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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. ~- 100 00 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 ~u 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: 9 -Ca /J" :/i~J-- ~;o~~ OfSCh~, TX !1l1A1 _ /r c.rr Secretar