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ccreg 12-05-1995 I REGULAR MEETING OF THE CITY COUNCIL December 5, 1995 The Schertz City Council convened in Regular Session on Tuesday, December 5, 1995 at 7:00 p.m. in the Council Chambers of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas. The following members were present: Mayor Hal Baldwin, presiding; Charles McDonald; Joe Potempa; Earl Sawyer; Timothy Swinney and Ken Greenwald. Staff present were City Manager Kerry Sweatt and City Secretary Norma Althouse. Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to the flag. U APPROVAL OF MINUTES: A. B. Special Session 11-1-95 Regular Session 11-7-95 Mr. Sawyer moved to approve the minutes for the Special Session of 11-1-95 and the Regular Session of 11-7-95. Mr. Swinney seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #2 HEARING OF RESIDENTS: speak on agenda items (other items not on the agenda, will Those citizens wishing than public hearing items) be heard at this time. to or James Harris of FM 1518 and Schaefer Road just wanted to clarify something in the ordinance regarding child safety fees. He wanted to know if the fee for overtaking and passing a school bus is for when the bus is stopped. Mr. Sweatt replied that's true and explained this is a fine on top of already existing fees for overtaking and passing a stopped school bus. Mayor Baldwin welcomed students from Joyce Briscoe's class to the meeting and invited them to come again on January 16th when Council will hold a public on the Juvenile Curfew Ordinance. #3 ORDINANCE: Consider and take action on final reading of an ordinance establishing child safety fees for specific Municipal Court charges. Mayor Baldwin introduced an ordinance and read the caption as follows: -74- ORDINANCE NO. 95-D-37 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT CHAPTER 12 OF THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED AUTHORIZING THE MUNICIPAL COURT TO COLLECT CERTAIN FEES PERTAINING TO CHILD SAFETY BY ADDING SECTION 12-12, ADDITIONAL FEES FOR CONVICTION OF CERTAIN OFFENSES PERTAINING TO CHILD SAFETY; BY ADDING SECTION 12-13, COLLECTION OF ADDITIONAL FEES FOR CONVICTION OF CERTAIN OFFENSES PERTAINING TO CHILD SAFETY; BY ADDING SECTION 12-14, DEFINITION OF WHEN A PERSON IS CONSIDERED TO BE CONVICTED; AND SECTION 12-15, DISPOSITION OF ADDITIONAL FEES FOR CONVICTION OF CERTAIN OFFENSES PERTAINING TO CHILD SAFETY; AND PROVIDING AN EFFECTIVE DATE. Mr. Potempa moved to approve the final reading of an ordinance establishing child safety fees for specific municipal court charges. Mr. Sawyer seconded the motion, which carried with the following votes: AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #4 reading Chapter Swimming ORDINANCE: Consider and of an ordinance amending 12 1/2, Attachment "B", Pool Facility. take action on first the Code of Ordinances, Use and Regulations of Mayor Baldwin introduced an ordinance and read the caption as follows: AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING CHAPTER 12 1/2, ATTACHMENT "B" OF SAID CODE, PROVIDING FOR THE USE AND REGULATIONS OF SWIMMING POOL FACILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT. Mr. Sweatt reminded Council, as discussed at budget time, this ordinance raises the charges on swimming pool passes by 10% for residents and 50% for non-residents. Mr. Swinney moved to approve the first ordinance amending the Code of Ordinances, Attachment "B", Use and Regulations of Facility. Mr. Greenwald seconded the carried with the following votes: reading of an Chapter 12 1/2, Swimming Pool motion, which -75- AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #5 APPOINTMENTS: Consider appointments/reappointments to Financing Board of Directors. and take action regarding the Schertz Tax Incremental Mr. Sweatt reviewed the fact that Joe Potempa currently serves as President of the Board and his term expires December 31, 1995. Jerry Bethke is serving a two-year term which also expires on December 31st. Both members have said they would continue to serve if reappointed. Mr. Greenwald moved to reappoint Joe Potempa and Jerry Bethke to the Schertz Tax Incremental Financing Board of Directors. Mr. Swinney seconded the motion, which carried with the following votes: Joe Potemoa AYES: Councilmembers McDonald, Greenwald. Sawyer, Swinney and NAYS: None. ABSTENTIONS: Councilmember Potempa. Jerrv Bethke AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney and Greenwald. NAYS: None. #6 POLICY: Consider action to revise personnel policy relating to sick leave for employees in probationary period. The following revision to the last paragraph 3.02 of the City of Schertz Personnel Policy been recommended by Mr. Sweatt and discussed workshop: "Employees serving the initial probationary period (after hire) accumulate vacation leave and sick leave the same as regular employees. However, during this period, vacation leave will not be authorized. Sick leave may be authorized under the following conditions: (1) such sick leave is specifically authorized by the City Manager with the understanding that, should the employee not complete the probationary period, the amount paid for sick leave will be deducted from the employees final paycheck; (2) the employee has accrued sick leave time." of Section Manual had at the last Mr. Sawyer moved to approve revision of the Personnel Policy relating to sick leave for employees in probationary -76- period. Mr. Potempa seconded the motion. Mr. McDonald stressed he still thinks it's wrong even be illegal to grant someone sick leave and they terminate during the probationary period, say the City money. and then they may if owe Mr. Sweatt pointed accrual of sick leave, if it's illegal, then City believes this is a out the current policy allows the but prohibits the taking of it, so it was illegal to begin with. The more liberalization of the policy. Mr. McDonald stated he doesn't think the City should ask the employee to pay back the money. Mr. Sweatt felt the City should ask for the money back in those instances where someone may have abused the policy. Mr. Potempa inquired how many times it has happened that a probationary employee has needed sick ieave. Mr. Sweatt replied one incident occurred quite recently when a probationary employee needed to be off due to a disastrous medical circumstance. Under the current policy, a probationary employee is not permitted to take sick leave. Mayor Baldwin verified this is not an optional situation. In other words, the City Manager currently does not have the authority to authorize that the probationary employee be allowed to take sick leave. Mr. Sweatt is asking for that authority in the revised paragraph to the Personnel Policy. Mr. Sweatt explained he would like the authority to let the probationary employee take sick leave with the understanding if they leave at the end of their probationary period or before, they will be docked for that time taken. Mr. Swinney asked if there's no differentiation between whether the probationary employee leaves voluntarily or leaves at the City's request because of a RIF (reduction in force) or downsizing by the City. Mr. Swinney also wanted to know if this policy has been reviewed by the City Attorney for compliance with labor laws. Mr. Sweatt replied the policy has been reviewed by the City Attorney and as far as not hiring a probationary employee because of a downsizing by the City, they have never had that circumstance occur. Mr. Swinney safeguard for Policy. thought it might be better if some kind of that situation were included in the Personnel Mr. Potempa asked if probationary employee own, they will still be they have taken. Mr. he understands correctly that if a is RIF'd through no fault of their required to pay back any sick leave Sweatt replied that's the way it -77- would be. The City has never had a RIF or a where a position was eliminated between the probationary period and the hiring. Mr. Swinney stated if it is the fault of the probationary employee, due to poor performance, that they are not hired at the end of the probationary period, he can certainly see paying back any sick leave they may have taken. However, he would feel better with a caveat in the policy saying if it is a termination due to the fact the City cannot, because of circumstances, hire an employee with a satisfactory probationary performance, then any sick leave taken does not have to be paid back. circumstance end of the Mayor Baldwin informed Council if they agree with Mr. Swinney, then they need to vote no on the motion currently on the floor and make another motion. If they. disagree, then vote yes and the motion stands. Mr. Sawyer noted they can always amend the motion. Mr. Sawyer amended his motion to include the statement by Mr. Swinney saying that if a probationary employee is terminated due to the fact the City cannot, because of circumstances, hire an employee with a satisfactory 'probationary performance, then any sick leave taken does not have to be paid back. Mr. Swinney asked Mr. McDonald if that makes the policy more palatable and Mr. McDonald answered it does, but he still feels if a probationary employee is ill and you're going to allow them to take sick leave, then let them have it and don't come back to them six months later and tell them they owe you for it. One other solution Mr. McDonald suggested was that they not accrue sick leave while on probation. Mr. Swinney disagreed saying he sees it as an incentive. Mr. Swinney seconded the amended motion, but there was further discussion about some of the wording. Mr. Sweatt suggested saying "provided that such application shall not be made in the event such failure to complete probationary period is due to job elimination." Mr. Swinney thought the term job elimination was vague and Mayor Baldwin didn't think that was the intent of the amended motion. After further discussion it was decided to go with the amended motion and include the wording "provided that such application shall not be made in the event such failure to complete probationary period is due to reduction in force." A vote was taken and the motion carried with the following results: AYES: Councilmembers Sawyer, Swinney and Greenwald. NAYS: Councilmembers McDonald and Potempa. -78- #7 CITY MANAGER'S REPORT: A. Fire Department Christmas party speaks, at the Community Center. B. Reminded everyone of the Employee Awards Dinner and Christmas Party to be held at the Community Center on December 15th. If possible, he would like for each Councilmember to say a few words preceding the awards presentation. Noted is being the Volunteer held, as he 18 ITEMS BY COUNCIL: Mr. McDonald: A. Reported he attended the Library Board meeting last evening and the Library is overwhelmed with students because the school library closes at 3:30 p.m. Due to budget constraints, the Library cannot stay open every evening. Is there any way the school can be approached to stay open on Monday and Wednesday evenings? Mayor Baldwin suggested they write a letter to the Superintendent of Schools: Another item that came up at that meeting was discussion of raising fees for people out of the County who use the library. Mr. sawyer asked if they made any suggestions as to what the fees should be. Mr. McDonald answered no, they decided to talk about it again in January. C. Mentioned that regarding the construction going on in Woodland Oaks behind Cotton King, the workers are setting fires and then leaving them unattended at night after they go home. He has called the Fire Department and has talked to the workers, but it's still happening and it's dangerous. Mr. potemoa: A. Thanked Mr. Sweatt for his help in getting the street light in Mobile Villa fixed. B. Remarked when you drive down FM 78 at night, it looks super. Public Works did a tremendous job. ~r. Sawver: Wished everyone a Merry Christmas and related he will not be at the next meeting. Mr. Swinnev: A. Commented on the Appraisal District votes and wondered how the tie between Soto and Ramirez was handled. Mayor Baldwin explained they appointed them both because they appoint the top five vote getters. B. Stated response by the landfill he was glad to see the TNRCC regarding citizen and behind the River Road area. fairly reasonable City concern about Mr. Greenwald: A. Declared, regarding recycling, that he was glad to see they finally realized a second pick up was needed in November. Five weeks without a pick up (because of the Thanksgiving holiday) is totally unacceptable. Mr. Sweatt advised the City will mail a copy of the 1996 recycling schedule to each resident at the end of December -79- and a copy will also be included in the January Newsletter. Mr. Potempa asked if anything about recycling been worked out with the apartment complexes Sweatt replied it had not. had ever and Mr. B. Announced they always need volunteers for CVADAC and don't seem to be able to get any, so it looks like CVADAC will close down. The president had to resign because of job commitments. There is a lot of need for an organization like this and he hates to see it fold. The Guadalupe County Council is also folding. #9 ITEMS BY MAYOR: There were none. 110 ADJOURNMENT: by Mr. Greenwald and adjourned at 7:45 p.m. On a motion by Mr. Swinney, seconded unanimously carried, the meeting was 01' Mayor, -C ty of Schertz, Texas ATTEST: ~dLdA/'.4~ City Secretary, City of Schertz -80-