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03-10-09 MINUTES REGULAR MEETING March 10,2009 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 10,2009 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 Manager David Harris City Attorney Michael Spain 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 ofthe United States and State of Texas. PRESENTATIONS . Presentation and consideration and/or action regarding the FY2007/2008 Comprehensive Annual Financial Report (CAFR) Debbie Fraser Mayor Baldwin recognized Ms. Debbie Fraser, CPA with Armstrong, Vaughan & Associates, who came forward stating that her firm has audited the financial records of the City of Schertz for FY 2007/2008. Ms. Fraser presented a thorough report answering questions from Council. Mayor Baldwin recognized Councilmember Trayhan who moved, seconded by Councilmember Wilenchik to approve the FY2007/2008 Comprehensive Annual Financial Report. Vote was unanimous. Motion Carried. . Presentation and Discussion on request for information from Council regarding danger from wildland fire originating on or traversing City owned property. (D. Covington) (requested by Councilmember Fowler) Mayor Baldwin recognized Fire Chief David Covington who gave a brief PowerPoint presentation answering questions from Council. 3-10-09 Minutes HEARING OF RESIDENTS Mayor Baldwin recognized the following citizens: . Christie Bourquin, Interim President/CEO Schertz Chamber of Commerce who made the following announcements: - March 18th - 5 pm -Ribbon Cutting and Grand Opening at La Quinta on IH35 - March 19th 5:30-7:30 pm- After Hours Mixer at Realty Executives Simmonds Group-17331 IH 35 N, Ste 103 - March 25th 2 pm - Ribbon Cutting at Pawderosa Ranch -120 Windy Meadows. - March 27th at 12 pm - Monthly Luncheon at Schertz Civic Center - A representative from Frost Bank will be speaking about fraud. . Mr. Ramon Cook, 913 Dimrock who spoke on the qualifications of the Hal Baldwin Scholarship requesting that Council consider all schools being attended by Seniors, Council concurred. . Robert Brockman, 1000 Elbel, who reported that the BVY A started their soccer season and that the 42-acres the city purchased was an outstanding area for soccer fields. Discussion and/or Action Items 1. Minutes - Discussion and/or action regarding the approval of the minutes of the Regular Meeting of March 3,2009. Mayor Baldwin recognized Mayor Pro-Tern Carpenter who moved, seconded by Councilmember Trayhan to approve the minutes of March 3, 2009. Vote was unanimous. Motion Carried. 2. Resolution No. 09-R-13 - Discussion and/or action approving a Resolution establishing scholarship amount and application procedures for the Hal Baldwin Scholarship, and other matters in connection therewith. (B. Dennis) (item is being brought back to Council for Consideration). Mayor Baldwin recognized City Secretary Brenda Dennis who introduced this item stating that the City Council approved the amount of the scholarship and application procedures at their meeting on March 3, 2009. She stated at the time the City Council requested that the resolution be brought back for approval. Mayor Baldwin recognized Mayor Pro-Tern Carpenter who moved, seconded by Councilmember Wilenchik to approve Resolution No. 08-R-13. Vote was unanimous. Motion Carried. 3-10-09 Minutes Page - 2 - 3. Ordinance No. 09-M-08 - Consideration and/or action amending the Code of Ordinances Chapter 50 Article IX Section 50-306 through Section 50-312 regulations of Graffiti in the City of Schertz. (B. Todd) Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by Councilmember Trayhan to approve Ordinance No. 09-M-08 first reading. Vote was unanimous. Motion Carried 4. Resolution No. 09-R-14 - Bid # 08PK-51-S-01 - Mowing and Landscaping Bid Services - Consideration and/or action awarding the Mowing and Landscaping Services Contract to Total Lawn and Sprinkler, Inc. for $28,000.00. (G. Logan) Mayor Baldwin stated that this item had been withdrawn. No action taken. 5. Resolution No. 09-R-15 - Consideration and/or action approving a resolution designating particular areas, particular dates, and particular times related to curfew hours and noise restrictions, and parking during Doggie Dash 2009. (G. Logan) Mayor Baldwin recognized Parks Director George Logan who introduced this item stating "Dog-Gone it, here we come again! We are ready for another GRRREAT Doggie Dash coming May 30, 2009, just before the Dog Days of Summer! I know I am not barking up the wrong tree when I tell you this group this is a big event in Schertz. No doubt, the RUFF and ready will show and run their TRACK on May 30, 2009. But tonight let us PAWS and SPEAK upon the last dashes and how successful they have been. After all, this is Texas... .we're not in Kansas anymore! This Resolution once approved in "TOTO" will result in positive reinforcement of our intent to have a great Doggie Dash". "Growl" per Councilmember Wilenchik and asked if that was "RUFF" for you to do? Mayor Pro-Tern Carpenter stated that "in the interest of keeping this continuing" he moved, seconded by Councilmember Wilenchik to approve Resolution No. 09-R-15. Vote was unanimous. Motion Carried 6. Resolution No. 09-R-16 - Consideration and/or action approving a resolution adopting a written identify theft prevention program. (B. Dennis/J. Bierschwale) Mayor Baldwin recognized City Secretary Brenda Dennis and Assistant City Manager John Bierschwale who introduced this item stating that in 2003 Congress approved the Fair and Accurate Credit Transactions Act (FACT A). Through FACT A, Congress delegated to the Federal Trade Commission the obligation to develop rules for implementation of policies intended to deter identify theft. The City, through the utility billing function and EMS billing function meets the definition of entities that must prepare and implement such a policy. Part of the regulations require that this policy be submitted to the governing body for review and approval. Working with the City Attorney, a policy has been developed that complies with the new regulations. Most procedures are already City policy and training is being developed in accordance. Ms. Dennis stated that enclosed for Council review is the resolution adopting the Identity Theft Prevention 3-10-09 Minutes Page - 3 - Program as well as the Identity Theft Prevention Program "Red Flags Rules" for adoption. Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by Councilmember Trayhan to approve Resolution No. 09-R-16. Vote was unanimous. Motion Carried 7. Ordinance No. 09-F-09 - Consideration and/or action approving an ordinance revising the rates for Bexar Waste. First Reading (J. Bierschwale) Mayor Baldwin recognized Assistant City Manager John Bierschwale who introduced this item stating that on February 12, 2009, the City received a letter from Bexar Waste regarding an adjustment over current rates as provided in their franchise agreement. Bexar Waste indicated that based on the most current CPI-U information available as provided by the Bureau of Labor Statistics, US City Average, All Items, the CPI change during the past year has been 3.84%. Assistant City Manager Bierschwale address questions from Council. Mayor Baldwin recognized Henry Gutierrez with Bexar Waste who came forward providing Council with substantiated information regarding the proposed increase. Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by Councilmember Scagliola to approve Ordinance No. 09-F-09 first reading approving an increase of3.84%. Vote was unanimous. Motion Carried 8. Old Library Facility - Discussion and/or action regarding the use of the Old Library Facility. (Mayor Baldwin, Don Taylor, George Logan) Mayor Baldwin recognized City Manager Don Taylor who introduced this item stating that there have been discussions on how to utilize the old library facility. Mr. Taylor mentioned that there have been discussions to utilize the facility as a much-needed Senior Center, a place for the seniors to meet. Mr. Taylor mentioned that a portion of the facility would be utilized for storage of historical items collected by the Historic Committee that will be displayed at the Kramer House. Mr. Taylor mentioned that the city has been working with Jerry Mendenhall to come up with a sketch of the facility. Mr. Taylor further stated that if Council approves the idea of a Senior Center that Ms. Gail Douglas would run the facility. Mr. Taylor stated that Ms. Douglas has plans and ideas to utilize the space in the senior center. Mr. Taylor mentioned that Ms. Douglas has been preparing a draft outline of the proposed Senior Center Facilities and information will be coming back to Council at a future meeting. Mr. Taylor asked that the Council give their concurrence of utilizing the old library as a senior center. All Council Concurred. Mayor Baldwin stated that the Historic Committee is working on a layout of the backroom for a museum and the members will be volunteering their time to work in the museum. He further stated that there is a great deal of interest in making this a senior center and that it is a win situation. 3-10-09 Minutes Page - 4 - Councilmember Trayhan requested that the staff incorporate expenditures in next year's budget for this project. Mayor Baldwin recognized Councilmember Wilenchik who moved, seconded by Councilmember Trayhan to designate the old Library facility as a senior center and a historical museum. Vote was unanimous. Motion Carried Requests and Announcements 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. No requests were noted at this point of the agenda. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information No requests were noted. 11. 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 the following Council Members who announced the following: Mayor Pro-Tern Carpenter who stated that Mr. Logan would be bringing several photos from the Soccer Association who are managing the 42-acre area the city purchased recently for soccer fields. He stated that there were throngs of people packed into this 42 areas who attended the opening this weekend. Councilmember Wilenchik publically thanked not only the staff involved but the citizens who responded to the Wilenchik Walk for Life that took place on Saturday. He stated that John Bierschwale and his staff did an outstanding job in planning the event and was very honored. He stated how great the response was and the event raised between $27,000 and $30,000. Councilmember Trayhan also commended staff for the excellent event and the outpouring of citizens for the cause. Councilmember Scagliola and Fowler echoed the comments above commenting on the success of the Wilenchik walk for Life event. Mr. Fowler stated that it made him proud to be a Councilmember of Schertz. 3-10-09 Minutes Page - 5 - Mayor Baldwin added what a great tribute to a guy that everybody respects honors and loves and is worthy of everything he has done for the city. 12. Announcements by City Manager . Recognition of City employee actions . New Departmental initiatives Mayor Baldwin recognized City Manager Don Taylor who stated that the event this weekend would make any City Manager proud, specifically himself. He personally thanked John Bierschwale, Cindy Raleigh and Kim Lewinski for organizing the event. Mr. Taylor stated that the Councilmembers would be contacted by Mr. Alex Briseno of Briseno & Associates who will be speaking to them on their specific views and goals for the City of Schertz and that the city is planning a strategic planning session on Saturday, March 28, 2009 at the GVEC center with the Council. EXECUTIVE SESSION Called under Section 551.071 (Consultation with Attorney), Litigation, pending litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property. Mayor Baldwin recessed into executive session at 7:50 p.m. RECONVENE TO REGULAR SESSION Mayor Baldwin reconvened into regular session at 8: 14 p.m. 13. Take any action deemed necessary as a result of the Executive Session No action taken. Mayor Baldwin asked if Council would consider reopening agenda item 9 "Requests by Mayor and Councilmembers that items be placed on a future City Council agenda." Mayor recognized Mayor Pro-Tern Carpenter who moved, seconded by Councilmember Trayhan to re-open agenda item 9. Vote was unanimous. Motion Carried Mayor Baldwin requested that an item be placed on the next agenda to discuss the Verizon Lease Agreement, staff concurred. ADJOURNMENT As there was no further action, Mayor Baldwin adjoumed the meeting at 8: 17 p.m. 3-10-09 Minutes Page - 6 - ATTEST: rend a Dennis, TRMC, CMC City Secretary 3-10-09 Minutes Page -7 -