. Schertz Parkway
looks more beautiful every day.
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#11 Items by Mayor
General Announcements
· Commented he and Carl Douglas participated in a photo session when the TIP
Board closed out.
. Thanked Juan Santoya for all his hard work on the audit.
#13 Action, if any, on Executive Session.
There was no action necessary.
#14 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the meeting at
9:53 p.m.
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Mayor, City of Schertz, Texas
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ATTEST:
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City Secretary, City of Schertz, Texas
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