ccswks 02-12-1992
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SPECIAL MEETING OF THE CITY COUNCIL
FEBRUARY 12, 1992
The Schertz City Council convened in Special Workshop
Session, Wednesday, February 12, 1992 at 7:00 p.m. in the
Conference Room of the Municipal Complex, 1400 Schertz
Parkway, Schertz, Texas. The following members were
present: Mayor Earl W. Sawyer, presiding: Hal Baldwin;
Barbara Stanhope; Mary Marsh and Ken Greenwald. Absent:
Joe Potempa. Staff present were City Manager Kerry Sweatt
and City Secretary June Krause.
Mayor Sawyer welcomed everyone to the meeting and wished a
belated Happy Birthday to Mrs. Marsh.
#1 HEARING OF RESIDENTS: None
#2 Discussion of formation of a Teen Court.
Mayor Sawyer recognized Maribeth Powers from the
Probation Office, Stephany Mitchell from the
Probation Office and Judge Cinnamon.
Seguin
Schertz
Mr. Sweatt advised that State law says there should be some
alternatives in handling certain juvenile matters. Under
the Criminal Code, juveniles are treated substantially
different than adults on certain kinds of activity. In our
case, we have proposed that certain kinds of traffic
offenses that are committed by juveniles between the ages of
fourteen and under seventeen,be considered for some action
other than fines or the typical type of offense punishment.
Judge Cinnamon has done an amazing amount of work and
research on this issue. Judge Cinnamon has also discussed
this with Maribeth Powers and others. Mr. Sweatt added
that after resolving any questions, it is our recommendation
to establish this Teen Court Program in our community.
Judge LeRoy Cinnamon said we have believed for some time
that we needed another alternative for juveniles in the
court. He said we have youngsters coming in with first
offenses and under the law, they must come to court and
bring parents. He said that although there are complaints,
he felt the parents should be present and participate with
their children. He went on to say that there are two or
three reasons why a Teen Court should be effective. First,
we can help that first timer keep his record clean.
Secondly, by working with the schools, and he had discussed
this with Dr. Steele, we want to use this in the school
system teaching the students how to be attorneys and juries
in this Teen Court. He said Austin had been very good in
backing him up - they had even sent him a cassettes of a
mock trial that can be used in the training. After the
training, we would then have an actual trial run by the
teens with the exception of the judge. Normally the judge
is a local attorney who is willing to donate his time and he
has four attorneys who have indicated they would be willing.
The County Attorney has indicated she is very supportive of
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this program also. Judge Cinnamon advised that we will be
breaking the ice in starting something that will be helpful
to the students. He said he wanted to see that the children
get credit for their time on the court. The end result is
that the parents will be present in the Teen Court and they
will participate by supporting their child.
Mrs. Marsh asked for clarification, asking if they still
have to go to court and then can elect whether or not to go
to Teen Court before any type of sentence.
Judge Cinnamon said yes, when the students receive a
citation they must go to court. The cannot mail it in.
They must bring at least one parent or guardian. If they
want to participate in the Teen Court, they must plead
guilty or no contest. This will not take any of their
rights away from them but this will add a few more. When
they plead guilty, they asked what options they have. The
Judge can tell them they can come under a deferral program,
they can go to driver's school: but if they elect the Teen
Court, there are certain musts. They must go before that
court with parents and must plead guilty because the Teen
Court does not find them guilty or innocent - they only
mandate a sentence that is monitored by the Judge.
Mrs. Marsh asked if the record on a juvenile would be wiped
clean or maintained.
Judge Cinnamon said the record of Teen Court is maintained
and on a second offense, a juvenileu would not be eligible
for Teen Court for another two years.
Mr. Sweatt said he and Judge Cinnamon thought it very
important that we begin this program dealing with only the
Schertz-Cibolo-Universal City School District students.
However, that would enable two other cities to participate
with us and we would gain the participation of their courts
as well. He added that they also felt it better to confine
this court to traffic offenses at this time.
Mrs. Powers said she would like to partiCipate with some
type of joint venture with Teen Court. She said they have a
lot of ideas and with this kind of help, we may see an
increase in students asking for Teen Court. She added that
they are 100% behind this effort.
Mr. Greenwald felt this is the way of the future as peer
pressure is great. He asked if there would be a
jurisdictional problem with using traffic tickets from other
cities.
Judge Cinnamon said they have looked into that and there is
not a problem.
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Mr. Baldwin said he felt it was an outstanding program and
the thing he likes most about this idea he like most about
the program was the distinction between punishment and
enforcement. You are not really punishing the student, you
are re-enforcing behavior. He said he was anxious to see it
get started.
Mrs. Stanhope said she felt this was one of the best ideas
she had read in a long time. She said she is really
delighted to see it get started.
Mayor Sawyer advised that since Council really likes the
program, he wanted Judge Cinnamon to get it started.
Mr. Sweatt said Judge Cinnamon had also offered to serve, in
an unpaid status, as the coordinator for this program.
#3 Discuss traffic control
Square.
measures in Savannah
Mayor Sawyer advised that at our last workshop, Mrs.
Cabanski brought to Council's attention some traffic
problems their Homeowner's Association had in Savannah
Square.
Mrs. Chris Cabanski said that in talking with their
membership, they feel the 30 miles per hour speed limit on
Savannah Drive is just too high, especially in coming down
the hill when you tend to build up speed. They recommend
reducing the speed limit to 20 miles per hour because of the
children playing and busses dropping off children. She
realized it would take some time to implement but felt it
would be worth it.
She also said it had been brought to their attention that
there is a yield sign at Oglethorp and Habersham: but they
have determined that there is no sign there at all. At any
rate, she did not even know if a stop or yield sign would do
any good at that point.
Mr. Sweatt said he had reviewed this with both the Chief of
Police and Street Department Supervisor. They all feel the
30 miles per hour on Savannah Drive is appropriate since
this is intended to be a through street. The problem seems
to be a question of enforcement rather than lowering the
speed limit. They recommend a concerted enforcement to slow
traffic. This is really not a residential street - it has
no houses fronted on it. He said they also think a stop
sign may be called for at Habersham but do want to
concentrate on enforcement first.
Mrs.
now.
cabanski indicated that would be fine with then for
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Mayor Sawyer suggested finding out how many tickets had been
issued in that area and then step up patrol in the area and
then the number of tickets issued after that in order to
show people that we do have police officers in the area.
Mr. Greenwald asked if while the officer is patrolling he
could check out the children on bicycles 0 crossing the
thoroughfare.
Mayor Sawyer asked Mrs. Cabanski and her group to come back
in about two months and let Council know how they feel about
the stepped up patrolling.
#4 Discuss final consideration of an ordinance
amending the Plumbing Code regarding backflow protection and
water saving fixtures.
Mayor Sawyer reminded Council that Mr. Sweatt had explained
this at the last meeting, where the first reading of the
ordinance was approved.
Mr. Sweatt added that this is a two-fold amendment to the
Plumbing Code. The first is a backflow prevention in any
form. He said the more you learn about backflow, the more
alarming it really is. The other part deals with questions
of low flow plumbing fixtures and appliance. In both
instances, there are portions of these covered by State law.
Council discussed various backflow prevention measures with
Water/Waste Water Supervisor John Bierschwale. Mr. Sweatt
said one of the biggest concerns is a line break. When the
pressure drops, it is awesome what kinds of contaminants
could come back into our system. Also, with the low-flow
fixtures, a resident could save about 8,000 gallons of
water/sewer per year and also save on gas or electricity by
using less hot water in showers.
#5 Discuss emergency consideration of an ordinance
calling an election for May 2, 1992.
Mayor Sawyer advised that this is a procedure that has to be
done and Council agreed to put this item on the next agenda.
#6 Discuss Public Hearing on proposed cable television
franchise with Excel Communications Inc.
Mayor Sawyer referenced copies of a letter from T.J.
Connolly of Paragon Cable, in which he is asking Council to
be careful of Cable Franchise companies coming in for a
franchise because ninety percent of them have failed,
declared bankruptcy and sold their franchise. Mayor Sawyer
then asked Council if they would be ready for the Public
Hearing at the next meeting and they said they would be
ready.
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#7 Discussion of public hearing on proposed annexation
of three tracts of land containing approximately 250.96
acres out of Guadalupe County.
Mr. Sweatt said there are two main property owners involved
in these three tracts of land. One advised he was in
agreement and the other had no comments.
#8 Discuss current water supply issues.
Mayor Sawyer referred to a letter from Mr. John
concerning a proposed water well site, in which Mr.
stating his demands or demanding disannexation.
Sawyer said he does not believe in disannexation.
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Mayor
Mr. Sweatt advised that the purpose of this item was to
describe and review a number of alternative sources of
water. He said his memo furnishes a recap of what the
Visions Group 1 felt are some of the alternatives.
1. Authorize membership in Canyon Regional Water
Association (cRWA) as an associate member at this time. The
cost would be $500 and does not rule out full membership in
the future.
2. Move forward on testing and study for Maske Road
area alternate groundwater source - maximum cost estimate is
$5,000.
3. Adopt ordinance requiring low water use appliance
and fixtures.
4. Initiate preliminary discussion with both NBU and
GBRA regarding contract provisions for surface water
purchase.
5. Hold, temporarily, the matter of an additional
Edwards well site in Guadalupe County pending state action.
Mr. Greenwald said the Vision Group is just saying, let us
not wait until the court decision, but start looking now.
Mr. Baldwin remarked that the full membership in CRWA would
give us voting membership; and asked if this would not be
viable.
Mr. Sweatt said they do not have anything to offer right
now; but they are indicating that we either join now or not
at all.
Mr. Baldwin brought up the option of ccMA sewer. John
Bierschwale said the only reason it was not listed in their
recommendations is there are still too many State
regulations.
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Mr. Sweatt said we believe it has a lot of merit for
secondary water source, such as for golf course.
Councilmembers agreed with the Mayor to authorize associate
membership in CRWA and pursue the Maske Road groundwater.
Also to continue looking at the other items recommended.
#9 CITY MANAGER'S REPORT: A. Announced that on
Saturday, March 14, there will be a TML Region 7 meeting in
Seguin at the Holiday Inn beginning at 6:00 p.m. They would
like to receive RSVPs by March 10th.
B. Have received, from the Randolph Field Rotary Club, a
letter asking the City to recommend an Outstanding Volunteer
of the Year. Mayor Sawyer advised it has been suggested
that the City nominate Anita Clark.
C. Reminded everyone that Monday, February 17th would be a
holiday and the City offices would be closed except for
emergencies.
#10 ITEMS BY COUNCIL: none
#11 ITEMS BY MAYOR: Referring to the recent rain and
closing of the low water crossing of Cibolo Creek, Mayor
Sawyer suggested that everyone who has been caught in the
bottleneck on FM 78 to write the Department of Public
Transportation and their Congress and State representatives.
#12 ADJOURNMENT: There being no further business to
bring before Council, Mayor Sawyer declared the meeting to
be adjourned at 8:29 pm.
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ATTEST:
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