12-21-10 MINUTES
_ REGULAR MEETING
December 21, 2010
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
December 21, 2010, at 6:00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayor Hal Baldwin Mayor Pro Tem Michael Carpenter
Councilmember Jim Fowler Councilmember David Scagliola
Councilmember George Antuna Councilmember Cedric Edwards
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 6:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND STATE OF TEXAS.
Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags
of the United States and State of Texas.
NEW EMPLOYEE RECOGNITION
• Introduction of new employees in the IT Department, (JoAnna Takemura, Web
Technician)
Mayor Baldwin recognized Myles Clauser, IT Director who introduced JoAnna
Takemura, Web Technician. Mayor and Council welcomed JoAnna.
Mayor Baldwin recognized David Harris, Assistant City Manager who introduced Patty
Horan, EDC Administrative Assistant. Mayor and Council welcomed Patty.
PRESENTATION
Mayor Baldwin recognized the following judges that spent their evenings going around
the City looking at lights: Ms. Lura Beavers, Ms. Margaret Davis, Ms. Lana Hefner, and
Ms. Carol Kirby. Mayor and Council thanked them.
• Presentation of awards regarding the Holiday lighting decorating contest. (C.
McCullough)
Mayor Baldwin with the assistance of Patty Horan presented the following awards:
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- Most Original: Marc & Ann LaFortune, 208 Brooks, Aviation Heights
Subdivision
- Number of Lights: Jess & Cindy Rogers, 3424 Dartmouth Cove, The Ridge
Carolina Crossing. (Jess & Cindy were not present)
- Creativity: Jeffrey & Lisa Siebert, 3715 Florence Grove, The Ridge Carolina
Crossing
- Animation: Carmen & Javier Rodriguez, 5621 Fairways Drive, Northcliffe
Country Club Estates
- Overall Appearance: Edward & Belinda Orta, 1125 Lauren Park Drive, Dove
Meadows
Mayor Baldwin made a special presentation of the "Driving Miss Daisy Award" to Editor,
Chuck McCollough.
Mayor Baldwin recognized in the audience this evening: Boy Scout, Michael Griffith from
Troop 512 and his dad, Tom. Mayor and Council welcomed them this evening.
Hearing of Residents
Mayor Baldwin recognized the following:
• Mr. Robert Brockman, 1001 Elbel, who spoke regarding the status of the Main Street
Billboard and also asked how residents could go see the award winning lights that are in
the subdivisions.
• Mr. John Jura, long time Schertz Resident who read a letter publically thanking the City
of Schertz Officials for the great work they are doing.
CONSENT AGENDA
1. Minutes -Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of December 14, 2010.
2. Ordinance 10-D-39 -Stop Sign Designation -Consideration and/or action approving an
Ordinance amending Section 86-41 Stop Intersections-Designated of the City of Schertz
Code of Ordinances by designing a stop sign at the intersection of Misty Hollow Drive and
Shady Brook (Wynn Brook Subdivision). First Reading (L. Dublin)
6. Cancelation of the December 28, 2010 Council -Consideration and/or action
' cancelling the December 28, 2010 regular council meeting. (D. Taylor)
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by Mayor
Pro-Tem Carpenter to approve consent agenda items 1, 2 and 6. The vote was unanimous
~ Motion CaNried.
Discussion and/or Action Items
3. Schertz Veteran's Memorial Plaza -Discussion and consideration and/or action
regarding the proposal to change the name of the Schertz Veteran's Memorial Plaza to
Veteran's Memorial Plaza. (Mayor Baldwin/Don Taylor/Bob Cantu)
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Mayor Baldwin stated the he was asked by the Veteran's Plaza Memorial Group to place
this on the agenda, but that this evening they were not present. He indicated that they
would like to make a special presentation to the Council regarding their reasons to leave
the name "Schertz" out of the Veteran's Memorial Plaza. Mayor and Council discussed
the reason for having the Schertz name on the Memorial as they (the City) is a major
contributor to the lane, electricity, and maintenance. Councilmember Fowler stated the
reason he felt that the Schertz name should not be included.
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to allow the Veteran's Memorial Committee to make their
presentation and postpone action until the January 11, 2011 meeting. The vote was
unanimous. Motion Carried.
4. Resolution No. 10-R-77 -Consideration and/or action approving a resolution regarding a
development agreement with DDC Ashton, Ltd., relating to Merritt Lakeside Senior
Village. (M. Spain/M. Sanchez) This item required specific changes to the agreement and
is being brought back to Council.
Mayor Baldwin recognized City Attorney, Michael Spain who stated that the applicants
asked that this item be postponed to a later date, as they will not be present at tonight's
meeting. No Action Taken.
Mayor Baldwin paused the meeting at this point to recognize Mr. Ed Azzoz "Grumpy" who just
arrived. Grumpy stated that he had left some tamale's in the break room this evening and wished
everyone a happy holiday.
5. Ordinance No. 10-F-40 -Center Point Energy Resources Corp. -Consideration
and/or action approving a gas franchise rate increase with CenterPoint Energy Resources
Corp. and declaring an emergency. First and Final Reading (D. Taylor/Robert Sanders)
Mayor Baldwin recognized City Manager, Don Taylor who introduced this item, stating
that the City has anon-exclusive gas franchise with CenterPoint Energy Resources Corp.
CenterPoint is looking to standardize its rate across its South Texas Region in its 66
communities. Staff recommends asking Texas Railroad Commission to review and set a
new rate. Staff understands that the Railroad Commission will review the proposed rates
and set a rate structure following public hearings; new rates will go into effect in June or
July. Based on 12-months, a residential homeowner will see their monthly average
increase $2.82 per month; Commercial users will see their bill remain about the same.
The rate structure essentially increases the base rate to cover their fixed costs and lowers
the commodity rate. The net effect to the customer is to see a general "flattening" of the
rate over a 12-month period, making monthly bills more predictable. The last rate
increase was in 2005. The rate will be effective Mid-Summer 2011 after the Railroad
Commission approves it. Staff recommends approval.
Mayor Baldwin recognized Ms. Wendy Lamb, CenterPoint Energy Resources
Corporation who provided a brief PowerPoint, answering questions from Council.
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Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councilmember Scagliola to approve Ordinance No. 10-F-40 declaring an emergency on
first and final reading. The vote was unanimous Motion Carried. t
7. Council Liaison to the Schertz Mousing Board -Consideration and/or action regarding
the appointment of a City Council Liaison to the Schertz Housing Authority. (Mayor
Baldwin)
Mayor Baldwin introduced this item stating that action requested of Council replaces
John Trayhan as Council Board Liaison to the Schertz Housing Authority. Mayor
Baldwin stated he would like to nominate Councilmember Fowler to accept the position
of liaison to the Schertz Housing Board, Councilmember's concurred.
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councilmember Scagliola to appoint Councilmember Jim Fowler as the Schertz Housing
Authority Council Liaison. The vote was 4-0-I with Councilmember Fowler abstaining.
Motion Carried.
8. Appointments/Reappointments/ Resignations to Boards and
Commissions/Committees - Consideration and/or action regarding appointments/
resignations to Boards and Commission/Committees.
• Ratify the resignations of Dean Midlick and Jeffrey Siebert from the Parks &
Recreation Board.
• Appointment of Patrick Russell from alternate to regular member to the Parks and
Recreation Board.
• Ratify the resignation of Mary Spence from the Transportation Safety Advisory
Commission (TSAC).
• Appointment of John Ostrowski from alternate to regular member to the
Transportation Safety Advisory Commission (TSAC and the appointment of
William Rumfelt as alternate and the reappointments of Max Hernandez and
Doreen Bowers.
• Ratify the resignation of Simone Bailey from the Library Board.
• Appointment of Roger Sturdy from Alternate to Regular Member of the Library
Board and the reappointments of Sandy Keiser, Bobbie Boyce, Carol Cyr, Neota
Brady, and Sonia Samora to the Library Board.
• Appointment of Pete Perez, Jr. to the Historical Preservation Committee.
Mayor Baldwin recognized Councilmember Edwards who moved, seconded by
Councilmember Carpenter to postpone this item until the January 11, 2011 meeting to
allow them more time to review the applications. The vote was 3-Z-0 with
Councilmembers Fowler and Scagliola voting no. Motion carried.
EXECUTIVE SESSION
Called under Section 551.071 Texas Government Code Litigation, pending litigation; Section
551.072 Texas Government Code -Deliberation regarding the purchase, exchange, sale,
lease, or value of real property, and Section 551.074 the appointment, employment,
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evaluation, reassignment, duties, discipline, or dismissal of the City Secretary and Assistant
City Managers.
Mayor Baldwin adjourned into executive session at 7:00 p.m.
RECONVENE TO REGULAR SESSION
Mayor Baldwin reconvened into regular session at 7:50 p.m.
9. Take any action deemed necessary as a result of the Executive Session.
Mayor Baldwin recognized Mayor Pro-Tem Carpenter who moved, seconded by
Councilmember Edwards that pursuant to the City Charter, as it calls on the Council from
time to time to set salaries of the City Manager, Assistant City Managers, City Secretary,
and Assistants to the City Secretary, that they move to make a competitive market salary
adjustment to the salaries of the Assistant City Managers as follows: John Bierschwale
be paid at the beginning of the first pay period of the new calendar year an annual salary
of $122,000 and that David Harris, in the same manner, be paid an annual salary of
$110,000. The vote was 4-1-0 with Councilmember Scagliola voting no. Motion
Carried.
Requests and Announcements
10. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Baldwin recognized Councilmember Fowler who stated that listening to the news
this evening he was upset to find out that the ACLU is threatening the school systems as
it relates to putting Christmas decorations up that represents Judaism religion, such as the
birth of Christ. Councilmember Fowler stated his views on the subject stating it
represents the birth of the nation and the purpose this Country was based on. Seems
some are getting away from the purpose of Christmas. What are we doing in our City? He
would like a discussion item be placed on a future agenda to discuss what the City thinks
about the proper balance of secular and religious formatting for Christmas and Easter.
11. Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Baldwin recognized Councilmember Scagliola who asked the following generic
question: He knows that on Aviation Heights the City is working on the water lines and
was wondering if in doing so, this is possibly causing over pressure problems. City
Manager Don Taylor stated no, the City is installing new lines, the City is going up to the
houses for those residents, and that the pressure issue will be stabilizing soon.
12. 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
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• Upcoming City Council agenda items
Mayor Baldwin recognized Councilmember Antuna who stated that the City recently 1.
received great press coverage regarding Schertz Parkway and requested that the Council
receive printed copies of news articles.
Mayor Baldwin recognized Councilmember Scagliola who stated that he attended the
following:
~ Wednesday, December 15, 2010 he attended the Steel Knights pep rally -
congratulated their win.
• Thursday, December 16, 2010 attended the Economic Development Corporation
holiday celebration.
• Friday, December 17, 2010 attended the employee holiday celebration; thanked
Dudley and his staff.
• Friday, December 17, 2010 attended a Ribbon Cutting at the old Gorky's restaurant,
now called Hanna's Country Steak House.
Mayor Baldwin stated that the employee celebration was excellent and thanked EMS Staff
for putting it together. Mayor and Council wished everyone a Merry Christmas and Happy
Holiday Season.
13. Announcements by City Manager
• Recognition of City employee actions -
• New Departmental initiatives
Mayor Baldwin recognized City Manger Don Taylor who stated that it has been an honor
to work for them and the wonderful City this past year and stated that on behalf of the
employees they wished them a Happy Christmas.
ADJOURNMENT
As there was no further action, Mayor B in djourne the meeting at 8:03 p.m.
Mayor
ATTEST:
9
nda Dennis, TRMC, MMC City Secretary
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