ccwks 02-27-02
COUNCIL WORKSHOP SESSION
FEBRUARY 27, 2002
The Schertz City Council convened in Workshop Session on Wednesday, February 27,
2002 at 7:00 p.m. in the Municipal Complex Conference Room, 1400 Schertz Parkway,
Schertz, Texas. Those present were mayor Hal Baldwin, presiding; Councilmembers
Norma Head, Reginna Agee, Tony Wilenchik and Ken Greenwald. Absent:
Councilmember Billy Pitts. Staff present were City Manager Dewey P. Cashwell, Jr
and City Secretary Norma Althouse.
Mayor Pro-Tern Norma Head presided over the meeting until Mayor Hal Baldwin
arrived.
#1 - HEARING OF RESIDENTS
Glynn Williams of 2800 Kingsland Circle explained he was at the meeting because he is
pursuing a barking dog incident. He talked with Animal Control and they informed him
he had to file a complaint with the court. Why is this responsibility back on the citizen?
He went ahead and filed, but still questions why the City doesn't enforce this instead of
the citizen.
Mayor Pro-Tern Head told Mr. Williams they would inform the Mayor of the situation
and he and the City Manager would get back with him.
Mr Cashwell commented the laws are pretty much the same allover. There is an
ordinance on the books, but a barking dog incident usually requires clear evidence or a
witness. It has been his experience the court gets people's attention. If not, the Judge has
some authority. He promised to look into it.
#2 - Discuss final reading of revised Sign Ordinance.
Mayor Baldwin arrived at this time.
David Richmond, Planning and Zoning Chairman, reviewed the revised Sign Ordinance
and noted several housekeeping items. On page 79, paragraph KK was left out of
sequence. There is a typing error in paragraph 00 regarding wall signs. These will be
taken care of before the final reading of the ordinance.
Mr Richmond then mentioned the wall sign sentence changed to say that wall signs that
are painted on a building are not permitted. Mayor Baldwin questioned the reason for
this change. Mr. Richmond explained that part of the effort to clean up as new buildings
are erected is to try and improve future signage.
Mrs. Head remarked she was driving in another city and saw a huge air-brushed picture
on the side of a building. Michael Spain, City Attorney, pointed' out that would be
considered a mural and not a sign.
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Robert Brockman brought up the subject of graffiti and there was some discussion about
it. It was noted there is not too much of a graffiti problem in Schertz, but when graffiti
does appear, it is usually taken care of quickly.
After being asked by the Mayor if they were ready to have this item included on next
Tuesday night's agenda, Council agreed they were ready, with the housekeeping items
previously mentioned included in the final reading of the ordinance.
#3 - Discuss possible ordinance changes relative to parking of motor homes in
residential areas.
Mayor Baldwin commented this had come to his attention via an anonymous letter.
There had been a fire in a motor home parked in his neighborhood. He understands the
concern, but is not sure how an ordinance could be enforced. He would like to have
Council's take on it.
After a brief discussion about turning such instances over to the Fire Department, about
restricting uses on private property, about how people in a neighborhood should know the
rules up front, about how often this kind of incident occurs, about how it's hard enough to
enforce all the laws on the books now, and about how this seems to be a safety issue,
Council decided, at this time, not to go with an ordinance.
#4 - Discuss awarding of bid for rescue-pumper truck #217.
Mr. Cashwell informed Council the City had received one bid, which was from the
Garden Dale V~lunteer Fire Department in the amount of $3850.00. When it was
decided to go out for bids on this again, they determined they would need a bid to at least
cover the cost of running the ad. That cost was $179 00.
Council indicated they were ready to include this item for action on next Tuesday night's.
agenda.
#5 - Discuss delinquency contract regarding court fees and fines.
Council had received, in their packets, a copy of some information sent to the City from
Texas Compliance Agency. They work with counties and cities to collect delinquent
court costs and fines. Mr. Cashwell mentioned they charge a 30% fee for their services.
He also pointed out he had been advised by legal counsel that should they decide to go
with such an agency, they don't have to bid out the award. The City has received at least
one other such proposal from a lawyer in Universal City.
Judge Stacy Padgett commented Failure to Appear charges couldn't be sent to an agency
such as Texas Compliance. Mayor Baldwin asked where the point is that the Warrant
Officer stops collecting. Judge Padgett replied they never stop. They are still collecting
on warrants from 1995.
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Mr. Wilenchik inquired if a fine is levied, when is it turned over for collection. Judge
Padgett answered not earlier than 60 days after the fine has been levied. Mr. Wilenchik
then asked if they stop pursuing after 60 days. Judge Padgett replied they lose money if
they have to turn it over for collection before it goes to warrant. Mayor Baldwin
suggested they not turn it over for collection until a warrant has been issued. He then
questioned how they would select an agency and if they're talking about a huge
administrative cost. Judge Padgett informed Council that Incode, their current software
provider, has software that can do this.
Mr Cashwell related they can go with whatever the legislature suggests and it can be
tailored to our jurisdiction. The City may want to try it for 30 days and then if it doesn't
work out, they can cancel it quickly. Mayor Baldwin said they need to look at the
contract and see if it suits the City's needs. Mr. Cashwell stated there are other
considerations. He and the Judge will come back to Council if they think something like
this is valuable.
Mrs. Agee agreed with the idea of a collection agency so long as the City does not get
bad press from it. Judge Padgett stressed the contract would need to be airtight. Mayor
Baldwin suggested they leave it up to Judge Padgett and the City Manager. Council
agreed.
#6 - Discuss and review ScbertzlSeguin Local Government Corporation audit.
Mr. Cashwell reported the funds of the Cv.t'v.~ion are in good shape. Mr Jain reminded
Council this audit is as of September 30, 2001. They have escalated the payout because
the pipeline is half completed. Next year they will start depreciating the pipeline cost.
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Mr Cashwell stated there was some concern about the executive directorship and he
suggested co-directors. No decision was made in that regard. Mr. Jain pointed out
Seguin has no water to sell, they are already committed. It would be unfair for one City
to take on all the jobs related to billing.
Mayor Baldwin inquired if the staff is paid by the City of Seguin and reimbursed by the
Corporation. Mr. Greenwald replied the employees are Corporation employees and the
payroll is handled through the City of Seguin.
After commenting he thought the two Cities helped, but then the Corporation did the rest
of it themselves, Mayor Baldwin suggested they need a workshop session on this. Mr.
Greenwald indicated there is not a problem s long as the Corporation figures out what
they're going to do.
Mr Jain mentioned the audit was on the agenda for review only. They don't have to
approve it.
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#7 - Discuss current status of Impact Fee collection relative to recent legislative
.changes.
Mr Cashwell related the City of Schertz has been dealing wry well with developers over
the years as far as collecting impact fees. John Bierschwale, Public Works 'Director,
explained that impact fees are what they collect on projects and future projects and they
can only be spent on new projects. They are paying for the consumer's share of the
capacity of the system. Mr. Wilenchik asked if they apply to only water and Mr
Bierschwale answered they apply to water and sewer.
Mr. Spain related that some jurisdictions have been adding soft costs. Schertz has not
been using the developer's impact fees. They don't have to pay anybody back.
#8 - Discuss date for community forum for Comprebensive Land Plan.
Mrs. Head commented she would like to see a community forum sometime in 2002.
Mayor Baldwin asked Council if they want to set a date or put it on the back burner.
Mrs. Head asked if they could have copies of the Comprehensive Plan on the web site.
Ron Youngblood, City Planner, replied yes, but it is a large document Mrs. Head then
asked how much time is needed. Mr. Youngblood was not sure.
David Richmond noted they are trying to get a concise document to give potential
developers and once they get that, maybe they can use that instead of the large book.
Mayor Baldwin suggested they put the public forum in the tickler file until such time as
the books are ready Council agreed.
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#9 - Discuss lack of City of Schertz representation on Comal Co. Appraisal District
Bd.
Item withdrawn because Schertz is already represented on the Guadalupe County
Appraisal District Board and according to law, they cannot be represented on two Boards.
#10 - Discuss HB 1445.
Mr. Cashwell explained that HB 1445 has to do with the administration of plat review
and other documents relative to growth. Cities and counties need to decide who's going
to take over. He suspects the legislature will have to come back with some teeth in the
bill. It doesn't have anything that satisfies the City of Schertz.
Mr. Youngblood advised that Steve Simonson, Asst. City Manager, started a series of
meetings. We can let the City do the work or the County do it, or divide the
responsibility between the two. We should ask the County to use the same restrictions
used by the City. Mr. Spain has come on board to help with the language. They would
like an agreement by April 1, 2002, but there's no penalty if one is not reached by then.
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Mr. Spain noted it would probably be easier in a city with only one county. He
encouraged Mr. Cashwelll not to sign anything yet - this is not the answer. Mr. Cashwell
stated they would continue to pursue the matter.
#11 - Discuss GVEC interlocal contract for pole co-location.
Mr. Cashwell related they wanted to set this for action at the regular Council meeting
next week. They obviously need an lI&""...ent and GVEC has offered a satisfactory
document. Mr. Spain expressed some concern about coverage by the City's insurance
provider, but he thinks TML coverage should be sufficient. They should be hearing from
them tomorrow.
Council agreed they were ready for this item to be placed on next Tuesday night's
agenda.
At this time, Mayor Baldwin, at the request of Mr. Cashwell, moved to #13 on the
agenda.
# 13 - Discuss joint City of Scbertz/Cibolo Council meeting.
Mr. Cashwell commented they have a couple of dates in mind - March 7th and March
11th. After a brief discussion, it was decided March 7th was the best date for the
majority. There was also a brief discussion about an alternate location. Mr. Cashwell
mentioned the possibility of using the Schertz Community Center.
Before going back to Itern #12, Mr. Cashwell showed Council a large bracket which had
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been setting on the table in the back of the room. He said they need seven pair of the
brackets for the Playscape and the Public Works Department has volunteered to make
them.
#12 - Discuss recommended staffing requirements for mid-year.
Mr Cashwell noted they are looking at growth for the foreseeable future. Due to the
annexation of Northcliffe and Scenic Hills, they need some additional staffing. The
narrative in Council's packets pretty well captures this and the combination of sources for
those needs.
The income possibilities are alarms and false alarms, salary savings (positions unfilled
and those in transition), permits, turnovers and reserves. Mayor Baldwin asked if they
want to review each department. The problem with numbers is that they're talking about
a half-year cost. They will probably be doubling the personnel costs next year. Where
will they find that in the budget? He doesn't think alarms, etc. will cover it. He doesn't
see how they are going to pay for all these costs without a gigantic raise in taxes. He
would like to see more of a fiscal plan.
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Mr. Wilenchik thought these projections were only until the end of the current fiscal year.
He had an opportunity to be briefed by each department during his orientation.
~. CashweJl admitted he can't teJl Council how to achieve the goal in the budget. A lot
of it depends on growth and the business climate in Schertz is excellent. He does believe,
however, they will find the revenue.
Mr Jain advised Council that starting next year, those areas in Northcliffe and Scenic
Hills will be paying taxes, the 1 & S rate will remain relatively low, and in addition to
normal growth and annexation, the tax base is going up in several ways.
Mayor Baldwin stressed they don't want the tax rate to take a ten cent jump just because
Northcliffe and Scenic Hills are part of the City, That was not part of the deal.
Mr. Cashwell remarked he thinks the figures they are using are conservative. The homes
in the NorthcliffelScenic Hills area are highly valued.
Mayor Baldwin stated there are lots of things the City won't be able to provide, but they
do have to provide police, fire and EMS services. New growth is fine, but we won't be
able to collect until next year.
Mr. Cashwell noted the City has a terrific staff of people. No matter what, they will have
to render these services. Mayor Baldwin added that optimism is fine until you have to
pay. They want to keep the tax rate low
Mr. Wilenchik observed that if the City is staffed at the requested level, then won't a
portion of the money come back to them from reduced overtime. Mrs. Agee mentioned
there had been a pitch for consolidation of various positions and she questioned how they
know for sure they need these people. Mr. Jain explained the changes in Evelyn
Boggess's position and how some of the workload out front is shifting to the existing
staff. Mr. Jain also indicated there is workload redirection within the entire organization.
Mrs. Agee stated she is not comfortable with mid-year adjustments betting on what's
coming down the road.
Mayor Baldwin remarked he is not in favor of paying new salaries out of the fund
balance. Mr. Cashwell commented this discussion is not meant to be a debate.
Mrs. Head noted that when they first discussed staffing requirements, they mentioned
Emergency Services, Inspection and Public Works. She didn't see any administrative
changes. Why don't they wait and see what those changes are at the beginning of the
next budget process. Mr Greenwald echoed the same sentiments as Mrs. Agee and Mrs.
Head.
Mr. Wilenchik pointed out they can eliminate using reserves by eliminating new staff
positions. He is, however, looking at the quality of life for the current staff.
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Mrs. Head emphasized they had a budget, they had an annexation, and now they have to
bite the bullet until they get to the next budget. There was discussion about this and most
Councilmembers wanted to wait until the next budget.
Mr. Cashwell pleaded for dollars for technology Mr. Wilenchik wondered if they had
any general revenue projects that could be postponed. Mr. Cashwell answered that his
aim is not to transfer capital dollars over to salaries. Mrs. Agee questioned if they had
considered contracting out some of their services and mentioned COBRA as an example.
Mayor Baldwin commented that at budget time they need to look closely at all personnel
and they also need a good organizational chart. The Mayor requested that Mr. Cashwell
put together what he thinks he's heard this evening.
Mrs. Agee mentioned that the school has tech notes and Rohan Pierce, Information
Technology department, said the City is using tech notes. The program doesn't delete
temporary files and that takes time. Mayor Baldwin inquired if Mr. Caswell wants to
include Information Technology on the list for additional personnel and was told yes.
Mr. Wilenchik asked how realistic the alarm figures of $30,000 are. Mr. Cashwell
admitted they need to go back and take a good look at alarms.
#14 - EXECUTIVE SESSION: Called under Chapter 551 of the Texas Government
Code, Sub-Section 551.072, deliberation regarding acquisition of real property.
An Executive Session was held from 10:20 p.m. until 10:48 p.m.
#15 - Action, it'any, on above Executive Session.
No action was necessary.
#16 - ADJOURNMENT
There being no further business to discuss, Mayor Baldwi adjourned the meeting at
10:50 p.m.
Mftyor, City of Schertz, Texas
ATTEST.
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City Secretary, City of Schertz. Texas
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