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12-16-08 MINUTES REGULAR MEETING December 16, 200S A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December 16, 2008 at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal Baldwin Mayor Pro- Tem Michael Carpenter Councilmember Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Tony Wilenchik Staff Present: City Manager Don Taylor Assistant City Manager Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Councilmember Fowler gave the Invocation followed by the Pledges of Allegiance to the Flags of the United States and State of Texas. PRESENTATIONS - . . Presentation and awards presented by the Schertz Chamber of Commerce on the Festival of Angels Christmas Light winners. (F. RushingtThis item was moved to the December 23, 2008 meeting. HEARING OF RESIDENTS No one spoke. REGULAR AGENDA 1. Minutes - Consideration and/or action regarding the approval ofthe minutes ofthe Regular Meeting of December 9,2008. Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by Councilmember Trayhan to approve the minutes of December 9,2008 with changes noted. Vote was unanimous. Motion Carried 2. Utility Billing Write-Off - Consideration and/or action approving the Utility Billing Write-off. (K. Garcia) City Council Regular Meeting 310 December 16, 2008 Mayor Baldwin recognized Assistant City Manager John Bierschwale and City Manager Don Taylor who introduced this item stating that per City Policy uncollectible debt is brought to the City Council throughout the year. At the request of Finance and City Auditor Mr. Fred Timmons, Utility Billing is bringing uncollectible debt to be written off so that the outstanding receivables are current. Staff is requesting to write-off $66,718.21 of uncollectible Water, Sewer, Garbage and Drainage Accounts. The amounts included in this request are for the period of October 1, 2006 through September 30, 2008. At the request of Councilmember Trayhan, Mr. Bierschwale explained in detail the collection process, as well as the debt written offthrough September 30, 2008 which is not within the 180 day period. Mr. Bierschwale stated this was at the request of the auditor. Mr. Taylor explained that the City continues the efforts of collection; even though, the debt has been written off. At the request of the Mayor Baldwin and Mayor Pro- Tem Carpenter, Mr. Taylor further explained where the City policy of the 180 days came from, and stated that this policy is common among other cities. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Mayor Pro- Tem Carpenter to approve the Utility Write-Off in the amount of $66,718.21. Vote was unanimous. Motion Carried . 3. Ordinance No. OS-M-51 - Consideration and/or action amending and revising Ordinance 05-M-02 revising number of members and revising the Transportation Safety Advisory Commission (TSAC) Ordinance, By-Laws and Board Member Appointments Final reading (M. Spain) Mayor Baldwin recognized City Attorney Michael Spain who introduced this item. Councilmember Scagliola stated that he would like for Mr. Spain to clarify the language in the By-Laws regarding the seating of alternates. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Ordinance No. 08-M-51 on final reading with the following change: "In the absence from a meeting of the Commission of up to three regular members, alternate members who are present, in the order of their designation, shall, for such meeting, be counted toward a quorum, vote, and have all other rights of the absent regular members (except any absent regular member's office on the Commission). If the regular member for whom an alternate member is serving subsequently arrives at the meeting, he or she shall not participate in such meeting, and the alternate member shall continue to serve until the conclusion of such meeting." Vote was unanimous. Motion Carried 4. Ordinance No. OS-D-53 - Recommendation to install stop sign at the intersections of Lookout Rd. and Enterprise Ave.; and at Verde Pkwy and Enterprise Ave. Final Reading (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating that nothing had changed since first reading on December 9,2008 City Council Regular Meeting 311 December 16, 2008 Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Scagliola to approve Ordinance No. 08-D-53 on final reading. Vote was unanimous. Motion Carried 5. Ordinance No. OS-D-54 - Consideration and/or action approving an ordinance setting speed limits on Lookout Road and Verde Parkway. Final Reading (L. Dublin) Mayor Baldwin recognized City Engineer Larry Dublin who stated nothing had changed from first reading on December 9,2008. Mayor Baldwin recognized Councilmember Scagliola who moved, seconded by Councilmember Fowler to approve Ordinance No. 08-D-54 on final reading. Vote was unanimous. Motion Carried Karen Garcia, Business Office Manager, arrived at 6:37 p.m. and Mayor Baldwin asked that Council go back to item 2 regarding the Utility Write-Off. 2. Utility Billing Write-Off - Consideration and/or action approving the Utility Billing Write-off. (K. Garcia) Ms. Garcia reiterated the ne~d of writing off the debt based on the recommendation of Finance and Auditor Fred Timmons. City Council did not change their approval. 6. Discussion regarding Composition of Minutes - Retention Schedule Amendment - Consideration and/or action approving an amendment to the City of Schertz Retention schedule filed on March 11,2008. (B. Dennis) Mayor Baldwin recognized City Secretary Brenda Dennis who introduced this- item stating that Councilmember's requested that this item be placed on this agenda. She explained that the City could simply retain the DVD and other recordings of City meetings on a permanent basis thus amending the Retention Schedule. She further stated that she had implemented the change of adding more language to the discussion of items and gave examples. Mayor Baldwin recognized Mayor Pro- Tem Carpenter who moved, seconded by Councilmember Fowler to approve a change to the City of Schertz Retention schedule filed on March 11,2008 making the DVD, audio tapes and any other form of recorded meetings be amended to permanent status. It is also recommended that the City revise the current Texas State Library Schedule and file appropriate amendments with the Texas State Library and Local Records Management Division. Vote was unanimous. Motion Carried DISCUSSION AND POSSIBLE ACTION 7. Consideration and/or action on questions and possible items to be placed on the next agenda. (Mayor/City Council) City Council Regular Meeting 312 December 16, 2008 ~.. "~ Mayor Baldwin recognized Counci1member Wi1enchik who asked if he could get concurrence of two other Councilmember's to place the following items on a mid January agenda; Council reached a consensus to place the following items on for discussion: . Discussion on Micro chipping animals that are registered with the City of Schertz. . Discussion of the recent survey taken regarding a dog park and to make inquiries with the other cities regarding ordinances on a dog park. 8. Announcements by City Councilmembers, Mayor, City Manager and staff: Mayor Pro- Tem Carpenter - Alamo Chapter of Texas Municipal Clerks Association Luncheon held Friday, December 12, 200S City of Schertz. Mentioned he and Councilmember Wilenchik were invited by the City Secretary to attend the Alamo Chapter of Texas Municipal Clerks luncheon and business meeting which was held on Friday in the City of Schertz Council Chambers. He stated that it was a very large turn out in which 21 clerks from the surrounding areas attended. He stated the clerks were very complimentary with Schertz Parkway, the Chambers and all new projects under way and thanked Ms. Dennis for inviting them. Councilmember Wilenchik - Alamo Chapter of Texas Municipal Clerks Association Luncheon held Friday, December 12, 200S City of Schertz. Also thanked Ms. Dennis for inviting him to the luncheon with the Municipal Clerks, stating that Brenda Dennis and Mary Ybarra prepared the food themselves; clerks stated the food was excellent and thought it had been catered. He further stated Ms. Dennis did an .. . . outstanding job of organizing the meeting/luncheon and that not only were there compliments on the City facilities. but also of our City Secretary, and her outstanding leadership skills and abilities as she is currently the Vice President of the Chapter. Mayor Baldwin recognized City Manager Don Taylor who thanked the Mayor Pro- Tem Michael Carpenter for filling in for him at the Festival of Angels Event while he was out ill. He stated the event resulted in a large turnout and he thanked all the staff for their preparation efforts in making it a great success. ADJOURNMENT As there was no further action, Mayor Baldwin adjourne ATTEST: ~ al0-~ ' - iliN\K\~() Brenda Dennis, TRMC, CMC City Secretary City Council Regular Meeting 313 December 16, 2008