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.
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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.
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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
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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.
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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.
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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.
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ATTEST:
rend a Dennis, TRMC, CMC City Secretary
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