January 14, 2016

The January 16, 2014 City Council meeting was the first meeting for the calendar year.  It was held 8 miles outside the city limits at the Braunig Lake RV Resort meeting hall.  The meeting started at 6:30 pm and lasted till 8:35 pm.

Government Attendance

• Mayor Ball
• Alderman Gillespie
• Alderman Tanguma
• Alderman Tomasini
• Alderman Tremblay
• City Attorney Leslie C. Kassahn
• City Clerk Charlotte Rabe
• City Marshal Jesse Gutierrez
• Melissa Matehuala

Citizens to be Heard

Dawn Allison donated a large American flag and stated she wanted to show her support to the city.  She said she didn’t like quitting things she started so she didn’t want the city to fail.  She also spoke to the audience stating that others should stop opposing the city council.

Mike Miller spoke about someone running a new RV park at the corner of Hickory Shadow and Black Cherry.  He said the owner had said the City gave him permission to do so.

Charles Fillinger addressed the issue of finding someone to fill the seat of Alderman Place 4.  He stated that City Clerk Charlotte Rabe told him on December 31, 2015 that his application for the position needed to be notarized and that he would have time to submit it.  He then stated that Rabe told him on January 1, 2016 that his application was late.

Fillinger said he reviewed the paperwork and the information on the city website and said that none of it mentioned anything about documents needing to be notarized.  He also mentioned that the city website said the 31st of December was the date the paperwork needed to be postmarked, not received.

In his own words:

“I feel that the application process was faulty…I’d like to see this cleared up.”

Approving Consent Agenda

5 items were included in the consent agenda.  These included the approving of minutes from meetings on the 2nd and 8th of September 2015, and the meeting of December 15, 2015.  Also included was a payment invoice of $1890 to Kassahn & Ortiz, P.C. and a $40 reimbursement to Alderman Gillespie for attending a TML meeting in Cuero, Texas, that had previously not been discussed in past meetings.

Mayor Ball pointed out that one of the meetings listed on the agenda was not a “regular” meeting and asked the advice of the attorney on whether or not the item should be pulled.  Attorney Kassahn suggested pulling the item.

Alderman Tremblay then motioned to amend the item in question and then to accept the consent agenda.
Alderman Gillespie 2nded.
Vote passed 4-0

Alderman Place 4

As the council began to discuss the new resolution accepting someone to fill the vacant Alderman Place 4 position, Alderman Tanguma stated she didn’t have a copy. The mayor then read the entire resolution out loud to the council.  She then explained what the council had previously decided (to the same members of the council who had made the decision to begin with) about how to fill the position.  She stated that there were only two applicants, Gary Bricken and Charles Fillinger, but that Bricken had withdrawn and Fillinger’s application was incomplete.

Mayor Ball then said she would accept nominations from the council.  Alderman Tremblay nominated Melissa Matehuala and proceeded to hand out documents about her to the council that he had prepared ahead of time.  He mentioned she wants to focus on having a park, road maintenance, street lights, and better communication with the Hispanic community.  Afterwards he moved for a “rising vote.” Alderman Tomasini asked if there could be nominations for others, but Tremblay insisted that the rising vote meant the council had to vote on the nomination before hearing others.

Alderman Gillespie 2nded
Vote was 4-0 in favor of accepting Matehuala as the new alderman

At no time did any member of the City Council acknowledge Charles Fillinger, who spoke during the Citizens to be Heard segment and who was still in the audience.  As the council moved on, Fillinger quietly stated “It’s a lawyer thing now” as he got up to leave.

Matehuala was sworn in and took a seat with the city council.

Presentation from Edge Construction

Damon Gibbs of Edge Construction handed documents to each City Council member about a planned construction of new buildings near the Dollar General.  The council discussed the documents with Gibbs, but never let the audience know what they were talking about.

Ball asked what Gibbs wanted from the council.  His response was he wanted their blessing.

Alderman Tremblay asked Gibbs to let the Council do an official ground breaking ceremony with media coverage.  He said he wants it in the paper.  In Tremblay’s own words, “That’s all we ask.”

As Gibbs walked away he asked he mayor if she had found a “home” for something, but before he finished his sentence the mayor cut him off and said she couldn’t discuss it but would call him.

The council took no official action, but told Gibbs he could contact them if Bexar County required documents.

Fireworks

Mayor Ball said the fireworks issue came up again because the ordinance at the last meeting (in December 2015) had only addressed the storage of fireworks.

There was a discussion about how the city would enforce the ordinance and Tremblay said “I think this can be enforced by the [county] Fire-marshal.”

Alderman Gillespie motioned to set a fine of no more than $2,000
Alderman Tremblay 2nded
Vote was 5-0 in favor

Mayor Ball didn’t know the agenda was for amending the current ordinance.

Alderman Tremblay motioned to amend ordinance 2015-32 to include the banning the storage of Fireworks
Alderman Gillespie 2nded
Vote was 5-0

Signage in the city

Alderman Tremblay asked Mayor Ball if she had heard anything from the Bexar County Purchasing Department.  The city currently has a contract with the Department to have access to contractors and services.  Ball said she hadn’t.

Alderman Tremblay motioned to postpone the item till the next regularly cheduled meeting
Alderman Gillespie 2nded
Vote was 5-0 in favor

Purchasing Liability

Previously, the City was insured under the Small Municipality insurance program through the TML, but the coverage didn’t include city vehicles.

Mayor Ball said the new proposed insurances, including General Libility, Law Enforcement Liability, and Error & Omissions Liability through the TML Intergovernmental Risk Pool would cover the items the SMP insurance had covered.

Bexar County had previously offered to give the city 2 vehicles for the new marshal’s office, but they were still being held by the county because the city didn’t have the insurance to move them.  Tremblay asked who would be moving them and Mayor Ball said that David Cotton, a member of the audience, had volunteered his trailer.  Cotton answered back that he had sold his trailer.  Tomasini then asked if there was a location to put the vehicles and Tremblay volunteered his property.

Alderman Tremblay motioned to accept the TML quote for the liability insurances.
Alderman Matehuala 2nded
Vote was 5-0 in favor

CAFR auditor

City Clerk Charlotte Rabe said she hadn’t received a response on an online request for an auditor.  Ball asked the attorney what should be done, but Kassahn didn’t know.

Tremblay suggested posting in the newspaper.

Gillespie said 2 lawyers told her “any CPA can do this” and that it’s an easy audit.

Tremblay said it would be difficult to find a CPA this time of year, referencing to federal tax time.  He then asked what the deadline to have the audit done by, to which Ball explained that it was past due and was supposed to be in by the end of the previous fiscal year (3 months late).  She added “I want to have this with the Master Plan”, an official plan done by an engineer working with the CDBG.

Alderman Tanguma motioned to post in the newspaper to find an auditor
Alderman Tremblay 2nded
Vote was 5-0 in favor

Streets

Alderman Tremblay said he wants the process of getting a contractor to do things streamlined so that when someone calls the City Clerk about a problem she can contact a contractor to do the job so that the City Council doesn’t have to meet to approve the work.

The City Attorney said only expenditures over $1,500 have to go before the City Council for approval.

Mayor Ball said she would get with Bexar County to get a list of available contractors.

No action was taken.

City newsletter

Alderman Tanguma said she would like the city to have a newsletter that at least comes out every quarter or for special meetings.  She then began to explain her research on the cost of the project, but Mayor Ball interrupted Tanguma to provide her own research.

After a discussion on the cost of postage, Ball mentioned that businesses in the city had agreed to be distribution points.  Tremblay also suggested handing them out to people personally.

Tanguma suggested putting in every ordinance so that people knew about them.  Ball, however, said they were only legally required to tell people about ordinances that involve fines.

Tanguma said she would volunteer to write the newsletters and Tremblay suggested covering everything since the beginning of the city.  When Tanguma said she wasn’t involved since the beginning everyone suggested using the city’s website as a resource.

Ball said the newsletters would go on the website too.

A member from the audience suggested placing in advertising space, to which Alderman Tremblay replied “Definitely.”

Alderman Gillespie said the newsletter would be good because people “are getting misinformation.”

It was decided that Tanguma would create a draft and have it ready for approval at the next City Council meeting.

Alderman Tremblay motioned to create an official city newsletter
Alderman Gillespie 2nded
Vote was 5-0 in favor

CPS accounts from WPPOA

Mayor Ball stated that WPPOA CPS accounts are in arrears by about $5,000 and that there was no required signature for the transfer of CPS bills from the WPPOA to the City.  She also said CPS will provide a map of street lights.

Alderman Gillespie said there were 4 different accounts.  The largest has 86 different lights that are not metered.

Alderman Tremblay said he “hated to” take on CPS bills from the WPPOA, but wanted “to move on.”

Alderman Tomasini asked about the city budget and Ball said things would have to be moved around.

Alderman Tremblay motioned to accept the resolution to take on the responsibility of the CPS bills
Alderman Gillespie 2nded
Vote was 5-0 in favor

Tremblay mentioned that the street lights would be on the future Master Plan.

Gillespie justified her reasoning for taking the bills saying “People in the city are using the lights.”

There was no discussion about people outside of the subdivision of Waterwood having to pay for Waterwood’s street lights.

WPPOA

The planned item on the meeting agenda was to discuss authorizing the city attorney to negotiate and execute the necessary documents to accept the transfer of assets from the WPPOA.  Before there was any discussion, Alderman Tremblay motioned to postpone the topic until the regularly scheduled meeting in March.  He said there were legal issues not taken care of.

Alderman Gillespie 2nded
Vote was 5-0 in favor

Animal Control

Alderman Tanguma and Mayor Ball talked about protecting cats.

Alderman Tremblay said people ride horses past his property late at night with loud stereos.  He motioned that no one should ride livestock in the public right of way before sunrise or after sunset.

There was a discussion about deed restrictions and the City Attorney said they could be grandfathered in.

Mayor Ball then became confused as to whether or not the City Council had passed an ordinance on animal control or not.  She asked the City Clerk if they were currently amending the ordinance or about to pass it.  Rabe confirmed that they had already passed the ordinance.

Alderman Tremblay motioned to amend ordinance 2015-36 sec 4, item c2 (page 6) to read that no one should ride livestock in the public right of way before sunrise or after sunset, and that any variance of the ordinance with reference to a deed may be requested from the City Council.

Alderman Gillespie 2nded
Vote was 5-0 in favor.

Eminent Domain Reporting

Mayor Ball said the state’s Comptroller’s office said the paperwork is mandatory and has a $1000 fine for a city not complying.

Ball read the proposed resolution out loud.

Alderman Matehuala motioned to accept the resolution
Alderman Tanguma 2nded
Vote was 5-0 in favor

Platting Requirements

Alderman Tremblay motioned to authorize the Mayor or City Clerk to issue a letter stating the City doesn’t have platting requirements.

Alderman Gillespie 2ndeed
Vote was 5-0 in favor

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