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03-12-2013 Agenda with BackupSCHERTZ CITY COUNCIL REGULAR SESSION HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 03-12-2013 Council Agenda AGENDA TUESDAY MARCH 12, 2013 AT 6:00 P.M. The City Council may, for its convenience or for the convenience of City Staff or persons in attendance, modify the order in which items on the agenda are considered by the City Council. Call to Order – Regular Session Invocation and Pledges of Allegiance to the Flags of the United States and State of Texas. City Events and Announcements • Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) • Announcements and recognitions by City Manager (J. Kessel) Presentations • Recap of the Wilenchik Walk and updates on upcoming events. (D. Harris/M. Spence) • Update on Legislative issues (D. Harris/D. Harris) Workshop Item • Discussion and/or action regarding costs associated with carrying a wainscot of stone around the sides and rear of the building with HardiePlank (or similar) materials above for the Animal Adoption Center. (J. Kessel/P. Gaudreau) • Discussion and/or action regarding City Council liaison appointments to the various boards and committees. (D. Harris/Council) • Discussion and/or action authorizing the City Manager to enter into an agreement for the purchase of a fire truck and associated equipment, and to authorize the solicitation of financing for the purchase of the fire truck and equipment. (J. Bierschwale/D. Covington) Hearing of Residents 03-12-2013 City Council Agenda Page - 2 - This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Consent Agenda Items The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular Meeting of March 5, 2013. (J. Kessel/B. Dennis) 2. Resolution No. 13-R-19 – Consideration and/or action approving a Resolution authorizing the City Manager to enter into an agreement for the purchase of a fire truck and associated equipment, and to authorize the solicitation of financing for the purchase of the fire truck and equipment, and other matters in connection therewith. (J. Bierschwale/D. Covington) Discussion and/or Action Items 3. Ordinance No. 13-T-07 – Consideration and/or action approving an Ordinance authorizing a budget adjustment to fund Animal Services Adoption Facility; repealing all ordinances or parts of ordinance in conflict with this ordinance; and providing an effective date. First Reading (G. Logan/P. Gaudreau) Roll Call Vote Confirmation Executive Session Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; 03-12-2013 City Council Agenda Page - 3 - Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.074 Texas Government Code – Deliberation regarding personnel matters and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Secretary. Section 551.087 Texas Government Code – Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session 4. Take any action deemed necessary as a result of the Executive Session. Requests and Announcements 5. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives 6. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. 7. Requests by Mayor and Councilmembers to City Manager and Staff for information. 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 Adjournment CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 8th DAY OF MARCH 2013 AT 2:00 P.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. 03-12-2013 City Council Agenda Page - 4 - Brenda Dennis Brenda Dennis CPM, TRMC, MMC, City Secretary I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2013. ____________________________Title:__________________________ This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for sign interpretative services or other services please call 210 619-1030 at least 24 hours in advance of meeting. COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS Mayor Carpenter TIRZ II Board Hal Baldwin Scholarship Committee Audit Committee Investment Advisory Committee Mayor Pro-Tem Edwards – Place 4 Investment Advisory Committee Audit Committee Hal Baldwin Scholarship Committee Councilmember Fowler – Place 1 Interview Board for Boards and Commissions Schertz Housing Board Liaison Councilmember Scagliola – Place 2 Animal Control Advisory Committee Interview Board for Boards and Commissions Sweetheart Advisory Committee Cibolo Valley Local Government Corporation Councilmember Antuna - Place 3 Audit Committee ASA Commuter Rail District Board – Lone Star Schertz Seguin Local Government Corporation Randolph Joint Land Use Study (JLUS) Executive Committee Councilmember – Verinder – Place 5 KICK BUTTS DAY STAND OUT, SPEAK UP , SEIZE CONTROL The Guardian Angel Dance Studio, Inc. in association with the Campaign for Tobacco- Free Kids will host an “It’s Cool to be Tobacco Free”, Flash Mob. The Flash Mob will be held on Kick Butts Day, Wednesday, March 20, 2013, at 5:30 p.m. in front of t he new Schertz Playscape. The Flash mob will help raise awareness about the harmful effects of smoking and second hand smoke on children, teens, and adults. The Flash Mob is looking for dancers of all ages who would like to participate. According to the Campaign for Tobacco Free Kids, tobacco use is the leading cause of preventable death in the United States imposing a terrible toll in the health, lives, and dollars on families, businesses and government. Tobacco kills more than 400,000 people annually – more than AIDS, alcohol, car accidents, illegal drugs, murders and suicides combined. Tobacco costs the U.S. more than $96 billion in health care expenditures and $97 billion in lost productivity each year. Although the United States has made major progress against tobacco use, one in five Americans still smokes, and about 4,000 kids try their first cigarette each day. The choreography chairs include: Defabian and Adonis Johnson of Laus Deus and Cindy Seguin of Gold’s Gym Zumba Fitness. The Flash Mob is a collaboration between the Guardian Angel Dance Studio, the city of Schertz and local performing arts organizations in the Schertz, Cibolo, and Universal City areas. For more information on The Flash Mob or Kick Butts Day, please feel free to contact Jacquelyn Darby at (210) 782-3798 or visit the website at www.kickbutsday.org. Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: March 12, 2013 Department: City Secretary Subject: Minutes BACKGROUND The City Council held a regular meeting on March 5, 2013. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approve the minutes of the regular meeting of March 5, 2013. ATTACHMENT Minutes –regular meeting March 5, 2013 03-05-2013 Minutes MINUTES REGULAR MEETING March 5, 2013 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on March 5, 2013, at 6:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to-wit: Mayor Michael R. Carpenter Mayor Pro-Tem Cedric Edwards, Sr. Councilmember Jim Fowler Councilmember David Scagliola Councilmember George Antuna, Jr. Councilmember Sydney H. Verinder Staff Present: City Manager John C. Kessel Executive Director John Bierschwale Executive Director David Harris Executive Director Brian James Chief of Staff Bob Cantu City Attorney Michael Spain City Secretary Brenda Dennis CALL TO ORDER: Mayor Carpenter called the Regular Meeting to order at 6:01 p.m. INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND THE STATE OF TEXAS. Reverend Stephen Prescod, with the Church of the First Born gave the invocation followed by the Pledges of Allegiance to the Flags of the United States and the State of Texas. Mayor Carpenter recognized and welcomed the following who were in the audience this evening: • Commissioner Jim Wolverton, Guadalupe County Precinct #3 • Mr. Eddie Zamora who is currently running for the United States Congress District 15 City Events and Announcements • Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James) Mayor Carpenter recognized Executive Directors Brian James and David Harris who announced the following upcoming events: • March 2 through March 17, 2013, Schertz Annual Spring Clean Up – drop off event for citizens in conjunction with Bexar Waste, 2221 FM 3009 from 8:00 a.m. to 6:00 p.m. daily – free of charge to residents with proper identification. Contact Bexar Waste at 566-5454, Public Works 619-1800, or 311. • Sunday, March 10, 2013 is Daylight savings time – Spring forward an hour • Wednesday, March 20, 2013, Employee Remembrance Day, noon at 10 Commercial Place • Saturday, March 23, 2013, Plant and Play Day, Schertz Playscape • Wednesday, March 20, 2013, Anti-Smoking Event at the Schertz Playscape, times to be determined. 03-05-2013 Minutes • Saturday, April 20, 2013 Absolute Jazz Event at Pickrell Park • Announcements and recognitions by City Manager (J. Kessel) Mayor Carpenter recognized City Manager John Kessel who thanked the Finance Department for the work they have been doing with the external auditor. Mr. Kessel also thanked the Finance Department for the extra work they have been doing to develop long range development tools for the upcoming budget. Proclamation • Proclamation recognizing the “Train a Dog/Save A Warrior Program” (Mayor Carpenter) Mayor Carpenter played the for the audience the video regarding a “Train a Dog/Save A Warrior Program.” Mayor Carpenter recognized Mrs. Carolyn Keiser and several Veterans who were in the audience this evening. Mayor Carpenter read and presented the proclamation to Mrs. Carolyn Keiser. Workshop Item • Discussion and direction regarding the final design of the Animal Adoption Center. (B. James/P. Gaudreau) Mayor Carpenter recognized Owner Representative Phil Gaudreau who stated the Animal Adoption Center as currently designed presents an opportunity to become the primary Animal Services Facility and allow the closing of the existing facility. The current pricing of $1,800,000.00 does not allow the construction of the left side of the building containing 32 additional kennels. In order to accomplish the full build-out of the facility additional funds of $100,000.00 - $125,000.00 would need to be added to the existing bond funds available. If this facility was completely built-out with the additional kennels, the existing facility would no longer be needed on a daily basis as adequate capacity would exist to accommodate standard daily operations. It was the consensus of the Council to have Mr. Gaudreau proceed with the process for the Animal Adoption Center as presented. Mayor Pro-Tem Edwards stated he would like to see pricing costs associated with carrying a wainscot of stone around the sides and rear of the building with HardiePlank (or similar) materials above. Presentations • FY 2011-12 Comprehensive Annual Financial Report (CAFR) (J. Kessel/J. Santoya & D. Fraser) Mayor Carpenter recognized Mrs. Debbie Fraser, CPA, of Armstrong, Vaughan & Associates, and Finance Director Juan Santoya provided a briefing on the recent audit. She stated the City has received the Certificate of Achievement for Excellence Award in reporting for the past 27 years. Hearing of Residents 03-05-2013 Minutes This time is set aside for any person who wishes to address the City Council. Each person should fill out the speaker’s register prior to the meeting. Presentations should be limited to no more than 3 minutes. All remarks shall be addressed to the Council as a body, and not to any individual member thereof. Any person making personal, impertinent, or slanderous remarks while addressing the Council may be requested to leave the meeting. Discussion by the Council of any item not on the agenda shall be limited to statements of specific factual information given in response to any inquiry, a recitation of existing policy in response to an inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. Mayor Carpenter recognized the following who spoke: • Ms. Marianna Williams, Leadership Student with Kung Jung Mu Sul of Schertz came forward inviting Council to attend the March birthday celebration, this Friday, March 8, 2013. Ms. Williams announced that the students with Kung Jung Mu Sul will be performing at the San Antonio Rampage event which will be held at the AT&T center, she also invited Council to attend their Easter Egg Hunt March 29, 2013. • Mr. Grumpy “Ed” Azzoz, 528 Wayward Pass, who spoke regarding the need to work together and the need to treat each other with respect. Consent Agenda Items The Consent Agenda is considered to be self-explanatory and will be enacted by the Council with one motion. There will be no separate discussion of these items unless they are removed from the Consent Agenda upon the request by the Mayor or a Councilmember. 1. Minutes - Consideration and/or action regarding the approval of the minutes of the Special Pre-Budget Workshop meeting of February 22, 2013, and the Regular Meeting of February 26, 2013. (J. Kessel/B. Dennis) 2. CAFR FY 2011-12 – Consideration and/or action regarding the FY 2011-12 Comprehensive Annual Financial Report (CAFR). (J. Kessel/J. Santoya & D. Fraser) 3. Resolution No. 13-R-14 – Consideration and/or action approving a Resolution authorizing an Interlocal Agreement with Guadalupe Regional Medical Center, and other matters in connection therewith. (J. Bierschwale/S. Dyal) The following was read into record: RESOLUTION NO. 13-R-14 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH GUADALUPE REGIONAL MEDICAL CENTER, AND OTHER MATTERS IN CONNECTION THEREWITH 03-05-2013 Minutes 4. Resolution No. 13-R-15 – Consideration and/or action approving a Resolution authorizing an Interlocal Agreement with Comal County District Attorney, and other matters in connection therewith. (J. Bierschwale/M. Harris) The following was read into record: RESOLUTION NO. 13-R-15 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE COMAL COUNTY DISTRICT ATTORNEY, AND OTHER MATTERS IN CONNECTION THEREWITH 5. Resolution No. 13-R-13 – Consideration and/or action approving a Resolution authorizing forms of a Community Facilities Agreement, Construction Performance Bond, and Performance Escrow Agreement and other matters in connection therewith. (B. James/M. Spain) The following was read into record: RESOLUTION NO. 13-R-13 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING FORMS OF A COMMUNITY FACILITIES AGREEMENT, CONSTRUCTION PERFORMANCE BOND, AND PERFORMANCE ESCROW AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH 6. Ordinance No. 13-F-03 - Consideration and/or action approving Ordinance No. 13-F-03 Granting Cibolo Waste Incorporated, DBA Bexar Waste Inc., a Franchise for Municipal Solid Waste Collection, Recycling, and Household Hazardous Waste Collection and Disposal Program; imposing provisions and conditions relating to the exercise of same; and providing for penalties not to exceed $200 for violation thereof; repealing all Ordinances or parts of Ordinances in conflict with this Ordinance. Final Reading (J. Bierschwale/S. Willoughby) The following was read into record: ORDINANCE NO. 13-F-03 AN ORDINANCE GRANTING CIBOLO WASTE INCORPORATED, DBA BEXAR WASTE INC., A FRANCHISE FOR MUNICIPAL SOLID WASTE COLLECTION, RECYCLING, AND HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL PROGRAM; IMPOSING PROVISIONS AND CONDITIONS RELATING TO THE EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT TO EXCEED $200 FOR VIOLATION THEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. 03-05-2013 Minutes Mayor Carpenter recognized Mayor Pro-Tem Edwards who moved, seconded by Councilmember Scagliola to approve the consent agenda items 1 through 6. The vote was unanimous with Mayor Pro-Tem Edwards, Councilmembers Fowler, Scagliola, Antuna, and Verinder voting yes, and no one voting no. Motion Carried Roll Call Vote Confirmation Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items 1, 2, 3, 4, 5 and 6. Executive Session Mayor Carpenter recessed the regular meeting into executive session at 7:00 p.m. Called under: Section 551.071 Texas Government Code Deliberation regarding litigation, pending or contemplated litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase, exchange, sale, lease, or value of real property, or real estate; Section 551.074 Texas Government Code - Deliberation regarding personnel matters, policies, duties, employment, and evaluation of certain public officials and employees; Section 551.074 Texas Government Code – Deliberation regarding personnel matters and the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager and City Secretary. Section 551.087 Texas Government Code – Deliberation regarding Economic Development Negotiations. Reconvene into Regular Session Mayor Carpenter reconvened into regular session at 9:27 p.m. 7. Take any action deemed necessary as a result of the Executive Session. No action taken. Requests and Announcements 8. Announcements by City Manager • Citizen Kudos • Recognition of City employee actions • New Departmental initiatives No other announcements provided. 03-05-2013 Minutes 9. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Scagliola who requested staff bring back an item for consideration regarding filling the current vacancies that exist on Boards, Commissions and Committees. 10. Requests by Mayor and Councilmembers to City Manager and Staff for information. No information requested. 11. Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments • 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 recognized Councilmember Scagliola who thanked staff for all their work on the recent Wilenchik Walk for Life event held Saturday, March 2, 2013. Councilmember Antuna stated that Friday, March 8, 2013, at 10:00 a.m. the San Antonio Metropolitan Planning Organization will hold a meeting to discuss restructuring the board. Adjournment As there was no further business, the meeting was adjourned at 9:32 p.m. __________________________________ Mayor, Michael R. Carpenter ATTEST: ___________________________________________ City Secretary, Brenda Dennis Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: March 12, 2013 Department: Fire Department Subject: Resolution No. 13-R-19 - authorizing the City Manager to enter into an agreement for the purchase of a fire truck and associated equipment and to authorize the solicitation of financing for the purchase of the fire truck and equipment BACKGROUND Goal Authorize City Manager to execute the contract for purchase of a fire truck and authorize funding through tax notes for the truck and associated equipment. Community Benefit Fire service in the community is expected to improve with the purchase of a new fire truck due to increased reliability, greater functional capability, and reduced operating costs. Summary of Recommended Action Approval of resolution will allow the purchase of the requested fire truck and associated equipment and allow SWS Securities to solicit bids for tax notes in the amount of $835,000. SWS Securities will bring the bids to City Council for approval in April, and if approved, will fund the purchase of the fire truck in late April, at which time the City Manager will have been authorized to sign the purchase contract. The construction of the fire truck will take an estimated 10 months from contract approval, giving an estimated delivery date of no later than February 2014. The first of five payments on the truck and associated equipment is expected to be on or before September 30, 2014 with an average annual payment of $172,970. The equipment purchased as part of this project will be a portable generator, hydraulic rescue tools, and P25 compliant radios. The radios ($34,000) will meet the pending deadline for P25 Phase 2 compliance in 2015. Other equipment with an estimated lifespan of less than 10 years will be purchased from the Fire operating budget or moved from existing parts. FISCAL IMPACT Fiscal impact will be a commitment from the City of an average payment of $172,970 per year, with the final payment due September 30, 2018. RECOMMENDATION Approval of Resolution 13-R-19 ATTACHMENT(S) Resolution 13-R-19, Fire Truck Resolution Backup, Fire Truck Debt Estimate. 50459012.1 RESOLUTION NO. 13-R-19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE PURCHASE OF A FIRE TRUCK AND ASSOCIATED EQUIPMENT AND TO AUTHORIZE THE SOLICITATION OF FINANCING FOR THE PURCHASE OF THE FIRE TRUCK AND EQUIPMENT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the Schertz Fire Rescue has a need to replace a 1995 fire truck that has become unreliable due to its age and condition, and furthermore the Department uses a first line fire truck having nearly 100,000 miles and is in need of moving that truck to reserve status; and WHEREAS, the City Council approved the 2012-2013 City budget which included the purchase of a fire truck and Schertz Fire Rescue has done due diligence in pricing and investigating functions of more than one manufacturer of fire truck acceptable to the Department; and WHEREAS, the Schertz Fire Rescue has chosen Pierce Manufacturing as meeting its pricing and functional requirements for fire truck, and will purchase associated capital equipment as part of this project, then BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute a contract with Pierce Manufacturing and/or its dealer Siddons-Martin Emergency Group, to purchase a fire truck described in Exhibit A, and to solicit funding for the purchase of the fire truck and associated capital equipment through the use of tax notes in an amount not to exceed $835,000 exclusive of all fees and interest, and a total project cost over the life of the loan not to exceed $870,000. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application 50459012.1 of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 12th day of March, 2013. CITY OF SCHERTZ, TEXAS Cedric Edwards, Sr., Mayor Pro-Tem ATTEST: Brenda Dennis, City Secretary (CITY SEAL) 50459012.1 A-1 EXHIBIT A FIRE TRUCK AND EQUIPMENT 1ea Type 1 Engine with seating for four personnel, 1250 gpm pump, 500 gallon water tank, 30 gallon foam tank, Compressed air foam system, 75 foot aerial ladder, and associated equipment. Estimated Fire Truck Cost $780,430 Less Prepayment discount $ 27,373 Total Vehicle $753,057 Add Capital Equipment $ 66,943 P25 Compliant Radios $34,000 Generator, Hydraulic tools $32,943 Add Finance Fees (SWS Securities) $ 15,000 Total Financed Amount $835,000 Estimated total project cost (5 year note) $864,842 Memorandum Date: March 5, 2013 To: City Council From: David Covington, Fire Chief Subject: Fire Truck Backup Information The Fire Department is seeking to purchase a new custom fire engine with aerial ladder, commonly called a Quint. The Quint will take the place of Engine 2 as a front line piece of equipment allowing that unit, with nearly 100,000 miles to move to a back up role as a spare engine. As soon as practicable, the existing spare engine, a 1995 Freightliner that has exceeded its useful life, will be removed from service. The Fire Department, through research of available fire truck manufacturers, narrowed the search for the Quint down to two manufacturers, Ferrara Fire Truck of Baton Rouge, LA, and Pierce Manufacturing, a division of Oshkosh Corporation of Appleton, WI. A team from Schertz Fire Department toured both facilities and compared specifications and costs from each manufacturer. While comparing exact replicas from two different manufacturers is impossible, we focused on the most comparable models from each. The Quantum PUC 75’ HAL CAFS, 1500gpm, 500 Tank, Quint from Pierce Manufacturing was not only the preferred unit but was nearly $50,000 cheaper than the Ferrara unit. Both units were compared using the lesser of Buyboard or HGAC Cooperative purchase and electing the prepayment discount option. With an interest rate estimated below 2%, the benefit of prepaying and taking a substantial discount was considered advantageous. The prepayment will be secured by a vendor’s performance bond purchased by the vendor. In addition, purchasing certain required capital equipment outside the vehicle contract will result in a savings as well. The Pierce Quantum has the following major features: 75' aluminum ladder 500 gal water 1500gpm PUC (pump under chassis) fire pump 30 gal Type A and B foam tanks Compressed Air Foam System (CAFS) Cummins diesel engine Allison Transmission Independent Front Suspension Sales Price = $780,430.00 Price with discount including performance bond = $753,057.00 Associated equipment (capital equipment expected to have a useful life of at least ten years) Price for capital equipment on vehicle = $ 66,943.00 P25 Phase 2 Radios $34,000.00 Equipment= $32,943.00 Financing SWS group will charge $15,000 in financing fees over the life of the loan. The amount of the note will be $835,000 financed for 5 years. The annual payment would average $172,970 per year. The interest rate averages 1.17% and the total of payments would be no more than $864,842. Mar 1, 2013 8:48 am Prepared by Southwest Securities, Inc. (Finance 7.003 Schertz:SCHERTZ-NOTES13A) Page 1 BOND DEBT SERVICE City of Schertz, Texas $835,000 Tax Notes, Series 2013 - 5 Years Dated Date 04/24/2013 Delivery Date 04/24/2013 Period Annual Ending Principal Coupon Interest Debt Service Debt Service 02/01/2014 160,000 1.000% 7,536.71 167,536.71 08/01/2014 4,097.50 4,097.50 09/30/2014 171,634.21 02/01/2015 165,000 1.000% 4,097.50 169,097.50 08/01/2015 3,272.50 3,272.50 09/30/2015 172,370.00 02/01/2016 170,000 1.000% 3,272.50 173,272.50 08/01/2016 2,422.50 2,422.50 09/30/2016 175,695.00 02/01/2017 170,000 1.250% 2,422.50 172,422.50 08/01/2017 1,360.00 1,360.00 09/30/2017 173,782.50 02/01/2018 170,000 1.600% 1,360.00 171,360.00 09/30/2018 171,360.00 835,000 29,841.71 864,841.71 864,841.71 Agenda No. 3 CITY COUNCIL MEMORANDUM City Council Meeting: March 12, 2013 Department: Parks, Recreation and Community Services: Animal Service Subject: Ordinance No. 13-T-07 Budget Adjustment to provide of funds for the new Animal Services Adoption Facility (First Reading) BACKGROUND Per the presentation at the March 5, 2013 City Council meeting, the bit for the proposed Animal Adoption Facility can be constructed within the budgeted amount of $1,800,000 and has been designed to accommodate future. Increasing the budget by an additional $125,000 allows for the full build-out of a new Animal Services Adoption Center. This in turn will not require that both the new and the current facility would have to remain open and staffed. If it were not fully built out, the new facility would provide for retail adoptions but would not include any intake kennels for strays or redemption of animals by the pubic. The current facility would be used for this purpose and would need to be staffed with two additional positions totaling approximately $95,000. By increasing the budget by an additional $125,000 the new facility can be finished out with additional kennel space to include intake, redemptions and adoptions and the additional staff costs can be avoided. The existing facility would be used for limited purposes including accommodating large animals and in the event of an emergency. In order to provide necessary funds for the project, the City’s 2012-13 Budget must be amended to show a transfer to the Animal Adoption Center project and that same amount added to the projected budget. The budget will also be amended to recognize an additional $125,000 in expected commercial building permits which will fund the transfer. Goal Provide additional funding to have an all-inclusive new Animal Services Adoption Facility. This facility will be constructed to include animal intake, holding, medical isolation and adoption. This design will eliminate the use of the current facility for intake purposes and allow for an ideal transition of animals for optimum animal care and adoption. Community Benefit By adding the additional kennel space to the new facility, current budgeted staff can be utilized to provide for the most favorable customer service. In addition, the public will be able to look for their lost pets or search for a new addition to their family all in one location. The shift from an animal in medical isolation or holding to the adoption area will be less stressful to the animal because everything is under one roof. Summary of Recommended Action Approve transferring $125,000 from the Commercial Development Permit Fees for new construction to Special Capital Fund 401, New Animal Services Adoption Facility. At the March 5, 2013 Council asked about the cost of providing more masonry on the back and sides of the building (which are currently proposed to be hardiplank). Staff will present options and costs at this meeting. If council desires to add more masonry, the budget amendment amount and transfer would need to increase accordingly. FISCAL IMPACT This action will transfer $125,000 from the Commercial Development Permit Fees for new construction to Capital Fund 401, New Animal Services Adoption Facility. Projected fund balance for the General Fund will not change. RECOMMENDATION Approve Ordinance Number 13-T-07 authorizing a budget amendment transferring $125,000 from the Commercial Development Permit Fees for new construction to Capital Fund 401, New Animal Services Adoption Facility. ATTACHMENT(S) Ordinance 13-T-07 ORDINANCE NO. 13-T-07 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A BUDGET ADJUSTMENT TO FUND ANIMAL SERVICES ADOPTION FACILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Ordinance 12-T-25, the City of Schertz (the “City”) adopted the budget for the City for the fiscal year 2012-2013 (the “Budget), which provides funding for the City’s operations throughout the 2012-2013 fiscal year; and WHEREAS, pursuant to Ordinance 11-B-34, the City has authorized construction of a new Animal Services Adoption Facility using City funds from the Capital Project Fund 401, Animal Services Adoption Facility Project, to finance the construction of the Adoption Facility; and WHEREAS, the City needs to adjust the Budget to transfer $125,000 to the Capital Project Fund 401, New Animal Services Adoption Facility, from the Commercial Development Permit Fees for new Construction Fund ; and WHEREAS, City staff recommends that the City Council of the City adjust the Budget to recognize additional Commercial Development Permit Fees and approve the transfer of funds from the General Fund to the Capital Project Fund 401, New Animal Services Adoption Facility for the construction of said facility; and WHEREAS, the City Council of the City has determined that it is in the best interests of the City to adjust the Budget and approve the transfer of funds from the General Fund to the Capital Project Fund 401, New Animal Services Adoption Facility Project, for additional construction improvements, as more fully set forth in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The City shall adjust the Budget to recognize additional Commercial Development Permit Fees $125,000.00 above the current budgeted amount and shall transfer $125,000.00 from the General Fund to the Capital Project Fund 401, New Adoption Facility, to fund construction and additional capital improvements for the new Animal Services Adoption Facility. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such 50558021.1 - 2 - conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. PASSED ON FIRST READING, the _____ day of ________________, 2013. PASSED, APPROVED and ADOPTED ON SECOND READING, the ____ day of _____________, 2013. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: City Secretary, Brenda Dennis (CITY SEAL) Presentation Item CITY COUNCIL MEMORANDUM City Council Meeting: March 12, 2013 Department: City Manager & Public Affairs Subject: 83rd Legislature Regular Session BACKGROUND The 83rd Legislature Regular Session is now in session until Sunday, May 26, 2013. The City of Schertz is monitoring select bills could possibly affect the City. The current status update is provided in the Council packet. As it is a living document, an updated listing of these bills will be provided before Tuesday’s meeting. FISCAL IMPACT No fiscal impact at this time RECOMMENDATION Update ATTACHMENTS CITY OF SCHERTZ CITY COUNCIL SUMMARY OF ACTIONS – March 12, 2013, Council Meeting COUNCIL ITEM COUNCIL ACTION STATUS Upcoming Events • March 2 through March 17, 2013, Schertz Annual Spring Clean Up – drop off event for citizens in conjunction with Bexar Waste, 2221 FM 3009 from 8:00 a.m. to 6:00 p.m. daily – free of charge to residents with proper identification. Contact Bexar Waste at 566-5454, Public Works 619-1800, or 311 • Wednesday, March 20, 2013, Employee Remembrance Day, noon at 10 Commercial Place • Wednesday, March 20, 2013, Anti- Tobacco Rally and Flash Mob, at 5:30 p.m. Schertz Playscape. • Wednesday, March 20, 2013 - Community Budget Presentation, Hal Baldwin Municipal Complex Council Chambers at 6:00 p.m. • Saturday, March 23, 2013, Plant and Play Day, Schertz Playscape • Thursday, March 28, 2013 - Community Budget Presentation, Schertz United Methodist Church at 6:00 p.m. • Wednesday, April 3, Skateboard Design meeting – community input welcome, Schertz Civic Center 6:30 p.m. to 8:00 p.m. • Saturday, April 20, 2013 Absolute Jazz Event at Pickrell Park • Thursday, April 25, 2012, Volunteer Fair and Open House – Schertz Civic Center 6:00 p.m. to 8:00 p.m. • Tuesday, April 30, 2013 Hal Baldwin Scholarship application deadline Announcements by City Mgr. City Manager John Kessel reported that the City of Schertz received an email notification from TCEQ regarding our superior system and that the City was a recipient of the achievement award. Mr. Kessel stated that this is the 35th year the City has received this award. He thanked Members of the Schertz-Seguin Local Government Corporation, Mr. John Bierschwale, Mr. Sam Willoughby and his team for the success. Presentations: Recap of the Wilenchik Walk and updates on upcoming events. Events Coordinator Mary Spence provided a brief power point regarding the results of the Wilenchik Walk for life. The event raised $16,000.00 this year. Mary Spence provided an update on the following events: Anti-Tobacco Rally and Flash Mob scheduled for March 20, 2013 at 5:30 p.m. Schertz Playscape. Wednesday, March 20, 2013 Employee Remembrance Day, Schertz Public Works facility 10 Commercial Place at noon. Saturday, March 23, 2013, 8:30 a.m. Plant & Play Day at the Schertz Playscape Upcoming events Continued Saturday, April 20, 2013, 1:00 p.m. to 11:00 p.m. Absolute Jazz at Pickrell Park Thursday, May 2, 2013, 5:45 p.m. – Sweetheart Court Coronation, Schertz Civic Center Update on Legislative issues Executive Director of Support David Harris provided an update regarding recent bills that have been submitted. Some listed were: HB 409, HB 521, HB 526, HB 1158, SB 20, SB 53, SB 984, and SB 1297. Mayor Pro-Tem stated he was against HB 347. Mr. Harris stated that a complete listing of the house and senate bills can be found by going to TML.org. Executive Director will continue to monitor the proposed legislative issues. Workshop Item – Discussion regarding costs associated with carrying a Wainscot of stone around the sides and rear of the building with HardiePlank. Owners Representative Phil Gaudreau provided a briefing on the additional cost of the masonry. Consensus of Council was to include the additional cost of the masonry on the first reading of Ordinance 13-T-07 regarding budget adjustment to fund the Animal Services Adoption Facility. Workshop Item – Discussion regarding City Council liaison appointments to various boards and committees. Executive Director Operations David Harris provided the list of Council appointments. Among the Members of Council it was decided that Councilmember Verinder be given the Audit Committee Member position and the Investment Advisory Committee position. Councilmember Verinder to be notified of upcoming meetings on the Audit Committee and the Investment Advisory Committee. Workshop Item – Discussion and/action regarding the purchase of a Fire Truck. Fire Chief David Covington provided information regarding the type of Fire Truck being requested for purchase. It was the consensus of Council to move forward with the purchase. Hearing of Residents • Ms. Clare Layton, 12231 Lost Meadows, who spoke on public perception • Ms. Jacquelyn Darby, 6104 Merion Way, Cibolo, who spoke on the campaign for Tobacco Free Kids, Kick Butts Day. • Mr. Grumpy “Ed” Azzoz, 528 Wayward Pass, who spoke regarding his request last week for the Council to appoint an Independent Counsel to look into all the hiring that came aboard and to see if there is any connection to Management and why more employees are not moving upward. • Ms. Maggie Titterington, Schertz Chamber President who provided information regarding the upcoming Chamber events. 1. Approval of Minutes from the March 5, 2013 regular meeting. Approved. Minutes to be posted on website after Mayor Carpenter signature. 2. Resolution No. 13-R-19 – Authorizing the City Manager to enter into an agreement for the purchase of a fire truck and associated equipment, and to authorize the solicitation of financing. Requested approval to allow the City Manager to enter into an agreement for the purchase of the requested fire truck and associated equipment and allow Southwest Securities to solicit bids for tax notes in the amount of $835,000. Approved. Send signed approved Resolution to the following departments: Fire, Finance and forward to bond attorney to work with Finance and prepare the financing of $835,000 as directed. Item to be placed on a future agenda for approval. 3. Ordinance No. 13-T-07 – authorizing a budget adjustment to fund Animal Services Adoption Facility, to include Requested approval of first reading of an Ordinance authorizing a budget adjustment to fund the Animal Services Adoption Facility in the amount of $125,000, and to also include the $40,000 for the additional masonry as requested by Council. Approved. Prepare final reading of Ordinance revising the original request of $125,000 to $165,000 (difference is the $40,000 for the additional masonry) 4. Action taken as result of Executive Session No Action. 5. Announcements by City Manager No further announcements. 6. Request by Mayor and Council items to be placed on future agenda. Councilmember Scagliola stated that at the request of staff that this item be moved to a later date to allow staff more time to receive applications. Prepare item for consideration either March 26, 2013 or April 2, 2013. 7. Requests by Mayor & Council to City Mgr. and Staff for information No information requested. 8. Announcements by Mayor and Council of events attended Councilmember Antuna stated that Friday, March 8, 2013, he attended the Metropolitan Planning Organization meeting and 19 members were selected. Councilmember Verinder announced he is the proud grandparent to 2 new granddaughters, first grand daughter born in Schertz Abigail, and the second born a week later in McKinney Piper Grace. CITY OF SCHERTZ CITY COUNCIL SUMMARY OF ACTIONS – March 12, 2013, Council Meeting COUNCIL ITEM COUNCIL ACTION STATUS Upcoming Events • March 2 through March 17, 2013, Schertz Annual Spring Clean Up – drop off event for citizens in conjunction with Bexar Waste, 2221 FM 3009 from 8:00 a.m. to 6:00 p.m. daily – free of charge to residents with proper identification. Contact Bexar Waste at 566-5454, Public Works 619-1800, or 311 • Wednesday, March 20, 2013, Employee Remembrance Day, noon at 10 Commercial Place • Wednesday, March 20, 2013, Anti- Tobacco Rally and Flash Mob, at 5:30 p.m. Schertz Playscape. • Wednesday, March 20, 2013 - Community Budget Presentation, Hal Baldwin Municipal Complex Council Chambers at 6:00 p.m. • Saturday, March 23, 2013, Plant and Play Day, Schertz Playscape • Thursday, March 28, 2013 - Community Budget Presentation, Schertz United Methodist Church at 6:00 p.m. • Wednesday, April 3, Skateboard Design meeting – community input welcome, Schertz Civic Center 6:30 p.m. to 8:00 p.m. • Saturday, April 20, 2013 Absolute Jazz Event at Pickrell Park • Thursday, April 25, 2012, Volunteer Fair and Open House – Schertz Civic Center 6:00 p.m. to 8:00 p.m. • Tuesday, April 30, 2013 Hal Baldwin Scholarship application deadline Announcements by City Mgr. City Manager John Kessel reported that the City of Schertz received an email notification from TCEQ regarding our superior system and that the City was a recipient of the achievement award. Mr. Kessel stated that this is the 35th year the City has received this award. He thanked Members of the Schertz-Seguin Local Government Corporation, Mr. John Bierschwale, Mr. Sam Willoughby and his team for the success. Presentations: Recap of the Wilenchik Walk and updates on upcoming events. Events Coordinator Mary Spence provided a brief power point regarding the results of the Wilenchik Walk for life. The event raised $16,000.00 this year. Mary Spence provided an update on the following events: Anti-Tobacco Rally and Flash Mob scheduled for March 20, 2013 at 5:30 p.m. Schertz Playscape. Upcoming events Continued Wednesday, March 20, 2013 Employee Remembrance Day, Schertz Public Works facility 10 Commercial Place at noon. Saturday, March 23, 2013, 8:30 a.m. Plant & Play Day at the Schertz Playscape Saturday, April 20, 2013, 1:00 p.m. to 11:00 p.m. Absolute Jazz at Pickrell Park Thursday, May 2, 2013, 5:45 p.m. – Sweetheart Court Coronation, Schertz Civic Center Update on Legislative issues Executive Director of Support David Harris provided an update regarding recent bills that have been submitted. Some listed were: HB 409, HB 521, HB 526, HB 1158, SB 20, SB 53, SB 984, and SB 1297. Mayor Pro-Tem stated he was against HB 347. Mr. Harris stated that a complete listing of the house and senate bills can be found by going to TML.org. Executive Director will continue to monitor the proposed legislative issues. Workshop Item – Discussion regarding costs associated with carrying a Wainscot of stone around the sides and rear of the building with HardiePlank. Owners Representative Phil Gaudreau provided a briefing on the additional cost of the masonry. Consensus of Council was to include the additional cost of the masonry on the first reading of Ordinance 13-T-07 regarding budget adjustment to fund the Animal Services Adoption Facility. Workshop Item – Discussion regarding City Council liaison appointments to various boards and committees. Executive Director Operations David Harris provided the list of Council appointments. Among the Members of Council it was decided that Councilmember Verinder be given the Audit Committee Member position and the Investment Advisory Committee position. Councilmember Verinder to be notified of upcoming meetings on the Audit Committee and the Investment Advisory Committee. Workshop Item – Discussion and/action regarding the purchase of a Fire Truck. Fire Chief David Covington provided information regarding the type of Fire Truck being requested for purchase. It was the consensus of Council to move forward with the purchase. Hearing of Residents • Ms. Clare Layton, 12231 Lost Meadows, who spoke on public perception • Ms. Jacquelyn Darby, 6104 Merion Way, Cibolo, who spoke on the campaign for Tobacco Free Kids, Kick Butts Day. • Mr. Grumpy “Ed” Azzoz, 528 Wayward Pass, who spoke regarding his request last week for the Council to appoint an Independent Counsel to look into all the hiring that came aboard and to see if there is any connection to Management and why more employees are not moving upward. • Ms. Maggie Titterington, Schertz Chamber President who provided information regarding the upcoming Chamber events. 1. Approval of Minutes from the March 5, 2013 regular meeting. Approved. Minutes to be posted on website after Mayor Carpenter signature. 2. Resolution No. 13-R-19 – Authorizing the City Manager to enter into an agreement for the purchase of a fire truck and associated equipment, and to authorize the solicitation of financing. Requested approval to allow the City Manager to enter into an agreement for the purchase of the requested fire truck and associated equipment and allow Southwest Securities to solicit bids for tax notes in the amount of $835,000. Approved. Send signed approved Resolution to the following departments: Fire, Finance and forward to bond attorney to work with Finance and prepare the financing of $835,000 as directed. Item to be placed on a future agenda for approval. 3. Ordinance No. 13-T-07 – authorizing a budget adjustment to fund Animal Services Adoption Facility, to include Requested approval of first reading of an Ordinance authorizing a budget adjustment to fund the Animal Services Adoption Facility in the amount of $125,000, and to also include the $40,000 for the additional masonry as requested by Council. Approved. Prepare final reading of Ordinance revising the original request of $125,000 to $165,000 (difference is the $40,000 for the additional masonry) 4. Action taken as result of Executive Session No Action. 5. Announcements by City Manager No further announcements. 6. Request by Mayor and Council items to be placed on future agenda. Councilmember Scagliola stated that at the request of staff that this item be moved to a later date to allow staff more time to receive applications. Prepare item for consideration either March 26, 2013 or April 2, 2013. 7. Requests by Mayor & Council to City Mgr. and Staff for information No information requested. 8. Announcements by Mayor and Council of events attended Councilmember Antuna stated that Friday, March 8, 2013, he attended the Metropolitan Planning Organization meeting and 19 members were selected. Councilmember Verinder announced he is the proud grandparent to 2 new granddaughters, first grand daughter born in Schertz Abigail, and the second born a week later in McKinney Piper Grace. 1 CITY OF SCHERTZ Legislative Session 83(R) 3-12-13 Bill Actions (descending date order) Date/Journal Page H.B. 1 – State Appropriation Bill: Chief Covington stated that this bill includes language that: 1)will move the Fire Commission into the Department of Insurance which is where they do not belong. 2)fees paid for training certification classes pays for the cost of the class plus provides extra revenue to the State General Fund. Mr. Wait says there are five rider that are critical to EMS. No action, but monitor. HB 289 (Zedler) The bill would amend the Election Code to require registrars to submit an affidavit stating relevant facts to the local prosecuting attorney and the attorney general if the registrar determines that person who is not a registered voter voted in an election. The bill would also allow for two or more registered voters to present affidavits alleging criminal conduct in connection with the election either to the local prosecuting attorney or to the attorney general. The bill would require for the attorney receiving the affidavits to investigate the allegations. H Left pending in committee 03/04/2013 H Testimony taken/registration(s) recorded in committee 03/04/2013 H Considered in public hearing 03/04/2013 H Scheduled for public hearing on . . . 03/04/2013 H Referred to Elections 02/11/2013 29 H Read first time 02/11/2013 29 H Filed 12/14/2012 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB289 2 H.B. 328 (Dutton) – Official Oppression: would: (1) make the offense of official oppression a third degree felony if the conduct is intentional or knowing suppression of evidence favorable to a defendant and material to the defendant’s guilt or punishment in a criminal trial, and (2) eliminate the statute of limitation on the felony of official oppression. Interim Chief of Police Harris recommends the City endorse this item. H Referred to Criminal Jurisprudence 02/11/2013 299 H Read first time 02/11/2013 299 H Filed 12/21/2012 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB328 H.B. 335 (Strickland) – Legal Notices: would provide that any political subdivision may satisfy a newspaper notice publication requirement by posting the notice on its Internet website. Ms. Duprat-Waldo recommends the City support this item as it will save political entities money from having to purchase legal notices in print media. She adds, “This bill was introduced 2 years ago and was strongly supported by the Texas Public Purchasing Association (TxPPA). The newspapers lobbied strongly against it and it was defeated.” City of Schertz paid the Express News $19,220.30 last year. H Referred to Technology 02/11/2013 300 H Read first time 02/11/2013 300 H Filed 12/31/2012 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB335 3 HB 336 (Mendez) The bill would amend the Election Code to require registrars to submit an affidavit stating relevant facts to the local prosecuting attorney and the attorney general if the registrar determines that a person who is not a registered voter voted in an election. The bill would also allow for two or more registered voters to present affidavits alleging criminal conduct in connection with the election either to the local prosecuting attorney or to the attorney general. The bill would require for the attorney receiving the affidavits to investigate the allegations. Marshal Todd and Ms. Veliz recommend the City oppose this legislation as it “would take the officer writing the citation more time for the operator to provide the information. (It is) Not as reliable as actually presenting an insurance card/paper. H Left pending in committee 03/04/2013 H Testimony taken/registration(s) recorded in committee 03/04/2013 H Committee substitute considered in committee 03/04/2013 H Considered in public hearing 03/04/2013 H Scheduled for public hearing on . . . 03/04/2013 H Referred to Technology 02/11/2013 30 H Read first time 02/11/2013 30 H Filed 01/02/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB336 H.B. 395 (Larson)– Relating to the use by certain health care providers of electronically readable information from a driver's license or personal identification certificate. Mr. Wait recommends the City support this item. H Referred to Technology 02/11/2013 305 H Read first time 02/11/2013 305 H Filed 01/08/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill=HB395 4 H.B. 339 (Laubenberg) – Fire Control, Prevention, and Emergency Districts: would authorize a city with a population of not less than 5,000 nor more than 550,000 to propose the creation of a fire control, prevention, and emergency district. Interim Chief of Police recommends No Position H Referred to Urban Affairs 02/11/2013 300 H Read first time 02/11/2013 300 H Filed 01/02/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB339 H.B. 347 (Pitts) – Cell Phone Ban: would prohibit a motor vehicle operator from using a wireless communication device on the property of a public or private elementary or middle school. Interim Chief of Police recommends the City endorse this item provided it occurs during school zone hours. H Left pending in committee 02/26/2013 H Testimony taken/registration(s) recorded in committee 02/26/2013 H Considered in public hearing 02/26/2013 H Scheduled for public hearing on . . . 02/26/2013 H Referred to Transportation 02/11/2013 30 H Read first time 02/11/2013 30 H Filed 01/04/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB347 5 H.B. 359 (Krause) – Law Enforcement: would require a law enforcement agency, including a police department, to: (1) verify the immigration status of an arrested person within 48 hours and before the person can be released on bond unless the person's status has already been determined by another agency from which the individual was transferred; and (2) notify United States Immigration and Customs Enforcement and the judge authorized to rule on the person’s release if information reveals the person is unlawfully present in the United States. Per Interim Chief of Police: No Position, but added that it should not be the arresting agency, rather the agency that runs the jail. H Referred to State Affairs 02/11/2013 302 H Read first time 02/11/2013 302 H Filed 01/07/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB359 HB 403 (S. Davis) Building Inspectors: would: (1) define a “certified municipal inspector” as an individual who is employed full-time by a political subdivision and is currently: (a) certified by a national model code group; or (b) licensed as a plumbing inspector; and (2) provide that a certified municipal inspector who provides services as a volunteer during a declared disaster in response to a request or approval from an authorized official is not liable for civil damages, including personal injury, wrongful death, property damage, or other loss related to the inspector's act, error, or omission in the performance of the services, unless the act, error, or omission constitutes gross negligence or wanton, willful, or intentional misconduct. Ms. Sanchez recommends the City endorse this legislation as it will provide professional help during disasters without the fear of law suits. She adds that the State has numerous disasters through the years and some cities face a shortage of qualified professionals for this service. The bill will allow municipalities to “lend” Building Inspectors to other units of government facing a disaster. H Referred to Judiciary & Civil Jurisprudence 02/11/2013 305 H Read first time 02/11/2013 305 H Filed 01/09/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB403 6 H.B. 409 (King) – The Governor's EMS and Trauma Advisory Council (GETAC) Medical Director Position shall serve as the state emergency medical services medical director. Mr. Dudley Wait recommends the City oppose this item. H Referred to Homeland Security & Public Safety 02/11/2013 306 H Read first time 02/11/2013 306 H Filed 01/09/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB409 H.B. 521 (Kuempel) – Insurance Payments: would: (1) require automobile insurers to allow individuals to assign benefits to an emergency medical services provider; and (2) allow an automobile insurer to provide for payment of benefits to an emergency medical services provider even if an assignment is not made. Mr. Wait recommends the City support this item as it will provide more revenues to the City. He adds: We have met with the Insurance Company representatives and made some non-substantive changes to the bills before their committee hearings. We have the health insurance agencies not happy, but probably not opposing greatly. Auto insurance and Trial Lawyers are not happy and not sure if they will still attempt to kill the bills in committee. H Referred to Insurance 02/13/2013 341 H Read first time 02/13/2013 341 H Filed 01/15/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB521 7 H.B. 522 (Kuempel) – Insurance Payments: would: (1) require a health insurer to allow an insured to assign benefits to a health provider, including an ambulance service, that provides services to the insured; (2) allow an insurer to provide for payment of benefits to a health provider, including an ambulance service, even if an assignment is not made; and (3) require an insurer to pay a preferred provider directly without an assignment of benefits. Mr. Wait recommends the City support this item as it will provide more revenues to the City. He adds: We have met with the Insurance Company representatives and made some non-substantive changes to the bills before their committee hearings. We have the health insurance agencies not happy, but probably not opposing greatly. Auto insurance and Trial Lawyers are not happy and not sure if they will still attempt to kill the bills in committee. H Referred to Insurance 02/13/2013 341 H Read first time 02/13/2013 341 H Filed 01/15/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB522 HB 526 (Capriglione) Public Information Act: would: (1) make every record held by a public retirement system open to the public; and (2) preempt any other law making any information in a public retirement record confidential Marshal Todd recommends the City oppose this legislation as it would open all retirement records open to the public. This will be harmful to peace officers by giving anyone access to personal information (addresses, phone numbers, and other information). This poses a security risk to retirees by individuals wanting to retaliate against retired law enforcement officers. H Referred to Pensions 02/19/2013 H Correction in referral 02/19/2013 437 H Referred to Government Efficiency & Reform 02/13/2013 341 H Read first time 02/13/2013 341 H Filed 01/15/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB526 8 H.B. 613 (Orr) – Foundation Repair Contractors: would: (1) provide for state regulation of foundation repair contractors; (2) subject foundation repair by an individual or entity, including those exempt under state regulation, to a permit, inspection, or approval requirement established by city ordinance; (3) excuse an individual or entity that holds a state license from a requirement to hold a license issued by a city to engage in foundation repair; and (4) require an individual or entity licensed by the state to engage in foundation repair to provide notice to a city that that the Individual or entity has obtained the state license. Ms. Sanchez recommends we oppose this legislation as it would exempt a state licensed foundation repair contractor from City licensing and permit requirements. H Referred to Licensing & Administrative Procedures 02/14/2013 369 H Read first time 02/14/2013 369 H Filed 01/22/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB613 HB 1158 (Kuempel) Relating to the amendment of restrictive covenants applicable to certain subdivisions. The City is supporting this item as it is a bracketed bill that would allow for easier development of the Live Oak Subdivision by allowing select property owners to vote to change deed restrictions. Mr. Harris attended and testified in favor of this bill 3/5/13. H Left pending in committee 03/05/2013 H Testimony taken/registration(s) recorded in committee 03/05/2013 H Considered in public hearing 03/05/2013 H Scheduled for public hearing on . . . 03/05/2013 H Referred to Business & Industry 02/20/2013 45 H Read first time 02/20/2013 45 H Filed 02/11/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB1158 9 HB 1364 (Lucio III) Relating to the local control of the conditions of firefighters’ employment in certain municipalities. Chief Covington: This bill brings “meet and confer” to cities more than 10,000, which would include us. The city would either recognize the fire bargaining unit or hold an election for the voters to decide if they wish to recognize the bargaining unit. There will come a time for the city that it eventually has to do this, but not now. It places wages, hours, and benefits into a negotiated realm where both sides must agree or it goes to arbitration. In my opinion it is not a bad thing, but it does reduce some management rights and causes additional work in drafting the agreement, holding elections (if that method is chosen), arbitration costs, and possible unfriendly arbitration rulings. So I recommend that the City oppose this legislation. H Referred to Urban Affairs 02/26/2013 518 H Read first time 02/26/2013 518 H Filed 02/15/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB1364 10 HB 1371 (Munoz, Jr.) Relating to the meaning of “disabled” for purposes of eligibility for an exemption from ad valorem taxation of or a limitation of ad valorem taxes on the residence homestead of a person who is disabled. Subjects: • Disabilities, Persons with (I0380) • Health—General (I0385) • Property Interests—Homestead (I0616) • Taxation—Property-Assessment & Collection (I0798) • Taxation—Property-Exemptions (I0793) • CANCER (S0658) • Diabetes (S0486) Mr. Wait recommends the City oppose this bill as it opens up the definition of “disabled” too broadly. He says it is the same bill as HJR 88. H Referred to Ways & Means 02/26/2013 518 H Read first time 02/26/2013 518 H Filed 02/15/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB1371 HB 1377 (Kolkhorst) Relating to the ownership and local regulation of trees and timber. Mr. Logan recommends the City oppose this bill because it will negatively affect the environmental goals for the City of Schertz and reduce the tree canopy and urban forest resources. Schertz charges $100 per inch for protected trees 8” to 23”; $300 per inch over 23”. This bill would, among many things, cap our fee at $100 per inch. H Referred to Urban Affairs 02/25/2013 494 H Read first time 02/25/2013 494 H Filed 02/15/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB1377 11 HB 2539 (Turner) Relating to requiring computer technicians to report images of child pornography; providing a criminal penalty. IT Director Clauser recommends the City oppose this bill. He adds: HB 2539 attempts to make IT technicians criminally liable for failing to report to authorities any time they think they may have found “child pornography” on a computer they are servicing. Failure to do so may result in a class B misdemeanor. The IT industry has grave reservations about this bill in that IT personnel are not in law enforcement and are not specifically trained in such matters. To make an hourly technician subject to such a requirement would mean that in order to be sure they met the standard they may have to search all files on a user’s computer, just to make sure something wasn’t missed. Note : A class B misdemeanor would disqualify a technician from receiving CJIS clearance to work in any Public Safety environment – merely because they failed to report something they may not know existed. This may be a well-intentioned bill, but has obviously not been thought through. I request that this bill be put on the City’s watch list and that the City express its opposition to placing such a requirement on IT staff. H Filed 03/06/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB2539 HB 3178 (Phillips) – Emergency Management This bill cleans up some mutual aid wording that would allow for Federal reimbursement for select disasters in which mutual aid is provided by other departments. Chief Covington recommends we support this bill. H Filed 03/07/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HB3178 12 HJR 81 (Craddick) Proposing a constitutional amendment designating the sheriff as the chief law enforcement officer of the county. Mr. Wait says: Sheriff, Chief Harris stated he hadn’t looked at it, so he was unsure if it would really change anything. H Referred to Homeland Security & Public Safety 02/19/2013 436 H Read first time 02/19/2013 436 H Filed 02/12/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HJR81 HJR 88 (Munoz, Jr.) Proposing a constitutional amendment to authorize the legislature to define “disabled” for purposes of eligibility for an exemption from ad valorem taxation of or a limitation of ad valorem taxes on the residence homestead of a person who is disabled. Subjects: • Disabilities, Persons with (I0380) • Property Interests—Homestead (I0616) • Resolutions—Constitutional Amendments (I0661) • Taxation—City (I0775) • Taxation—County (I0780) • Taxation—Property—Appraisals & Appraisal Districts (I0792) • Taxation—Property Assessment & Collection (I0798) • Taxation—Property Exemptions (I0793) • Taxation—School District (I0785) Mr. Wait recommends the City oppose this bill as it opens up the definition of “disabled” too broadly. He says it is the same bill as HB 1371. H Referred to Ways & Means 02/26/2013 524 H Read first time 02/26/2013 524 H Filed 02/15/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=HJR88 13 SB 8 (Nelson) Relating to the provision and delivery of certain health and human services in this state, including the provision of those services through the Medicaid program and the prevention of fraud, waste, and abuse in that program and other programs. Mr. Wait: Recommend we support. It affects ambulance providers by trying to reduce fraud S Co-author authorized 02/27/2013 S Committee report printed and distributed 02/26/2013 05:03 PM S Recommended for local & uncontested calendar 02/26/2013 S Reported favorably as substituted 02/26/2013 S Testimony taken in committee 02/19/2013 S Considered in public hearing 02/19/2013 S Scheduled for public hearing on . . . 02/19/2013 S Co-author authorized 01/30/2013 S Referred to Health & Human Services 01/28/2013 S Read first time 01/28/2013 S Co-author authorized 01/23/2013 S Filed 01/16/2013 S Received by the Secretary of the Senate 01/16/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=SB8 S.B. 20 (Patrick) – Intrusive Touching: would provide that a public servant commits an offense if, without probable cause and consent, the public servant searches a person who is entering a public building or transportation facility and touches the person in specified personal areas or in a way that is offensive or provocative. Per Interim Chief of Police: No Position, but we need to monitor. S Referred to Agriculture, Rural Affairs & Homeland Security 01/28/2013 S Read first time 01/28/2013 S Filed 12/21/2012 S Received by the Secretary of the Senate 12/21/2012 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=SB20 14 SB 53 (Zaffirini) Relating to life support services provided by certain emergency medical services personnel. Emergency Medical Services: would expand the definition of “advanced life support,” which requires the supervision of a licensed physician, as that term relates to the provision of emergency medical services. Mr. Wait recommends the City support this item as it will provide more revenues to the City. S Placed on local & uncontested calendar 03/13/2013 S Committee report printed and distributed 03/04/2013 03:13 PM S Recommended for local & uncontested calendar 03/04/2013 S Reported favorably as substituted 03/04/2013 S Testimony taken in committee 02/26/2013 S Considered in public hearing 02/26/2013 S Scheduled for public hearing on . . . 02/26/2013 S Referred to Health & Human Services 01/28/2013 S Read first time 01/28/2013 S Filed 11/12/2012 S Received by the Secretary of the Senate 11/12/2012 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=SB53 SB 194 (West) Relating to ingress and egress for access by emergency vehicles and for use during evacuations in certain new residential subdivisions. Subdivision Regulations: would require cities and counties to adopt infrastructure standards that require, in a residential subdivision of 1,000 or more lots, at least two means of ingress and egress for use by emergency vehicles during evacuations resulting from fire or other natural disasters. Ms. Sanchez recommends the City endorse this legislation. It would prevent traffic blockage and allow emergency situations and allow emergency vehicles to quickly and efficiently remove or treat victims. This requirement is already in the City’s UDC; staff says that if the bill is passed, it will only strengthen our enforcement efforts. S Placed on local & uncontested calendar 03/13/2013 S Committee report printed and distributed 03/04/2013 02:21 PM S Recommended for local & uncontested calendar 03/04/2013 S Reported favorably as substituted 03/04/2013 S Considered in public hearing 02/27/2013 S Scheduled for public hearing on . . . 02/27/2013 S Referred to Intergovernmental Relations 01/29/2013 S Read first time 01/29/2013 S Filed 01/22/2013 S Received by the Secretary of the Senate 01/22/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=SB194 15 S.B. 984 (Ellis) – Open Meetings: would: (1) provide that a meeting of a state governmental body or a governmental body that extends into three or more counties may be held by videoconference call if the member of the governmental body presiding over the meeting is physically present at one location of the meeting that is open to the public during the open portions of the meeting (current law requires a quorum to be physically present); (2) require that the notice of a meeting described in (1), above, specify as a location of the meeting the location where the member of the governmental body presiding over the meeting will be physically present and specify the intent to have the member of the governmental body presiding over the meeting present at that location; and (3) require that the location where the member of the governmental body presiding over the meeting is physically present as described in (1), above, and each remote location from which a member of the governmental body participates have two-way communication with each other location during the entire meeting. (Companion bill is H.B. 1749 by Perry.) S Filed 03/01/2013 S Received by the Secretary of the Senate 03/01/2013 http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bil l=SB984 SB 1297 (Watson) – Electronic Communications between members of a governmental body This bill would allow for elected officials to utilize Internet chat rooms to discuss items. Conversations would have to be posted for 30 days and archived for two years. Voting would still need to in a public meeting that has been posted. http://www.mysanantonio.com/default/article/Bill-to-allow-open- government-meetings-online-4336290.php S Filed 03/07/2013 S Received by the Secretary of the Senate 03/07/2013 http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=83R&Bill= SB1297 Workshop Item CITY COUNCIL MEMORANDUM City Council Meeting: March 12, 2013 Department: City Manager Subject: Council Committee and Liaison Assignments BACKGROUND Tonight, we will be discussing and potentially modifying the existing City Council liaison appointments to the various boards and committees now that we have a full Council. The current assignments are as follows: Mayor Carpenter TIRZ II Board Hal Baldwin Scholarship Committee Audit Committee Investment Advisory Committee Mayor Pro-Tem Edwards – Place 4 Investment Advisory Committee Audit Committee Hal Baldwin Scholarship Committee Councilmember Fowler – Place 1 Interview Board for Boards and Commissions Schertz Housing Board Liaison Councilmember Scagliola – Place 2 Animal Control Advisory Committee Interview Board for Boards and Commissions Sweetheart Advisory Committee Cibolo Valley Local Government Corporation Councilmember Antuna – Place 3 Audit Committee ASA Commuter Rail District Board – Lone Star Schertz Seguin Local Government Corporation Randolph Joint Land Use Study (JLUS) Executive Committee Councilmember Verinder – Place 5 FISCAL IMPACT No fiscal impact. RECOMMENDATION No recommendation at the time of this writing. ATTACHMENTS