ccreg 04-06-1993
132
REGULAR MEETING OF THE CITY COUNCIL
APRIL 6, 1993
The Schertz City Council convened in Reoular Session
Tuesday, April 6, 1993, immediately followinQ the BOA
Meetinq, in the Council Chambers of the Municipal Complex,
1400 Schertz Parkway, Schertz, Texas. The followinQ members
were present: Mayor Earl W. Sawyer, presidinq; Joe
Potempa, Hal Baldwin, Barbara Stanhope, Mary Marsh and Ken
Greenwald. Staff present were City Manaoer Kerry Sweatt and
City Secretary June Krause.
Before openinq the reqular meetino, Mayor Sawyer presented a
proclamation to Jerry Bethke, representinq the Veterans of
Foreiqn Wars, proclaiminq May 1, 1993 as "Loyalty Day".
#1 PUBLIC HEARING: The Council to receive citizen
comments on the proposed franchise with DBL Cablesystem of
the Southwest, Inc. dba ParaQon Cable.
Mayor Sawyer recoqnized Ms.
Paraoon Cable; then asked
comments. There were none.
Susan Williams, representino
if there were any citizen
Mr. Sweatt said we believe this is a very adequate and
capable franchise to meet the needs of the cable company and
customers of today but also provides an opportunity to Qrow.
As technolooy qrows we can chanqe this to fit the new
technoloqy. Ms. Williams is here to provide update
information from the FCC. Generally, this franchise is
desiqned to be a fifteen year period, beOinninq on November
9, 1992. The reason for this beqinninq date is to establish
a common endinq date for a number of common jurisdictions in
this area. The franchise ordinance commits that the
conversion to fiberoptics will be completed by 1997 and the
franchise commits to a development of a provision for audio
and visual emeroency notification by December 31, 1995. A
number of other conditions, one is that if any other
franchise aqreement is neqotiated by any other franchisor in
Bexar County, and that aqreement miqht enjoy a better
benefit to the citizens than our current one, then we have
the riqht to come back and modify our franchise to fit.
Mr. Baldwin asked if this means that all jurisdictions have
the riqht to neqotiate with Paraqon individually or are we
neqotiatinq as a qroup with everyone havinq to aqree on a
chanqe.
Mr. Sweatt said the intent was that several cities
(Schertz, Live Oak, Converse, Kirby and Selma) all sat
toqether and neqotiated this franchise aqreement. They took
this to mean that if any other city in the area neqotiates a
better deal, then if we want to adopt that provision,
Paraqon is committed to make that available to us. It does
not mean that we have to, nor does it mean that the other
cities have to.
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Ms. Susan Williams agreed that in moving the beginning date
back to 1992, it puts Schertz in a better block of united
cities when Paragon next negotiates anything.
She alluded to the confusion about the FCC regulations.
With the change over from the Bush to Clinton
administration, there are some new appointments that have to
be made, the FCC Chairman being one of those. She said what
they came out with the beginning of April .is Cable Companies
cannot raise rates for 120 days on their lowest tier of
service. She said their lowest tier of service is the
limited basic package and they have not raised that in about
two years and do not have any plans to raise that. The key
thing is that Section 17 of this franchise deals with the
regulation section and whatever comes down from the FCC will
automatically be rolled into the agreement of the franchise.
She said they have committed to be fibering Schertz by 1997
and really anticipating that it will be a lot sooner than
that. This will bring a new tier of service that will be
any where from ten channels on up. The people that want the
extra channels will pay but if you want to remain as you are
you will not have to pay but will benefit from the other
features, such as better clarity.
Ms. Williams said that Mr. Connolly wanted her to extend
their thanks to Mr. Sweatt for all his hard work. She said
they not only feel very good about this document but the
very good process they went through to obtain this. She
said they will be letting the city know quarterly about all
the changes being proposed.
She said one of their major concerns is having some
mechanism of letting their subscribers know about
emergencies. By the end of 1995, they will have in place a
mechanism where if there is some emergency, they would be
contacted and it would immediately go out on the cable
system. She said they have been working with all the cities
to get this in place.
Mr. Greenwald asked Ms. Williams if they had a chance to
look at the Schirmerville area.
Ms. Williams said it had been forwarded to their engineer
and he will be going out to look at the area and will then
give a cost estimate on that.
There being no further discussion, Mayor Sawyer declared the
hearing closed at 7:35 p.m.
#2 APPROVAL OF MINUTES:
B.
C.
D.
A. Special Meeting 2-24
Regular Meeting 3-2
Special Meeting 3-10
Regular Meeting 3-26
~04
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Mrs. Stanhope moved to approve the minutes of the special
meetings of February 24th and March 10th and the Regular
Meetings of March 2nd and March 26, 1993. Mr. Greenwald
seconded the motion, which carried with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#3 HEARING OF RESIDENTS: None
#4 POLICE RESERVES: Confirm appointment of member to
the Police Reserve Force.
Chief Agee reminded Council that by ordinance Council has to
approve appointment of reserves officers. He then
introduced Kevin Wilson, who has been with the Bexar County
Reserves. He was looking for a change and came through our
interview process with flying colors.
Chief Agee then introduced our two new police officers.
Kevin Rowcliffe, who had been with the Comal County
Reserves. Jeffery Leal comes to us from another pOlice
department with very good recommendations. Chief Agee added
that the Department is proud to have all three of these men.
Mr. Potempa moved to appoint Kevin Wilson to the Schertz
Police Reserves. Mrs. Marsh seconded the motion, which
carried with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
Mayor Sawyer welcomed all three men, adding that the Council
is proud to have them on our force.
#5 ORDINANCE: Mayor Sawyer introduced an ordinance
and read the caption as follows:
AN ORDINANCE
GRANTING A FRANCHISE TO DBL CABLESYSTEMS OF
THE SOUTHWEST, INC. D/B/A PARAGON CABLE TO
FURNISH CABLE TELEVISION AND RELATED
SERVICES AND SETTING FORTH THE TERMS AND
CONDITIONS THEREOF.
Mrs. March moved to approve the first reading
ordinance granting a franchise to KBL Cablesystems
Southwest, Inc. dba Paragon Cable. Mr. Baldwin
the motion, which carried with the folloWing vote:
of an
of the
seconded
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
. "
~ ; .,
#6 AGREEMENT: Consider and take action on a sub-lease
agreement with the Adolph Schertz Scouting Association.
Mr. Sweatt acknowledged that this was called to Council
attention; and as a result was discussed with the Scouting
Association. Their current lease provides that the property
will not be sub-leased without Council agreement. The
Association is now completinq an aqreement between them and
the Church. As it has not been completed at this time, Mr.
Sweatt suqqested Council might approve the sub-lease and the
agreement will be brought back when it is finished.
Mrs. Marsh moved to approve the sub-lease of the property
to the church. Mr. Greenwald seconded the motion.
Mr. Baldwin asked if this would be for a short period of
time.
Mayor Sawyer reiterated that the association officers did
not have anyone to tell them what the aqreement with the
City consisted of. He told Mr. Baldwin that Council aqreed
at the workshop, which Mr. Baldwin was unable to attend,
that this would be allowed as lonq as it was a short-term
lease. He said the church has done a lot of repair work on
the building at their own expense. He then called for a
vote on the motion and the motion carried as follows:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#7 APPOINTMENT:
appointing two members
Authority Governing Body.
Mayor Sawyer reminded that at the workshop, it was agreed
that John Bierschwale and Ken Greenwald should be appointed.
Consider
to the
and take action on
Canyon Reqional Water
Mrs. Marsh moved to appoint John Bierschwale and Ken
Greenwald to the Canyon Reqional Water Authority Governing
Body. Mrs. Stanhope seconded the motion, which carried
with the following vote:
AYES: Councilmembers Potempa, Baldwin, Stanhope, Marsh and
Greenwald.
NAYS: None
#8 CITY MANAGER'S REPORT: A. Called attention to a parade
schedule in the packets for float participate. We still
have vacant dates and need drivers and chaperons.
B. Called attention to our letters of appreciation for the
assistance from Randolph Air Force Base during an emergency
at the High School.
1 0C:
J..0V
#9 ITEMS BY COUNCIL:
Mr. Potem~a - He said he had been appointed by the 25th
Judicial District as a member of the new Community Criminal
Justice Council. This committee takes in Guadalupe,
Gonzales, Lavaca and Colorado Counties.
"r. Greenwald - He had some excerpts from a book on the
Reinvention of the Wheel Coalition for Drug Free Community.
It states it is for Seguin and Guadalupe County citizens and
talks about minors in possession, teen court and really
everything that we in the City and Cibolo Valley Alcohol and
Drug Abuse are already doing. Unfortunately they believe
that CAVADAC is a private organization, without state
funding. He planned to attend the meeting in Seguin High
School Cafeteria on the 15th and asked anyone to go with
him. They are going to include part of Guadalupe County
population as far as grant funding and that will have an
impact on CAVADAC.
*10 ITEMS BY MAYOR: None
*11 ADJOURNM6n~: Mr. Potempa moved the meeting
adjourned at 7:42 p.m., with Mr. Baldwin seconding
motion and it carrying unanimously.
be
the
ATTEST:
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