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03-03-09 MINUTES REGULAR MEETING March 3, 2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 3, 2009 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-Tern Michael Carpenter Councilmember Jim Fowler Councilmember David Scagliola Councilmember John Trayhan Councilmember Tony Wilenchik Staff Present: City Manager Don Taylor Assistant City Manager John Bierschwale Assistant City Secretary Mary Ybarra 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. PRESENT A TION . Certificates of Appreciation - City Employees Mayor Baldwin recognized Rita Duprat-Waldo, Assistant to the City Manager/Risk Manager, who introduced this item stating that she is very proud to introduce the customer relationships team (311 Department) who has on their own time, without pay, volunteered to help several city departments, volunteered at several city events, organized several employee socials and planned the employee Thanksgiving Dinner. She stated that they recently helped a local church clean Schertz Parkway. She is very proud of this team for going above and beyond on behalf of the City. Mayor Baldwin recognized Linda Babineau, Nancy Johnson and Rodolfo Rosales with the 311 Department presenting them with a certificate for their volunteer efforts and thanked them. . Certificates of Appreciation and recognition to the 50th Anniversary Committee Mayor Baldwin recognized Mayor Pro-Tern Carpenter who introduced this item stating how the committee was formed to help the city celebrate its 50th Anniversary and how many of the committee members spent many nights planning events for every month of 3-3-09 Minutes the year. This committee represented the City in a great manner and the City is grateful for all their work and dedication. Mayor Baldwin recognized the following members from the 50th Anniversary Committee that were present: Councilmember Michael Carpenter, Vallery Mallard, Melba Smith, Mary Ann Mallard, Debbie Krause, and Erin Matlock, and thanked them for all their efforts. Those committee members not present were Maria Scagliola, Meghan Scagliola, Diana Grahen, Sheryll Autry, and Shannon O'Brien. HEARING OF RESIDENTS Mayor Baldwin recognized the following citizens: . Robert Brockman, 1000 Elbel, who asked when 311 would go 24/7. He also inquired if all cell phones have the capability to dial 311 and get the City of Schertz. Mr. Brockman inquired the date of completion on Schertz Parkway at Beck Street where the pavement failed and when would it go to two lanes? . Johnny Bierschwale spoke on the upcoming Wilenchik Walk for Life scheduled for Saturday morning March ih at 8:00 am with registration beginning at 7:30 am. He acknowledged the sponsorship for the event. Discussion and/or Action Items 1. Minutes - Discussion and/or action regarding the approval of the minutes of the Regular Meeting of February 24,2009. Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Councilmember Trayhan to approve the minutes of February 24, 2009. Vote was unanimous. Motion Carried. 2. Hal Baldwin Scholarship Application Guidelines - Discussion and consideration and/or action regarding the application guidelines of the Hal Baldwin Scholarship. (M. Spain) Mayor Baldwin recognized Councilmember Wilenchik who introduced this item stating that the City Council established the Hal Baldwin Scholarship and appointed an Advisory Committee to assist the City Council with the Scholarship process. The Advisory Committee has recommended the Scholarship amount and the application procedures. The Advisory Committee has recommended the Scholarship amount of $1,000. The application procedures consist of: student's resume, a statement regarding the student's educational goals and career intentions that reflect his or her interest in public service, an essay on one of two topics (a) What a public service means to me, (b) Assume it is 2039, My career in public service; two letters of recommendation, 3-3-09 Minutes Page - 2 - one from a high school faculty member (home-schooled students may be recommended by any person who has been your instructor who is not a relative), and one from any person who is not a relative. Councilmember Wilenchik stated that applicants need to deliver the Application Cover Page and the required attachments to the City Secretary of the City of Scheliz in a sealed envelope marked "Hal Baldwin Scholarship Application". Complete application packages must be received by the City Secretary no later than the close of business on April 30, 2009; incomplete Applications will not be considered. Councilmember Wilenchik stated a five-member panel would review each complete Application package and submit the panels' recommended Scholarship recipient to the Schertz City Council. The City Council will determine the winner no later than May l5th and is expected to present the Scholarship at the June 9th City Council meeting at the City of Schertz City Council Chambers. After Council discussion, it was determined that Council would consider the resolution at the next meeting and that this evening Council would act on the application and guidelines. Mr. Ramon Cook pointed out that there are three other High Schools within the city limits of Schertz. Mayor Pro-Tern Carpenter moved, seconded by Councilmember Trayhan to approve application and guidelines to the Baldwin Scholarship, and that Council would wait to approve the resolution at next meeting. Vote. was unanimous. Motion Carried. 3. EMS Write-offs - Consideration and/or action approving the EMS Write-off. (D. Wait) Mayor Baldwin recognized EMS Director Dudley Wait who introduced this item stating per City Policy, EMS is to bring uncollectible debt and non-collectable contractual allowables to City Council throughout the year. For uncollectible debt, we are to write the debt off after 180 days of rion-payment. Mr. Wait stated this is the first write-off of FY 2008-2009 totaling $1,00l,272.02 out of an anticipated budgeted amount of $2,931,698 of total Bad Debt Expenses. EMS recommends City Council approve the Write-Off amount of $1 ,001 ,272.02 Mayor Baldwin recognized Councilmember Fowler who moved, seconded by Mayor Pro-Tern Carpenter to approve the EMS Write-off in the amount of $1,001 ,272.02. Vote was unanimous. Motion Carried 4. Utility Billing Write-Off - Consideration and/or action approving the Utility Billing Write-off. (K. Garcia) 3-3-09 Minutes Page - 3 - Mayor Baldwin recognized Business Office Man.ager Karen Garcia who introduced this item stating that per City Policy, Utility Billing is to bring uncollectible debt to City Council throughout the year. For uncollectible debt, we are to write the debt off after 180 days of non-payment. Councilmember Trayhan asked for clarification on the number of days, is it 180 days, and asked why the city would write off a bad debt from a builder that is working in the City. Assistant City Manager Bierschwale stated that it is actually 90 days of non-payment. Ms. Garcia reported that the builder's debt had been collected. Mayor Baldwin recognized Mayor Pro-Tern Carpenter who moved, seconded by Councilmember Trayhan to approve the Utility Billing Write-Off in the amount of $16,018.69. Vote was unanimous. Motion Carried 5. Bid # 09-PK-04-C-Ol - Consideration and/or action awarding contracts for the Schertz Recreation Center. (Larry Dublin, P.E., City Engineer) Mayor Baldwin recognized City Engineer Larry Dublin who introduced this item stating that at the January 20, 2009 Regular Meeting, Staff recommended, and Council concurred, certain bids received in the Phase II and III solicitation be rejected as non-responsive and/or out of budget. It was recommended and approved to re-bid these rejected items. A re-bid was held on February 12, 2009 and bids were reviewed by staff to award bids to multiple bidders in the total amount of $1,077,568 to be paid out of the bond fund. This is a reduction of $374,974 from the original rejected bids. The City of Schertz recei ved bids from 17 local contractors for the following work: . Pre-Cast Hollow Core Plank Fabrication and Installation . Tilt Panel Construction and Erection . Structural Steel Fabrication and Erection . Metal Framing Installation . Batt Insulation . Acoustical Ceiling . Sheetrock . Doors and Frames . Framed Entrances and Store Fronts . Aluminum Curtain Walls . Glass and Glazing Floor Hatch Material The bids were reviewed and Staff recommends awarding the amount of: $1,077,568.41. This is a reduction of $375,974.00 as a result of the rejection and re-bidding of these categories. 3-3-09 Minutes Page - 4 - Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Wilenchik to award contracts for the following work to the listed contractor: Division 3 Manco Structures, L TD $256,000.00 Divisions 3 and 5 WS Steel Erection $155,548.00 Division 5 Rast Iron Works $274,492.00 Divisions 5, 7, 8, & 9 Rodriguez & Sons $224,800.00 Division 8 Texas Air Products $ 6,990.00 Division 8 Horizontal Hardware Specialties $ 15,162.00 Division 8 Tom's Glass Service $144,576.41 TOTAL $1,077,568.41 Vote was unanimous. Motion Carried ReQuests and Announcements 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Baldwin recognized Mayor Pro-Tern Carpenter who asked that Resolution 09- R -13 be placed on the next agenda for consideration. Mayor Baldwin asked that the audit report be placed on the next agenda for consideration. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information Mayor Baldwin recognized Councilmember Fowler who asked if the city had applied or is planning to submit any MPO funding for City projects. He also inquired on when the city website interactive maps would be available. 8. 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 . Upcoming City Council agenda items Mayor Baldwin recognized Councilmember Fowler who reported he attended the following meetings: 3-3-09 Minutes Page - 5 - - EDC and the Parks and Recreation meeting and reported on the ongoing work and plans. Mayor Baldwin recognized Councilmember Scagliola who reported he attended the following events: - Friday, February 2ih attended the Chamber Luncheon and said goodbye to Frances Rushing, who is relocating to Fredericksburg. - Attended a Census 2010 Focus group meeting in Austin. Mayor Baldwin recognized Councilmember Wilenchik who reported he attended the following: - Tuesday, March 3rd the first meeting on the 2009 Doggie Dash was held to . mark your calendars for May 30, 2009 Mayor Baldwin announced that Schertz/Seguin Local Government Corporation is meeting Wednesday, March 4, 2009 at 3:00 pm. The Historical Preservation committee is scheduled to meet a week from Thursday. Mayor Baldwin mentioned that the Northeast Partnership group traveled to Austin to meet with legislators on proposed legislation of interest to the group. 9. Announcements by City Manager . Recognition of City employee actions . New Departmental initiatives No announcements were noted EXECUTIVE SESSION Called Under Section 551.074 - Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of the Municipal Judge. Mayor Baldwin recessed into executive session at 7:20 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into regular session at 7:49 p.m. 10. Take any action deemed necessary as a result of the Executive Session Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by Councilmember Trayhan to approve a satisfactory rating on Municipal Judge Hrncir and Municipal Judge Takas and approve 5% increase. Vote was unanimous. Motion carried. 3-3-09 Minutes Page - 6 -