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12-11-2007MINUTES REGULAR SESSION DECEMBER 11, 2007 The Schertz City Council convened in Regular Session on Tuesday, December 11, 2007, at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members were present: Mayor Hal Baldwin presiding, Mayor Pro -Tem John Trayhan, and Councilmembers David Scagliola, Jim Fowler, Tony Wilenchik and Michael Carpenter. Also present were: City Manager Don Taylor, Assistant City Manager David Harris, and Interim City Secretary Mary Ybarra. #1 CALL TO ORDER. Mayor Baldwin called the meeting to order at 6:30 p.m. #2 PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Both pledges were recited. #3 HEARING OF RESIDENTS. Frances Rushing, Schertz Chamber of Commerce President • Thanked City staff for their help with the Festival of Angels Parade and lighting of the tree at City Hall after the parade. It was a huge success. • Christmas in the Park was also a great success. • She also thanked City Council and several staff members for their help at the event. Upcoming Ribbon Cuttings: • Lowe's, Dec 201h • Massage Envy, Dec 201h • Schertz Elementary Groundbreaking, Dec 201h • Premiere Martial Arts, Jan 3'd • Julie Weidner CPA, Jan 81h in Garden Ridge David Richmond, Resident, • Grackle problem at FM 3009 and IH -35. Thousands of them infiltrate this area. It is a health problem. • Digital billboards in San Antonio have come to the forefront. San Antonio City Council has come on line stating that they don't like them. They did allow Clear Channel a one year permit to put them up. Most major cities in Texas do not allow the construction of these types of digital billboards on major highways. City Council Regular Meeting 54 December 11, 2007 #4 Items by Council General Announcements Mayor Pro -Tern Trayhan • Attended the Schertz Housing Authority meeting on December 10th where they approved the 2008 budget. • Thanked City staff and Council Members for their participation at the Christmas Festival. Councilmember Fowler • Everyone had a good time at Christmas in the Park, and the weather was great. Councilmember Scagliola • Attended TSAC December Wh • Thanks for the Festival of Angels event and Christmas in the Park. • Also attended the Cibolo FFA event this weekend. Councilmember Wilenchik • Thanks to staff and the Chamber for the holiday events - -- great job! • Publicly acknowledged tragedy of the Truitt family and expressed his condolences. • Graffiti ordinance completed yesterday and will be sent to Mike Spain; Animal Control ordinance has been at Mike Spain's office - -- hope to have it on the agenda for the 18th of December. • Commissioner's Court update: Veterans Service Officer reported 132 Schertz cases and 93 Seguin cases; the 100 percent burn ban remains in effect for the rest of the year; passed a ban on aerial fireworks; passed a resolution giving their votes for the Guadalupe County Appraisal District elections. Councilmember Carpenter • Thanked the Library Board for allowing him to ride on the Library float in the Festival of Angels Parade. • Mentioned that he also doesn't want any electronic billboards in the City of Schertz. • Has heard from some residents on the grackle issue. • Visited with residents of Mesa Oaks and we will be hearing from them soon. #5 Items by Mayor General Announcements • Continues to be amazed at how many out -of -town people approach him about the Festival of Angels and Christmas in the Park events. • Attended his first commuter rail meeting; there are some issues to be ironed out. Some cities are still not represented on this issue. City Council Regular Meeting 55 December 11, 2007 #6 INTRODUCTIONS: New city employees in the Fire and Parks Department. Fire Chief Covington introduced and read a short biography on new Fire Department employee John Hernandez. Parks and Recreation Director George Logan introduced and read short biographies on new Parks employees Kelley Hewlett and Rick Alvarado. #7 PROJECT UPDATES: Capital projects update. Mr. Taylor introduced this item and briefly explained that all information was in their Council packet. Councilmember Fowler asked if the bond projects chart could be updated. Councilmember Carpenter asked questions on project statuses. Patricia Ramirez, EDGE Engineering, explained that all projects showing on the chart are funded projects. Mayor Pro -Tem Trayhan asked if Council could get this product quarterly with a different type of graphic that is easily readable with a summary sheet. Ms. Ramirez continued by describing the status of each project currently in progress. Councilmember Carpenter suggested that this item be entertained again after the first of the year. Larry Dublin of Ford Engineering asked if Council had any questions on the chart he submitted. Council did not have any questions so the discussion ended. ACTION ITEMS: #8 MINUTES: Approval of minutes, Regular Session meeting of December 4, 2007. A motion was made by Mayor Pro -Tem Trayhan, seconded by Councilmember Carpenter, to approve the minutes of Regular Session of December 4, 2007 with corrections noted. The motion carried 5 -0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. #9 Discussion and action on the possible removal of a Parks Board member. (T. Wilenchik) Councilmember Wilenchik introduced the item by referencing what he thought was an inflammatory email that was sent to the Mayor and City Council by a Parks Board member. He felt that the email was designed to incite, and that the author's behavior disregarded City directives. Councilmember Wilenchik suggested that this individual be given the opportunity to resign or be removed from his position. Councilmember Fowler commented on the email stating that, as a resident, perhaps he had the right to write the letter. However, he has witnessed bad behavior during meetings from this individual. Councilmember Fowler suggested that there may be some redeeming qualities of this person if he were simply reprimanded by City Council. Councilmember Scagliola commented that after reading the letter several times over he sees it as a compliment, City Council Regular Meeting 56 December 11, 2007 backhanded at best. Based on the letter alone he would not remove this person, but with the extenuating circumstances of his behavior perhaps he would. He feels that residents have a right to be heard even if Council doesn't like what they say. Councilmember Carpenter added that perhaps removal of the person may not be appropriate in this situation. However, according to the City Charter, City Council can order an investigation for any reason they deem necessary. Mr. Taylor added that this individual is disruptive in the meetings, brings the meetings to a halt, and that he also has total disregard for City rules and property. Mayor Pro -Tem Trayhan added that he would recommend that this gentleman be given the opportunity to resign given the total disregard for City property and the nature of the letter. Mayor Baldwin added that he would like to see a recommendation from the Parks and Recreation Board about this person's disruptive behavior. The Mayor also asked if the Board has had a large turnover of people because of this individual. Councilmember Wilenchik asked if this item should be placed back on the agenda after the Parks and Recreation Board has had another chance to meet. The Mayor asked for a consensus from the Council to put it back on the agenda next week. No further action was taken. #10 Discussion and action on a contract with HRM Consultants, Inc., for easement and right -of -way acquisition services. (B. Gildea) Special Projects Coordinator Brad Gildea introduced the item and gave a description of HRM Consultants. A motion was made by Mayor Pro -Tem Trayhan, seconded by Councilmember Fowler, to approve a contract with HRM Consultants for easements and right -of -way acquisition services with suggested changes. The motion carried 5 -0 and the vote was as follows: AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. DISCUSSION ITEMS: #11 EXECUTIVE SESSION: Called under Chapter 551 Texas Government Code, Sub - Section 551.072 - Deliberation Regarding Real Property. Mayor Baldwin adjourned the meeting into Executive Session at 7:53 p.m. Mayor Baldwin reconvened into Regular Session at 8:12 p.m. #12 Action, if any on the subject of the above Executive Session. A motion was made by Councilmember Wilenchik, seconded by Mayor Pro -Tem Trayhan, to approve funding from the Capital Recovery Fund in the amount not to exceed $75,000 for professional services for Crockett Camp, Bill Klemt and Bury and Partners. The motion carried 5 -0 and the vote was as follows: City Council Regular Meeting 57 December 11, 2007 AYES: Councilmembers Fowler, Scagliola, Trayhan, Wilenchik and Carpenter. NAYES: None. #13 Items by City Manager Taylor and Staff General Announcements • Representatives from Randolph Air Force Base will meet with City staff and residents tomorrow at 5:00 p.m. at the Civic Center to address the 2008 AICUZ Study. • The Mayor added that everyone received an invitation from Lowe's for their Grand Opening on December 201" at 10:00 a.m. #14 ADJOURNMENT Mayor Baldwin adjourned the meeting at 8:15 p.m. r Hal Baldwin, Mayor ATTEST: Mary ba a, 16ferim City Secretary City Council Regular Meeting 58 December 11, 2007