ccswks 09-25-1996
SPECIAL MEETING OF THE CITY COUNCIL
SEPTEMBER 25, 1996
The Schertz City Council convened in Special Workshop
Session on Wednesday, September 25, 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 Charles McDonald, presiding;
Councilmembers Joe Potempa; Earl Sawyer, Timothy Swinney
and Ken Greenwald. Absent: Mayor Hal Baldwin. Staff
present were City Manager Kerry Sweatt and City Secretary
Norma Althouse.
Mayor Pro Tern McDonald conducted the meeting in the absence
of Mayor Hal Baldwin.
#1 HEARING OF RESIDENTS: No one
speak.
signed
up to
#2 Discuss renewal of terms for Planning and Zoning
Commissioners.
Mr. Sweatt reminded Council the memo in their packets
the Planning and Zoning Commission Chairman indicates
the terms of Planning Commissioners Ernie Evans,
Moreno, Keith Van Dine and Merwin Willman are all up
renewal and all have expressed a desire to continue
serve. The terms are for two years and will expire
October.
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Council indicated their readiness for this item to be
included on next Tuesday night's agenda.
#3 Presentation regarding Guadalupe County Juvenile
Detention Facilities bond issue.
Mr. Sweatt stated that Judge Cinnamon would speak on
issue. The election is scheduled for November and
thought this presentation would be informative for
Council.
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Judge Cinnamon brought along a miniaturized blueprint of
the proposed building for Council to see. He commented
those who sat on the advisory committee think it's great
and a well-thought out plan. There is, however, some
opposition.
Judge Cinnamon had put together a small packet for Council
with, among other things, figures on various problematic
juvenile situations and asked Council to read it at their
convenience. Seguin is putting about 4 juveniles into
detention for every 1 in Schertz. The facility in Seguin
is certified to hold seven people and occasionally they put
in eight. What they're doing is taking the worst of the
worst and holding them for a short time. Eventually others
will come along and those already there will have to be
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released. Sometimes they farm out the really bad ones to
other counties, but they eventually have to return to face
the judge, so this involves a deputy having to transport
them from the other county back to Seguin.
Judge Cinnamon went on to say the proposed facility has 32
beds with the possibility of adding 4 more should they be
needed. It will be a very secure building. It will have
everything needed for the juveniles - education facilities,
dining facilities, a handball court, a court room, room for
the attorneys to visit with the juveniles and room for
families and prosecutors.
If the $4,500,000 bond issue passes, this facility will not
be filled the first day. Available space could, however,
be rented out to other counties. It costs us $85 per day
to rent facilities in other counties, plus the deputies who
transport the juveniles have to be paid.
Judge Cinnamon mentioned several programs available for
these juveniles and reported there's a new one at the
Schertz First Baptist Church which offers counseling and is
sponsored by the Reverend Buckner Fanning. There is
nothing in Cibolo, Marion is showing a little life in
trying to make something available, and the hottest and yet
weakest spot is Seguin. Schertz has a Truancy Court,
Seguin does not. There are four precincts in Guadalupe
County, yet none of them will touch a truancy case even
though the law says they have the primary responsibility if
they want it. If they want it is the key phrase here.
There was a brief discussion about the school's
participation in the truancy process. Judge Cinnamon then
explained how he conducts truancy court. He reported he
has kept figures on it for several years and they are
experiencing a 98% success rate in truancy.
Mr. Swinney mentioned he had noticed in the Judge'S report
a distinct absence of televisions for passive recreation
and thought that was an excellent idea. Judge Cinnamon
indicated there will be a few televisions, but none in the
rooms, they will be out in the community area and will be
used to show educational tapes.
Mr. Swinney then asked that if the taxpayers approve the
bond issue, could they expect a reduction in another part
of the budget, for example in the transportation of
juveniles to another county. Judge Cinnamon replied they
could not expect a reduction because the case load will
build up. You will probably see a drop in the
transportation, but there will be more juveniles in the
system and that costs more money.
Mr. Sawyer referred to the activity center of Guadalupe
County in Seguin and asked if the people in Schertz get to
use it. When Judge Cinnamon replied yes they do, Mr.
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Sawyer wondered why there's not a satellite in Schertz.
Mr. Swinney questioned how this bond issue is justified to
the taxpayers in this end of the county when the crime here
is minimal compared to the crime in Seguin. Judge Cinnamon
replied that's a point well taken, but consider that it
will cut down on the time spent hauling juveniles back and
forth.
Mr. McDonald asked if there hadn't been discussion about
having cells here when the courthouse annex is built.
Judge Cinnamon admitted that's correct. Right now when
they pick up a juvenile, they must transport him to Seguin.
When the annex is built, there will be holding cells for
holding a juvenile over night and then the County Sheriff
is obliged to come and pick up the juvenile and, transport
him to Seguin.
Judge Cinnamon told Council this proposed facility won't
save any money, it will be a better use of money. He then
said he would like to see a resolution from Council
supporting the bond issue.
After discussion on Judge Cinnamon's request, Mr. Sawyer
asked how many years this facility will last before they
come back and ask for more money. Judge Cinnamon estimated
approximately 20 years.
Merwin Willman asked how much of truancy problem there is
in Schertz and Judge Cinnamon replied when he finished up
last spring, he was handling 30 cases twice a month.
Mr. Swinney asked if supporting a bond issue, through a
resolution, for another entity isn't a little out of
Council's bounds. Mr. Greenwald answered not really,
Schertz is in Guadalupe County.
Mr. Sawyer noted he could support a resolution without the
monetary value. Mr. Swinney felt they need to know more
about the bond issue. Like the school bond issue, there
need to be several alternatives. people in Schertz don't
trust Seguin.
The consensus of Council was to support a resolution on the
bond issue if it doesn't mention a monetary value. Mr.
Sweatt stated a resolution will be written to be included
on the next agenda for Council's consideration.
#4 Discuss ordinance granting updated service credit!
annuity changes to TMRS.
Mr. Sweatt indicated that included in Council's packet was
a brief description of one of the programs that TMRS
offers, namely updated service credit. It is the
retirement system way of keeping the employees
contributions and the City's contributions in line with the
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effects of inflation. Updated service credit improves
retirement benefits by using an employee's average monthly
salary over the most recent three-year period and
recalculating their retirement credit as if they had always
earned that salary and made deposits to the system, matched
by the City on the basis of that salary.
The portion dealing with annuity increases for retirees is
a provision that allows for increases to those persons who
are retired and receiving a monthly annuity from the system
with the increase based on a change in the consumer price
index. The increase proposed is that option representing
70% of the change in the CPl. The change in CPI is
measured from the December preceding the individual's
actual retirement date through the last complete calendar
year less any previous increases granted.
Mr. Sweatt further stated the system can be amended in two
ways. It can be set up so that its done automatically
every year or the issue is brought back to City Council on
an annual or reoccurring basis. Most cities in the area
have adopted the automatic update. The cost to the City is
approximately $6400 per year. This of course is based on
the estimated salaries for the 1996/97 fiscal year. In
other Cities he has been in, when it has been updated
automatically, the increase each year has been an average
of .02%
Mr. Swinney thought it a smart idea to go with the
automatic update with a provision that if the City has a
financially bad year, they can drop off the automatic
update. Mr. Sweatt indicated that is a fact - they can
drop off if they so choose.
Everyone agreed with Mr. Swinney and also that they should
be apprised of this every year at budget time. They were
ready for this item to be included on next Tuesday night's
agenda.
#5 CITY MANAGER'S REPORT: A. Reported he failed to
place on the agenda the discussion of filling a vacancy on
the Economic Development Commission. They have had a
vacancy for some time. Stacy Ware, a local Farmers
Insurance Agent who resides in Savannah Square, has
expressed an interest in serving on the Commission. The
Economic Development Commission has recommended Mr. Ware
be appointed to fill the vacancy. If Council so desires,
he would like to place this item on next Tuesday's agenda
for action. Council was in favor of doing that.
B. Stated he received a letter from GBRA inviting everyone
to attend a meeting at 7:00 p.m. on October 2nd at the
City of San Antonio Council Chambers. They will be
considering the drafted rules for the Edwards Aquifer
Authority. He understands they propose to adopt some other
management plan provisions.
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C. Related he received a call yesterday from John
Nadwornik, President of the Disabled American Veterans
Chapter #12, inviting everyone to attend a picnic On
October 5th from noon to 5:00 p.m. at the Live Oak Park.
D. Announced the October 9th Council workshop will be a
joint meeting of the City Council and Planning and Zoning
Commission. Mr. Swinney asked if the joint meeting will
be the only item on the agenda and Mr. Sweatt replied no,
but he has been asked to keep the agenda brief. It was
decided to hold the joint meeting in the library meeting
room.
#6 ITEMS BY COUNCIL: Mr. Greenwald: A. Commented
that at the Planning and Zoning meeting last night, the
school district attempted to come in with their original
school plan. It had been tabled thr~e weeks ago with
specific requirements that had to be met before it could be
brought off the table. They did not meet those
requirements and totally ignored the letters written to
them, so Planning and Zoning didn't bring it off the table.
The school board members walked out in a huff.
Mr. Greenwald went on to say there's a possibility they
may ask to be put on a City Council agenda. Mr. Sweatt
commented he had advised one of the school board members to
at least write a letter to the Planning and Zoning
Commission and try to answer some of the questions they had
been asked to address.
Mr. Sawyer had attended the meeting and said Planning and
Zoning handled the situation in a most expeditious manner
and he congratulated them on it. He also mentioned that
Council's official comment should come from Mr. Greenwald
who is the official liaison.
B. Mentioned the telecommunication towers and said
idea of co-sharing was discussed briefly at Planning
Zoning. Several member had seen the article in
newspaper about it. They will be taking that
consideration on future requests.
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C. Assumed Planning and Zoning would be receiving their
invitation to the Annual Businessmen's Appreciation dinner
on October 10th and Mr. Sweatt concurred. Referring to
the dinner, Mr. Swinney suggested the Councilmembers
intermingle with the businessmen rather than sit together.
Mr. Sawver: A. Noted that at the meeting last
Planning and Zoning mentioned annexation. He knows
was waiting until after the budget process to go
with it. He wants to make sure they do that.
night,
Council
forward
B. Asked if Mr. Sweatt had an evaluation yet and was told
he did not. Everyone thought Mayor Baldwin was supposed to
have done it. It was requested this item be placed, as an
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Executive Session, on the agenda of the next regular
meeting.
C. Asked that he be provided a copy of the August 27th
Planning and Zoning minutes. It contains a greatly worded
motion by Merwin Willman regarding the school district
request and he lost his copy.
Mr. Potempa: A. Asked what it's going to take to get a
dog arrested in this City. There's a black/brown chow,
owned by a local business woman, running around Mobile
Villa. He's called about it twice and the dog was back at
his door again this morning. Mr. Sawyer asked how many
time they have to pick up a dog before they issue a
citation. Mr. Sweatt replied they have the authority to
issue a citation the first time, but under normal
conditions they try not to do that.
B. Inquired about the status of replacing the Yield Sign
with a Stop Sign on the IH-35 access road near Mobile
Villa. Mr. Sweatt answered he had written a letter to
TXDoT, but had received no reply. They have been told by
the Traffic Engineer that TXDoT doesn't put Stop Signs in
the middle of blocks. There was a brief discussion on
this.
C. Referred to Tri-County Parkway and the fact the
developers are turning it into a nightmare. There is dirt
allover the place, especially on the access road. It's a
slip and slide situation. Is there anything that can be
done to clean it up? Mr. Sweatt promised to talk with the
Highway Department about it.
D. Questioned
be. Mr. Sweatt
present time.
what's going in where Alamo Waste used to
replied he doesn't know of anything at the
Mr. Swinnev: A. Related he had left a message for D.C.
Morgan that they are ready to roll on the graffiti project.
The only thing they are missing is kilz. Mayor Pro Tern
McDonald informed Mr. swinney that bleach works just as
well as kilz.
B. Asked if there's any teeth in the standards and
practices of the City whereby they can require a citizen to
maintain their property. Referring to the letter from the
Contreras's, said it seems like there are a lot of similar
happenings. It also seems like all summer long, they have
been lax about enforcing the water ordinance. Is the City
soft on a lot of people and not enforcing standards, or is
it just a perception? Mr. Sweatt replied it is still a
small town and they don't just fall on people. They try to
work with them. The Inspection Department has simply been
overrun this year with work, however, 90% of the people
will comply when they receive a letter.
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After some discussion, Mr. Swinney felt businesses should
be held to a higher standard. Council agreed. Mr.
Potempa pointed out that the problem about newspapers being
allover Main Street comes up constantly. Mayor Pro Tem
McDonald asked where the newspapers are coming from. Mr.
Sweatt responded that part of the building belonging to
Lupe Del Toro is rented out to a gentleman who takes care
of newspaper dispensing stands.
Mr. Swinney suggested making the cleaning up of Main
Street an emphasis item and getting some feedback in two or
three weeks. Mr. Potempa mentioned they should
concentrate also on FM 78. He'd like to get rid of the old
tires stacked up. There's nothing more degrading than
looking at old tires. Mr. Sweatt advised that's outside
storage which is allowed in their particular zoning and old
tires are part of their business.
#7 ITEMS BY MAYOR: A. Reported it was brought up
last night at the Planning and Zoning meeting that the
intersection of Savannah Drive and Schertz Parkway at
Carolina Crossing is quite hazardous. A 3-way Stop is
probably needed there.
B. Indicated it sure would be nice if before the October
10th Businessmen's Appreciation Dinner that FM 78 were
mowed again. Mr. Sweatt stated they have other priorities
that need to be taken care of, so that probably won't
happen.
Mr. Potempa extended kudos to the Police Department. This
morning the low water crossing was closed and Officers
Kruetler and Campos did an outstanding job of directing
traffic. He asked that the praise for the officers be
passed onto the Chief.
Mr. Sawyer observed that another thing that's working well
with the Police Department is the Park and Walk Program.
Mr. Sweatt related they received a nice letter from
Technos regarding that program because they were really
impressed with it.
Mayor Pro Tern McDonald remarked that years ago the City of
New Braunfels provided reserve police officers with a
patrol car at Christmas time and they visited every
business to make their presence known. It was really
appreciated by the businesses.
Mr. Greenwald congratulated Mr. Swinney for
inducted into the Samuel Clemens Hall of Fame.
being
#8 ADJOURNMENT: On a motion by Mr. Swinney, seconded
by Mr. Potempa and unanimously carried, the meeting was
adjourned at 8:45 p.m.
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ATTEST:
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City Secretary, City of Schertz
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Mayor, City
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f Schertz, Texas