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:
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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
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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
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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
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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.
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#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
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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
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