08-25-2020 MinutesMINUTES
REGULAR MEETING
August 25, 2020
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas,
on August 25, 2020, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council
Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members
present to -wit:
Present: Mayor Ralph Gutierrez; Mayor Pro -Tem Rosemary Scott; Councilmember
Scott Larson; Councilmember Michael Dahle; Councilmember David
Scagliola; Councilmember Allison Heyward; Councilmember Tim Brown;
Councilmember Mark Davis
City City Manager Dr. Mark Browne; Assistant City Manager Brian James;
Staff Assistant City Manager Charles Kelm; City Attorney Daniel Santee; City
Secretary Brenda Dennis
Call to Order — City Council Regular Session
Mayor Gutierrez called the regular meeting to order at 6:00 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and
State of Texas. (Councilmember Allison Heyward)
Mayor Gutierrez recognized Councilmember Heyward who provided the opening prayer
followed by the Pledges of Allegiance to the Flags of the United States and the State of
Texas.
Mayor Gutierrez gave specific requests to guests and staff in reference to wearing their
masks during the City Council meeting and departing the Council meeting.
City Events and Announcements
Announcements of upcoming City Events (B. James /C. Kelm/S. Gonzalez)
No announcements were provided.
i Announcements and recognitions by the City Manager (M. Browne)
Mayor Gutierrez recognized City Manager Dr. Mark Browne who provided
announcements referencing the following deployment missions of our staff:
AMBUS Crew has deployed to the Beaumont, Texas area waiting on the results
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of the hurricane. The staff are as follows: Mike Shown - Crew Chief, Tyler Bowker
- Diver/Load Master, Dave Yergin, Chris Foerster, Anthony Sperduti, and Ryan
Wilson - Crew members - Swift water rescue with Texas Task Force 1 - Chris
Meek.
West Texas on Type VI Brush 3. This crew is being sent around the region at this
point to assist with any fires that break out in an effort to gain control very quickly.
There are several teams from different regions assigned in different areas to do just
this. The staff are as follows: Patricio Wilson, Tyler Wencka, and Aaron Escobedo.
• California on Type III Engine 532. The staff are as follows: Mack Melancon, Carl
Schultze, Myron Boerger, and Justin Schwersinske. They made the drive to
California and have been assigned to the Santa Clara Unit Lightening Complex
fires. Estimated at 347000+ acres with 10% containment at 9:00 am PST.
• Announcements and recognitions by the Mayor (R. Gutierrez)
Mayor Gutierrez recognized our staff involved in helping other states in disaster
situations.
Hearing of Residents
Residents who choose to watch the meeting via live stream, but who would like to
participate in Residents to be Heard, should email their comments to City
Secretary, Brenda Dennis, at bdennis@schertz.com by 5:00 p.m. on Monday,
August 24, 2020, SO THAT THE CITY SECRETARY MAY READ THE PUBLIC
COMMENTS INTO THE RECORD UNDER THE HEARING OF RESIDENTS.
In the body of the email please include your name, your address, phone number,
agenda item # if applicable or subject of discussion, and your comments.
This time is set aside for any person who wishes to address the City Council. Each
person should fill out the speaker's register prior to the meeting. Presentations should
be limited to no more than 3 minutes.
All remarks shall be addressed to the Council as a body, and not to any individual
member thereof. Any person making personal, impertinent, or slanderous remarks
while addressing the Council may be requested to leave the meeting.
Discussion by the Council of any item not on the agenda shall be limited to statements of
specific factual information given in response to any inquiry, a recitation of existing
policy in response to an inquiry, and/or a proposal to place the item on a future agenda.
The presiding officer, during the Hearing of Residents portion of the agenda, will call on
those persons who have signed up to speak in the order they have registered.
Mayor Gutierrez indicated that no one signed up to speak on the speakers form and
asked City Secretary Brenda Dennis if any resident had signed up on -line to be heard.
She indicated that she did have one and read the following:
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Cindy Wood, Comal County Senior Citizens Foundation - regarding the Meals On
Wheels program in Comal, Guadalupe (including Schertz, Cibolo & Marion),
Wilson and Karnes Counties. It's an orginization that provides lunches daily
Monday- Friday, 52 weeks of the year, to qualifying seniors that are 60 years of age
and older who are home bound, and to disabled adults over 18 years old. Home
bound means that they cannot drive. To qualify people requesting to be on the
MOWs program, an in -home visit for an assessment is performed on everyone, and
then an annual re- assessment is performed each year that the client stays on the
program to determine whether they are still eligible. Income is not a determining
factor for eligibility, and the meals are provided at no cost to the clients. The meals
are approved by a licensed dietitian and meet guidelines set in place by Alamo
Area Council of Governments, which supports Alamo Agency on Aging. If the
client meets the qualifications of AACOG, then we receive some funding from
AACOG to help cover the cost of the meals. If they do not meet AACOG's
qualifications, then CCSCF will still accept the client's request if our intake
coordinator believes that the person should receive home delivered meals, and the
meal is then considered "unfunded ". To pay for unfunded meals, CCSCF relies on
donations, grants, and fundraisers to help cover the cost of the meals. Last year
CCSCF provided over 40,000 unfunded meals at the cost to us of $4.00 per
meal.The MOWs program is a very necessary program that many home bound
individuals rely on. As a non - profit, we rely on donations, grants, fundraisers, etc.,
for the money to keep this program running. As more and more non - profits are
being formed, it is getting harder to find funding for our program. Please tell others
about this program and if they have any interest in helping the seniors and disabled
in our communities, there is always help needed whether it be volunteers, or by
donating. Any help that you can give is truly appreciated.
Consent Agenda Items
The Consent Agenda is considered self - explanatory and will be enacted by the Council
with one motion. There will be no separate discussion of these items unless they are
removed from the Consent Agenda upon the request of the Mayor or a Councilmember.
The following items were read into record:
1. Minutes — Consideration and /or action regarding the approval of the minutes of
the Special meeting of August 7, 2020, and the minutes of the Regular meeting
of August 11, 2020. (B. Dennis)
2. Resolution No. 20 -R -95 - Consideration and /or action approving a Resolution
by the City Council of the City of Schertz, Texas authorizing Agreements with
the Drug Enforcement Administration. (C. Kelm/M. Hansen)
3. Resolution No. 20 -R -94 — Consideration and/or action approving a Resolution
by the City Council of the City of Schertz, Texas, authorizing the City Manager
to sign an Interlocal Agreement for Fire Protection Services with Bexar County.
(C. Kelm/K. Long)
4. Resolution No. 20 -R -96 - Consideration and/or action approving a Resolution by the City
Council of the City of Schertz, Texas, authorizing the City Manager to enter into an indefinite
quantity, indefinite delivery contract with Brauntex Materials for asphalt, hot mix, and other
related materials. (C. Kelm/ S. Williams)
5. Resolution No. 20 -R -93 — Consideration and /or action approving a Resolution
by the City Council of the City of Schertz, Texas amending Resolution 20 -R -67
which called the November 3, 2020 City of Schertz Joint General Election with
Comal County, Bexar County and Guadalupe County and approving the Comal
County Agreement/Memorandum of Understanding, Bexar County
Agreement/Memorandum of Understanding and the Guadalupe County Election
Contract, and by revising the early voting period. (B. Dennis /Council)
6. Ordinance No. 20 -H -25 - Consideration and/or action approving an Ordinance
by the City Council of the City of Schertz, Texas, amending the Code of
Ordinances, Chapter 34 "Health ". Final Reading (C. Kelm/M. Bane)
7. Ordinance No. 20 -T -27 - Consideration and /or action approving an Ordinance
by the City Council of the City of Schertz, Texas, authorizing an adjustment to
the fiscal year 2019 -2020 budget, repealing all Ordinances or parts of
Ordinances in conflict with this Ordinance; and providing an effective date.
Final Reading (M. Browne/B. James /J. Walters)
8. Ordinance No. 20 -F -26 - Consideration and /or action approving an amendment
to Ordinance 15 -F -17 by the City Council of the City of Schertz, Texas,
repealing an Ordinance of the code of Ordinances of the City of Schertz and
adopting a new Ordinance with updated provisions regarding the collection and
disposition of solid waste and recyclable material in the City; providing for the
removal of an outdated table and referencing the City's current FY fee schedule.
First Reading (C. Kelm /S. Williams /J. Hooks)
Mayor Gutierrez asked Council if there were any items to be removed from
Consent for separate action. No items were removed.
Moved by Councilmember Allison Heyward, seconded by Councilmember
David Scagliola to approve consent agenda items 1 through 8.
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AYE: Mayor Pro -Tem Rosemary Scott, Councilmember Scott Larson,
Councilmember Michael Dahle, Councilmember David Scagliola,
Councilmember Allison Heyward, Councilmember Tim Brown,
Councilmember Mark Davis
Passed
Public Hearings
The following item was read into record:
9. Public Hearing on Proposed Budget for FY 2020 -21- Conduct a public
hearing and presentation regarding the adoption of the FY 2020 -21 Budget.
(First required public hearing) (M. Browne/B. James /J. Walters)
Mayor Gutierrez recognized Finance Director James Walters who provided a
brief PowerPoint presentation outlining the proposed FY 2020 -21 Budget. Some
of the highlights included:
All Funds - Expenses
General Fund $37,214,581
I &S $7,094,861
Water & Sewer Fund $24,279,835
Capital Recovery Water $206,000
Capital Recovery Sewer $208,000
Drainage Fund $1,443,563
EMS Fund $9,703,111
SEDC $8,144,799
Special Revenue Funds $699,480
Grand Total $89,444,230
o Fund Balance/Equity
FY 2020 -21
Total Expenditures
Net Change
Estimated Fund Balance
General Fund
$37,214,581
($678,630)
$10,513,720
1&S Fund
7,094,861
960
791,916
Water & Sewer Fund
24,729,835
774,533
10,011,164
Capital Recovery-Water
206,000
966,000
8,587,302
Capital Recovery-Sewer
208,000:
464,000
7,617,139
Drainage Fund
1,443,563
(176,563)
474,114
EMS Fund
9,703,111
82,314
2,962,791
SEDC
8,144,799
(3,496,428)
16,107,454
Special Events Fund
32,100
0
110,517
PEG Fund
185,500
(95,500)
794,548
Hotel Tax Fund
253,930
286,820
2,641,718
Park Fund
125,000
(51,500)
204,370
Tree Mitigation
70,000
4,500
456,157
Library Fund
21,200 '
0
76,851
Historical Committee
11,750
0
13,766
Total:
$89,444,230
($1,919,494)
$61,363,525
* General Fund
- Comprehensive Land Use Plan/Unified Development Code Update
- CIP Funding
- Facilities Maintenance
- Class & Comp Implementation/ Employment Cost Index (ECI)
- Funding personnel recommended by Staffing Study
W &S Fund
- Ware- Seguin to Lower Seguin Loop Line Construction $1,100,000
- Greytown to Pfiel Loop Line Design $156,200
- Corbett Ground Water Storage Tank Design $300,000
- FM 1518 Utility Relocation Design $750,000
- Aviation Heights Waterline Replacement $1,800,000
- Northcliffe Country Club Estates AC pipe Design & Bid $100,000
• EMS Fund
- Hire a Full Time Instructor for EMT and other classes
- Add 2 12 -hour Full Time Paramedics
- Add a 24 -Hour Full Time Paramedic
* Drainage Fund
Drainage Channel Maintenance
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FY 2020 -21 Project
Amazon Channel - $300,000
a Economic Development
Approved Incentives $3,119,275
Tri County Road Improvements $4,050,000
Mayor Gutierrez opened the public hearing, and as no one spoke; closed the
public hearing for Council comments.
Members of Council provided their appreciation and thoughts regarding the
work done on the preparation of the budget. Mr. Walters addressed questions
from Council.
The following item was read into record:
10. Public Hearing on the Proposed Tag Rate - Conduct a public hearing
regarding the adoption of the FY 2020 -21 Tax Rate. (First required public
hearing) (M. Browne/B. James /J. Walters)
Mayor Gutierrez recognized Finance Director James Walters who provided a
brief PowerPoint regarding the proposed FY 2020 -21 Tax rate. Some of the
highlights included:
9 2020 Property Values
2019 Taxable Value $3,754,805,757
2020 Equivalent Taxable Value $3,785,492,777
2020 New Taxable Development +$ 120,725,051
2020 Adjusted Taxable Value $3,906,217,828
Difference between Adjusted $ 151,412,071
Taxable Values
-& Tax Rate
No new Revenue rate - $0.5079 - The tax rate which will generate the
same revenue for the city from property on the previous year's tax roll.
Voter Approval Rate - $0.5247 - The rate if exceeded triggers an
automatic election on the tax rate.
Current rate - $0.5146 - The rate currently adopted by the City.
Proposed Maximum rate - $0.5146 (Proposed budget assumes this
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rate) - The maximum rate set at which the final adopted rate cannot
exceed. $0.01 is equal to $390,000 revenue or $24.45 on the average
home.
Target Tax Rate:
Tax Rate Current Proposed Maximum
M &O $0.3496 $0.3495 For day to day
operations
I &S $0.1650 $0.1651 To pay the City's
Debt
Total $0.5146 $0.5146
FY 2020 -21 City Tax Rate
At $0.5079 No New Revenue Rate
Existing Residents Average City Tax Bill
2019 Tax Bill = $1,200 Avg Home Value $233,200
2020 Tax Bill = $1,241 Avg Home Value $244,500
Increase =$ 41*
*This represents the increase of the tax bill on the average taxable home
value, including new construction
At Current Rate $0.5146
Existing Residents Average City Tax Bill
2019 Tax Bill = $1,200 Avg Home Value $233,200
2020 Tax Bill = $1,258 Avg Home Value $244,500
Increase = $ 58* (increase of $17) **
*This represents the increase of the tax bill on the average taxable home
value, including new construction
* *This represents the increase of the tax bill on the average existing home
At $0.5247 Voter Approval Rate
Existing Residents Average City Tax Bill
2019 Tax Bill = $1,200 Avg Home Value $233,200
2020 Tax Bill = $1,282 Avg Home Value $244,500
Increase = $ 82* (increase of $41**)
*This represents the increase of the tax bill on the average taxable home
value, including new construction
* *This represents the increase of the tax bill on the average existing home
Mayor Gutierrez opened the public hearing, and as no one spoke; closed the
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public hearing for Council comments. Mr. Walters addressed questions from
Council.
Workshop
The following item was read into record:
11. Workshop Discussion and Update (Ordinance 20 -H -18) - Discussion and
update regarding the COVID -19 virus and our current Ordinance No. 20 -H -18
Declaration of Local Disaster. (M. Browne/K. Long)
Mayor Gutierrez recognized Fire Chief Kade Long who provided information
regarding the COVID -19 Virus current numbers, which included active cases,
recovered cases, hospitalizations, and number of deaths. Chief Long indicated
that the Guadalupe County numbers remain around the 50's, currently Guadalupe
has 57 active cases.
Roll Call Vote Confirmation
Mayor Gutierrez recognized City Secretary Brenda Dennis who provided the roll call
vote confirmation for agenda items 1 through 8.
Closed Session
Mayor Gutierrez recessed the regular meeting into Closed Session at 6:45 p.m. and read
the following items into record:
12. The City Council will meet in Closed Session in accordance with Section
551.087 of the Texas Government Code, Deliberation Regarding Economic
Development Negotiations Closed Meeting. The governmental body is not
required to conduct an open meeting (1) to discuss or deliberate regarding
commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay,
or expand in or near the territory of the governmental body and with which the
governmental body is conducting economic development negotiations; or (2) to
deliberate the offer of a financial or other incentive to a business prospect.
• Project E -062
13. The City Council will meet in Closed Session in accordance with Section
551.072 of the Texas Government Code to deliberate the purchase, exchange,
sale, lease, or value of real property, or real estate needed for future right of way.
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14. The City Council will meet in Closed Session in accordance with Section
551.071 of the Texas Government Code to receive legal advice from its
attorneys regarding the following litigation:
Cause No. D- 1- GN -18- 000535; Green Valley Special Utility District v.
Public Utility Commission of Texas; Deann T. Walker, Arthur D'Andrea,
and Brandy Marty Marquez, in their official capacities as Commissioners
of the Public Utility Commission of Texas; Brian H. Lloyd, in his official
capacity as Executive Director of the Public Utility Commission of Texas,
or his successor; and the City of Schertz, Texas, in the 419th District Court
of Travis County, Texas;
No. 18- 51092; Green Valley Special Utility District v. City of Schertz,
Texas; DeAnn T. Walker, in her official capacity as Chairman and
Commissioner of the PUC; Arthur C. D'Andrea, in his official capacity as a
Commissioner of the PUC; John Paul Urban, in his official capacity as
Executive Director of the Public Utility Commission of Texas; Brian James,
in his official capacity as the City Manager of the City of Texas, TX; Shelly
Botkin; in the United States Court of Appeals for the Fifth Circuit;
• No. 07 -20- 00167 -CV; City of Schertz and Cibolo Creek Municipal
Authority v. Texas Commission on Environmental Quality and Green
Valley Special Utility District; in the Seventh Court of Appeals, Amarillo,
Texas; and
• No. 19- 51056; City of Schertz v. United States Department of Agriculture,
acting by and through George Ervin "Sonny" Perdue, III, Secretary of
Agriculture; Rural Utilities Service, acting by and through Edd Hargett,
Sate Director; Green Valley Special Utility District; in the United States
Court of Appeals for the Fifth Circuit.
Reconvene into Regular Session
Mayor Gutierrez reconvened into regular session at 7:43 p.m.
12A. Take any action based on discussions held in closed session under Agenda
Item 12.
No action taken.
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13A. Take any action based on discussion held in closed session under Agenda
Item 13.
No action taken.
14A. Discuss, consider and take any action based on discussions held in closed
session under agenda Item 14 regarding pending litigation, including:
Cause No. D- 1- GN -18- 000535; Green Valley Special Utility District v. Public
Utility Commission of Texas; Deann T. Walker, Arthur D'Andrea, and Brandy
Marty Marquez, in their official capacities as Commissioners of the Public Utility
Commission of Texas; Brian H. Lloyd, in his official capacity as Executive Director
of the Public Utility Commission of Texas, or his successor; and the City of
Schertz, Texas, in the 419th District Court of Travis County, Texas;
• No. 18- 51092; Green Valley Special Utility District v. City of Schertz, Texas;
DeAnn T. Walker, in her official capacity as Chairman and Commissioner of the
PUC; Arthur C. D'Andrea, in his official capacity as a Commissioner of the PUC;
John Paul Urban, in his official capacity as Executive Director of the Public Utility
Commission of Texas; Brian James, in his official capacity as the City Manager of
the City of Texas, TX; Shelly Botkin; in the United States Court of Appeals for the
Fifth Circuit;
No. 07 -20- 00167 -CV; City of Schertz and Cibolo Creek Municipal Authority v.
Texas Commission on Environmental Quality and Green Valley Special Utility
District; in the Seventh Court of Appeals, Amarillo, Texas; and
No. 19- 51056; City of Schertz v. United States Department of Agriculture, acting
by and through George Ervin "Sonny" Perdue, III, Secretary of Agriculture; Rural
Utilities Service, acting by and through Edd Hargett, Sate Director; Green Valley
Special Utility District; in the United States Court of Appeals for the Fifth Circuit.
No action taken.
Requests and Announcements
. Announcements by the City Manager.
Mayor Gutierrez recognized City Manager Dr. Mark Browne who showed a photo
of the Crew that left on Saturday driving to California with the Brush Truck. The
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photo was taken at the rally point at the National Armory at Fort Sam. We want to
recognize again, the great work by our Fire Crew.
® Requests by Mayor and Councilmembers for updates or information from staff.
None at this time.
Requests by Mayor and Councilmembers that items or presentations be placed on a
future City Council agenda.
None at this time.
• Announcements by Mayor and Councilmembers
• City and community events attended and to be attended
• City Council Committee and Liaison Assignments (see assignments below)
*Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
Mayor Pro -Tern Scott who stated not at this time, however, congratulations to City
Staff for rising to the occasion in serving not only our community but our fellow
Americans.
Councilmember Dahle who announced that he attended the Senior Center Bingo
event last week. He thanked all the First Responders who are deployed all across
the nation, offering their services.
Councilmember Heyward announced she attended the Chamber Luncheon last
week, where she received her Chamber Leadership Core Graduation Certificate.
She attended the Tax and Rate Town Hall meeting, attended a Texas 2021 Zoom
meeting, that is a grassroots organization that works to improve the transportation
infrastructure in the State of Texas and Oklahoma. She also attended the Caterpillar
Chamber Bowl, fundraiser for DECA. Lastly, she attended the Tri County
Chamber Annual Golf Tournament, helping with the putting green competition.
Mayor Gutierrez stated he wanted to pass along his congratulations to
Councilmember Heyward for completing the Chamber Leadership Core Class.
Mayor Gutierrez stated he also attended the Caterpillar Chamber Bowl fundraiser
event.
Information available in City Council Packets - NO DISCUSSION TO OCCUR
Mayor Gutierrez mentioned agenda item 15 which was in the City Council packets and
can also be found on our website.
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15. Quarterly Financial Reports. (B. James /J. Walters)
Adjournment
As there was no further business, Mayor Gutierrez
ATTEST:
,}J
Brenda Dennis, City Secretary
adjourned the meeting at 7:48 p.m.
�e , r-,
#-Ip'h dAierrez, Mayor
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