ccswks 02-28-1996
SPECIAL MEETING OF THE CITY COUNCIL
FEBRUARY 28, 1996
The Schertz City Council convened in Special Workshop
Session on Wednesday, February 28, 1996 at 7:00 p.m. in
the Conference Room of the Municipal Complex, 1400 Schertz
Parkway, Schertz, Texas. The following members were
present: Mayor Pro Tern Ken Greenwald, presiding;
Councilmembers Charles McDonald; Earl Sawyer and Timothy
Swinney. Absent: Mayor Hal Baldwin and Councilmember Joe
Potempa. Staff present were City Manager Kerry Sweatt and
City Secretary Norma Althouse.
tl HEARING OF RESIDENTS
James Harris of FM 1518 and Schaefer Road spoke regarding
the Restoration Advisory Board. They held a meeting last
night and things are progressing on schedule, in fact,
Randolph is ahead of schedule. They are 100~ obligated on
all their funding and are ready to grab funding that any
other base doesn't spend. They have already gotten an
additional $270,000 toward this clean up. They had a total
of 26 sites at the beginning, have submitted 15 for
closure, and 3 have closed. It will probably take until
the year 2003 before all of them close. The main one in
question is the old aircraft fire location where they used
to burn every Saturday.
One thing they are trying to determine is which way the
drainage flows from the base. Most of the base drains to
the west. There is a new map coming out which shows where
the flows are when it starts coming toward the Cibolo
Creek. They have tried to identify any seepage and to see
whether or not it's coming from the base. Of course where
the base ends, there are all those junk yards.
Mr. Sweatt asked if they had discussed the
line that went across FM 1518 toward Cibolo
Harris replied it has been discussed a number
they are keeping on top of the situation.
one outfall
Creek. Mr.
of times and
Mayor Pro Tern Greenwald wondered if they ever identified
all the lines that run beneath the east flight line. Mr.
Harris replied they haven't said they have them all
identified. They're going to do another complete sweep
because there's some areas on the golf course they're not
sure about.
Mr. Swinney asked if they still have a problem with all
the pesticides running into the creek and Mr. Harris
replied they test for that all the time at Woman Hollering
Creek.
Mr. Harris reported that the Civil Engineers at RAFB
the All Air Force Civil Engineers of the Year Award.
award was for all large installations Air Force wide
there were 88 in competition.
won
This
and
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At this time Mayor Pro Tern Greenwald announced, if
no objection, he would like to move to Item #6
agenda. No one objected.
there's
on the
#6 UPDATE: Report by Paragon Cable representative
regarding current development.
Gena Nivens reported the social contract was passed
signed at the end of November and as a result there
some changes in the cable rates. There was a drop in
basic service and an increase in the standard service.
and
were
the
One thing Paragon Cable is doing in this market is the
fiber optic upgrade - some other systems have not even
started it. All the residents of Schertz now have access
to the fiber optic upgrade.
Another provision of the social contract is the drops to
all the schools. Time Warner is also developing a computer
modem link which they will be putting into all the schools
as well.
Ms. Nivens admitted there were some questions about the
increase in price, but the extra dollar that was tacked on
was something, that under the social contract, they are
allowed to do for the next five years. It helps pay for
the fiber upgrade, the drops to the schools and the modems
that will be going into the schools.
Another exciting thing that happened recently is the launch
of the emergency alert system. It's had lots of positive
feedback.
Mr. McDonald observed that when he was in business and
wanted to improve efficiency through improvements, he
didn't ask the customer to pay for it, but that's what
Paragon is doing by increasing the rates a dollar. In his
opinion Time Warner and Paragon need to step up to the
table and accept some responsibility in their communities.
Everyone was told when Time Warner took over that meant the
organization would be bigger and they could buy products
cheaper. The customer hasn't seen that. Ms. Niven tried
to explain that was before the social contract came into
play and they had no control over that.
Mr. McDonald expressed the hope competition will come in
and prices will go down. Ms. Nivens indicated they do
have competition now from the satellite dishes. She knows
they will have to keep rates under control in order to
compete with further competition. Mr. McDonald asked why
not do that now. The customer is the boss - why not keep
the customer happy.
Mr. Sweatt advised a group has met with Ms. Nivens and
with T.J. Connally and are still not satisified with some
of the rate determinations. They have relied upon San
Antonio to set the rate and serve as the franchise
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regulator. They have asked the utility
department from San Antonio to join with them in
the FCC about some of the filings.
regulation
talking to
Mr. McDonald commented he fought back
knows how. He cancelled. Instead of
dollar, Paragon lost sixteen dollars. He
do that. It's one way to get the message
the only way he
making an extra
hopes others will
across.
Mr. Swinney remarked he tried giving it up, but he missed
cable. Ms. Nivens was very gracious in helping him solve
his cable dilemma. He feels the American viewpoint is a
general distrust of monopolies and he feels Time Warner,
with all their assets, should have improved their services
without extra cost to the customer.
Mr. Swinney then asked if these programs going into the
schools will have a lot of commercials.and advertisements.
Ms. Nivens replied they will not. They have a program
right now called "Cable in the Classroom." It's an
educational program that's basically a tool for teachers to
use. It has no commercials. It's not meant to replace the
teachers, just to enhance what they're doing.
in private schools
contract did not
doing that anyway
Mr.
also.
mention
because
Swinney asked if this is available
Ms. Nivens replied the social
private schools, but Paragon is
they feel it is important.
Mr. Swinney, regarding the new telecommunications bill,
asked for an explanation on how many outlets are going to
be providing cable TV. Ms. Nivens stated it will open up
competition tremendously. It will allow phone companies to
get into the cable business, cable companies to get into
the phone business, long distance carriers to get into the
local phone service and vice versa. Lots of barriers will
be broken down. Paragon is trying to diversify to be
competitive in the future.
After further discussion about the rates and about the
social contract, Council thanked Ms. Nivens for her time.
#2 ORDINANCE: Discuss final reading of an ordinance
limiting the carrying of weapons on the premises of the
City of Schertz.
Mr. Sweatt reminded Council they have discussed this on
three separate occasions. The ordinance is slightly more
broad than some in that it regulates the carrying of
weapons as defined in Section 46.01 of the Texas Penal
Code. Mr. Sweatt then reviewed some of the highlights of
the ordinance.
One of the directions in the ordinance was
Manager place appropriate signs on City
accordance with the ordinance. Mr. Sweatt
an example of the sign they have designed
that the City
property in
passed around
which contains
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letters at least one inch high and the message in both
English and Spanish.
Mr. Swinney wanted a clarification regarding the carrying
of guns, by citizens, in the park on the 4th of July. Mr.
Sweatt noted it is the City's understanding, under the
Texas Alcohol and Beverage Code, it is a violation to carry
a weapon into a place where alcohol is being served. The
concealed weapon law does not supersede that.
Mr. Swinney then asked what geographic area of the park
this covers and Mr. Sweatt replied he thinks they can't
make it broad enough to cover any area except where the
alcoholic beverage is being sold.
Mr. Sawyer suggested doing it the same as they've done in
the past and include the same area. No one's. going to
complain. Mr. Sweatt agreed, but poin~ed out there may be
some question about whether all that area is where the
alcoholic beverage is being sold.
After being asked by Mayor Pro Tern Greenwald, Council
indicated they were ready for this item to be included on
next Tuesday night's agenda.
#3 ORDINANCE: Discuss final reading of an ordinance
amending the Code of Ordinances by deleting Chapter 12,
Municipal Court, and replacing same with a revised Chapter
12, Municipal Court.
Mr. Sweatt reported
repetitive Sections of
of the Sections under
housekeeping items.
this basically eliminates some
the Traffic Code and clarifies some
Municipal Court. A lot of it is
Council agreed they were ready for this item to be included
on next Tuesday night's agenda.
#4 ORDINANCE: Discuss first reading of an ordinance
amending the Code of Ordinances by deleting Chapter 17,
Article III, Room Occupancy Tax, and replacing same with a
revised Chapter 17, Article III, Room Occupancy Tax.
Mr. Sweatt commented they have found in order to amend an
existing portion of the City Code, it is so much easier to
delete the old portion and put in the new. It is proposed
in this ordinance, which was originally adopted in 1984,
that the 7% hotel/motel occupancy tax rate remain the same.
Updates and revisions are proposed more in keeping with the
State law on the issue. One of the changes provides
authority to pay the hotel operator 1% of the amount
collected for his/her cost in collecting the tax if, in
fact, it has been collected timely and has been transmitted
to the City timely for a minimum of two consecutive
calendar quarters. It also provides, under the law, for
specific kinds of exceptions. It is fairly clear who is
excepted from the payment of taxes. They are working with
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the City Attorney and the State Comptroller's office on
clarifying those, that in addition to being exempted from
payment, are in some cases entitled to a refund under
certain conditions. That will be written into the Rules
which are not necessarily a part of the ordinance itself.
Another section authorizes, under State law, that contracts
can be made with other sources to perform the activities of
collecting the tax. There are no plans to do that
currently, but it is best to have it approved while the
ordinance is being revised.
Mr. Sweatt further stated it is the Tax
Accesssor/Collector's responsibility to provide certain
rules and regulations for operating in conjunction with the
hotel owner to collect the funds. Rules and regulations
for how those are done have been prepared.
The use of the
State law and
those taxes.
hotel/motel tax funds has been outlined
the city will create a separate fund
by
for
Mr. sawyer asked if the State law permits us to give 1%
back to the operator under these special circumstances and
Mr. Sweatt answered yes it does. Mr. McDonald verified
that's 1% out of the 7%.
Mr. Swinney, mentioning the timely
consecutive calendar quarters, asked if
and Mr. Sweatt replied it is not.
payment for two
it's retroactive
Mr. Swinney inquired if that's to reimburse for
administrative cost or an incentive also. Mr.
answered it's probably both.
their
Sweatt
The Tax Accessor/Collector, Evelyn Boggess,
responsible for collecting the money and Finance
Debra Kline, would be responsible for periodic
the funds with the operator.
would be
Director,
audits on
Mayor Pro Tern Greenwald reviewed the procedure again for
paying the operator 1% and asked if they pay timely for two
consecutive quarters, but then are late, do they have to
wait two more quarters to get the 1% again. Mr. Sweatt
acknowledged that.s correct. Mr. McDonald asked the
procedure for cutting them off if they're late. Is it just
administrative procedure or does it take Council action?
Mr. Sweatt replied it's just administrative procedure.
Mr. Swinney wondered if 1% is the standard figure and was
told by Mr. Sweatt it is. Mr. Sweatt'did point out there
are additional penalties, outlined in Section 17-28, for
being late.
Mr. Swinney questioned what the 1% revenue is expected to
be in a typical year. Mr. Sweatt replied the current
hotel/motel occupancy tax off the one motel is $50,000, so
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1% would be $500.
There was a brief discussion on the use of the
tax revenue. In broad terms, it can be used
tourism and the convention and hotel industry.
hotel/motel
to promote
After being asked, Council affirmed they were ready for
this item to be included on next Tuesday night's agenda.
#5 REORGANIZATION: Discuss reorganization of general
collections functions.
Mr. Sweatt reported Alice Austin's death has really left a
void. As a result, a considerable amount of time has been
spent looking at the finance and collections process and
deciding the best thing to do. Mrs. Boggess will be
assigned the Office Manager duties. This seems appropriate
because she had been in the process o~ being trained for
those duties.
The workload has increased to the point, that regardless of
these circumstances, they would have been asking Council,
at next budget year, to consider hiring additional
personnel in the front office. Ms. Austin's death has
exacerbated the problem, and so they would like to hire two
additional clerical personnel in the front office.
Mr. Sweatt went on to say one of the problems with the way
the front office is organized is that the person who is the
receptionist/clerk is also responsible for answering the
main incoming telephone lines. They have avoided, and he
believes with Council's strong support, the implementation
of a voice mail system for answering the phone. The voice
mail system is available after hours, but during the day
customers expect to speak with a real person.
Some of the controls and accounting responsibilities will
be realigned between the Office Manager, the finance office
and the City Secretary. Because of the salary
differential, the salary impact for two additional clerical
personnel and reassignment of duties is almost zero. Some
step increases will be recommended for those taking on
additional responsibilities. They are not asking for more
money.
Mr. Sawyer asked how much almost zero is and Mr.
replied $103 to the good.
Sweatt
Mr. Swinney asked what sort of training time is
anticipated for the new clerical personnel. Mr. Sweatt
replied there will be some cross-training and he thinks it
will take approximately two months to get them up to speed.
Mr. McDonald asked
front. Mr. Sweatt
the Court Clerk and
receptionist and a
how many total people we
replied there are two in
the Deputy Court Clerk;
water clerk; there is a
have in the
the Court
there is a
person split
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between front collections and clerical support for the
Human Resources/Economic Development Department; there is
one person in the tax office who serves as the clerical
person for the tax office and the code enforcement section.
That makes six that are available plus three in the finance
office and Mrs. Boggess who makes ten. The City secretary
has been called on from time to time which makes eleven and
the City Manager's secretary makes twelve.
Mr. Swinney asked if the possibility of overtime for
current employees had been considered versus all the
salaries and benefits of two new employees. Mr. Sweatt
replied overtime is used in some cases, but is not viable
in others. Some of the work cannot be postponed until
after closing time.
Mr. Swinney inquired about computer technology and
wondered if it's being used at its most efficient and
productive level. Mr. Sweatt answered the city is not
dissatisfied with the current computer system. It is now
approaching five years old and has had some upgrades.
Unfortunately the program for using credit cards could not
do what we wanted which was to tie in with our central cash
register. Our software was more amenable than that of the
credit card system. That would be a good addition if we
could resolve the glitch. probably two or three years from
now, technology will be so advanced we will have to start
back over, but that's nothing new.
Mr. McDonald mentioned the subject had been broached
before about farming the tax collections out. Is that
viable or feasible? Mr. Sweatt noted there are both good
and bad points to it, but it will be brought up again for
consideration.
There was a brief
saving personnel
open-minded about
discussion about voice mail as a means of
cost, but Mr. Sweatt admitted he isn't
it - he doesn't like voice mail.
Council indicated their readiness for this item to be
included on next Tuesday night's agenda.
t7 CITY MANAGER'S REPORT:
There was none.
*8 ITEMS BY COUNCIL: Mr. Swinnev: Observed it sounds
like the federal government is trying to get out of the
aquifer business.
t9
passed
attack.
ITEMS BY MAYOR: A.
away last Friday
Announced Jack
evening from a
Tokar
massive
passed
heart
B. Informed everyone the Lion's club fertilizer sale is
this Saturday at GVEC.
tlO ADJOURNMENT: Mayor Pro Tern Greenwald adjourned
the meeting at 8:17 p.m.
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,~gj;d&/rYdP
Mayor Pro Tern, City of Schertz, Texas
ATTEST:
~~~
City Secretary, City of Schertz
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