05-29-2012 MinutesMINUTES
REGULAR MEETING
May 29, 2012.
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May 29,
2012, at 5:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building
#4, Schertz, Texas: The following members present to -wit:
Mayor Pro -Tern David Scagliola
Councilmember George Antuna
Councilmember Michael Carpenter
Staff Present:
Executive Director David Harris
Executive Director Brian James
City Secretary Brenda Dennis
CALL TO ORDER REGULAR MEETING
Councilmember Jim Fowler
Councilmember Cedric Edwards
City Manager John Kessel
Executive Director John Bierschwale
City Attorney Michael Spain
Mayor Pro -Tern Scagliola called the meeting to order at 5:30 p.m. and welcomed everyone in
attendance.
Mayor Pro -Tem Scagliola moved into executive session.
Executive Session — 5:30 p.m.
Called under Section 551.071 Texas Government Code Litigation, pending or contemplated
litigation; Section 551.072 Texas Government Code - Deliberation regarding the purchase,
exehange,.sale, lease, or value of real property, or real estate, Section 551.074 Deliberation regarding
personnel matters, duties of certain public officials and employees, and personnel and the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City
Manager.
(Executive session is estimated to last 30 minutes at which point the rest of the agenda will be
addressed)
Reconvene into Revular Session
Mayor Pro -Tem Scagliola reconvened into regular session at 6:08 p.m.
No action necessary.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND STATE OF TEXAS.
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Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of
the United States and the State of Texas.
Mayor Fro -Tem Scagliola welcomed everyone in attendance and recognized Guadalupe County
Commissioner Jim Wolverton.
City Events
Announcements of upcoming City Events by Executive Directors (D. Harris /J. Bierschwale/B.
James)
Mayor Pro -Tem Scagliola recognized Executive Director of Support David Harris who asked
members to please keep Purchasing and Asset Management Director Rita Duprat -Waldo and her
family in their prayers as her son Chris Lewis was killed in an accident Sunday. Mr. Harris stated
that the visitation is scheduled for Friday, June 1, 2012, from 4:00 p.m. to 9:00 p.m. at the Schertz
Funeral Home and the Memorial Service is scheduled for Saturday, June 2, 2012, at 10:00 a.m. at the
Schertz Civic Center, followed by a pot luck luncheon.
Presentations
• Library Presentation and Update (D. Harris /G. Douglas/M. Uhlhorn)
Mayor Pro -Tem Scagliola recognized Library Director Gail Douglas, Youth Services
Librarian April Toman, and Adult Services Librarian Elizabeth Blase who provided a
briefing regarding the upcoming Summer Reading Program activities of the Library.
Hearing of Residents
This time is set aside far any person who wishes to address the City Council. Each person should f ll
out the speaker's register prior to the meeting. Presentations should be limited to no more than 3
minutes. 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 Pro -Tem Scagliola recognized the following people who spoke:
• Diana Taylor, 5505 Columbia, who thanked the City Management and Council for their
support with the situations with their homes in Fairhaven. Ms. Taylor also thanked those
who came out this weekend for the pool opening. She mentioned that she turned over a
$250.00 donation for the Hal Baldwin Scholarship fund on behalf of the Fairhaven HOA.
• James Winslow, 10218 Oak Saddle, San Antonio who spoke supporting the Fairhaven
Residents.
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Mayor Pro -Ter Scagliola recognized the following who spoke regarding the issues of:
accountability, consumer protection, issues with their homes, requesting Council to approve their
proposed Ordinances, and for Pulte to buy back their homes:
• Donna Fitzgerald, 5304 Storm King
• Ken and Angela Russell, 6034 Mule Deer
• Ryan Mahoney, 5233 Columbia
• Steve Clark, 5269 Brookline
• Dan Hollistel, 5525 Columbia
• Janet Ahmad, 18 Silverhorn, San Antonio
• Mayor Pro -Tem Scagliola recognized Councilmember Edwards who mentioned the NIT
Championship — The Great American Shoot -out for teams to compete for medals in this
event. He was proud to announce that the San Antonio based Texas Tigers claimed the
championship on Monday, May 28, 2012. The majority of the kids on this team are from the
Schertz- Cibolo area, including his son, Cayne Edwards.
Mayor Pro-Tern Scagliola indicated that the information requested by Home Owners for Better
Building will be presented later this evening.
Worksession Items
• Presentation regarding Fairhaven home construction and development concerns. (B.
James/M. Spain)
Mayor Pro -Tem Scagliola recognized City Attorney Michael Spain and Executive Director
of Development Brian James who provided the following information:
Mayor Pro -Tem Scagliola recognized Executive Director of Planning Mr. Brian James and
City Attorney Mr. Michael Spain who listed and explained answers to several questions
asked by property owners of the City Council regarding the Fairhaven Agenda Item on May
22, 2012.
There were several factors that were considered by City Staff in developing the responses to
the questions and these include:
• Does it help prevent the problems in Fairhaven from recurring?
• Is it legal?
• Can the City do it effectively?
• Can the State or Federal government do it better?
• Is there a better option?
• What will it take to implement?
Please note that:
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• The City of Schertz routinely updates its Unified Development Code (UDC) in
response to comments from citizens, Boards and Commissions, and City Council.
• Staff developed the "Proposed Development and Building Standards Beyond Current
Minimums" in March 2012.
• Based on the presentation of May 22, 2012, Staff is recommending modifications to
those proposed standards.
The questions posed and answered from City Staff are as follows:
f. Do you think the pictures being displayed are "normal' for new homes?
Staff Response:
No, the pictures clearly indicate a problem. The solutions proposed should seek to reduce the
likelihood of the problems recurring in another subdivision, with minimal unintended
consequences.
2. Does the Council support the idea of requiring builders to have a surety bond in
conjunction with the licensing requirement?
The Cities of Abilene, Beaumont, Kerrville, Longview, and El Paso currently require
contractors to provide surety bonds.
Staff Response:
The representatives from the Cities indicated bonds are required as a means of addressing
code violations prior to issuance of a certificate of occupancy— not remedying a problem that
appears after issuance of a certificate of occupancy.
Cities will provide bond information to property owners /customers when asked.
Upon request of the property owner the City of Beaumont will inspect the project and write a
letter to the bonding company noting any code violations it -has identified and indicating that
the homeowner claims it is a result of work done by the contractor.
Only Abilene actually works to collect on the bond; in the other cities it is up to the property
owner to pursue collecting the bond.
The City of Schertz currently requires "all contractors who practice their craft within the City
to show proof of general commercial liability insurance for claims for property damage, or
bodily injury regardless of whether the claim arises from a negligence claim or on a contract
claim. Coverage amount of liability insurance shall not be less than $250,000.00."
The purpose of the bonding requirement in all of these cities is to address demonstrable code
violations, which is not the case in the Fairhaven situation,
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The problems in and of themselves are not code violations and as such the requirement
would not provide a remedy for homeowners who experience problems with foundations
after the home has been constructed.
As this would not address problems in Fairhaven, Staff does not support requiring contractors
to post surety bonds.
3. Does -the Council agree builders should have to provide full disclosure, similar to those
realtors and homeowners when they sell an existing home?
Staff Response:
Staff supports homebuyers obtaining all documents they feel are necessary in order to make
informed decisions.
It is not practical for the City to enforce a provision requiring certain documents to be
provided before a person decides to buy a house or even puts up earnest money as part of a
contract.
The City should not require an individual buyer to have to consent to anything, including "to
accept the terms" put forth by a homebuilder.
The City should not try to dictate what information is provided to a buyer or potential buyer
--- there is likely to be disagreement between people as to "benefits" of a particular home to be
purchased.
Some documents (building plans, HUD forms, or lists of contractors) may not exist for
existing homes.
The City can provide documents that are in its records to individuals who request them.
Staff does not recommend that the City adopt and enforce Federal (EPA or HUD) or State
(Texas Commission on Environmental Quality (TCEQ)) regulations. Enforcement should be
uniform nationally or state -wide. These agencies monitor and enforce the regulations they
create as they determine appropriate.
Staff feels that enforcing environmental regulations is not something the City will be able to
do as well as TCEQ or EPA.
4. Does the council support engineered foundation plans specific to each new house in
Schertz?
Staff Response:
Yes, as per the "Proposed Development and Building Standards Beyond Current Minimums"
previously proposed by City Staff in March; Staff recommends that we:
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Require soil test reports for each lot prior to engineering foundations.
• Require a statement from an engineer that the slab was designed to the soil conditions of the
site.
• Require sealed engineer certifications stating foundations are constructed to plan
specifications and industry standards.
• Require monolithic pour on residential slabs to be certified by a third party inspector.
• Require a minimum slab cure period prior to placing load on a "green slab" or
commencement of framing to be certified by a third party inspector.
• For post tension slabs, follow Post Tensioning Institute (PTI) guidelines for post - tension
slab -on- ground foundations including:
Inspection by third party PTI certified independent agency inspector;
- Pre -pour, pour, and post -pour tension inspection, including slump test during concrete
pour, Tendon Stressing Reports and Calibration records on Stressing Equipment;
Tendon Stress inspectors shall be PTI certified with a minimum of 5 years experience
(need to verify if service at this level is available in the region).
Prohibit incursion into retaining wall fill (swimming pools, foundations, etc.) without
structural engineer's design and seal.
5. Does the Council support requiring builders to build stick houses vs. using engineered
components that have not been engineered to necessarily work together?
Staff Response:
The cities of El Paso and Frisco, Texas do not prohibit utilizing engineered components.
City of Frisco, Texas responses
• Does your city prohibit the use of pre engineered roof trusses? All framing
in Frisco for residential new construction requires an engineered design regardless
if constructed with conventional framing techniques or incorporating pre -
engineered wood or trusses.
0 Arc the pre engineered roof trusses okayed with an engineered seal? We
receive the pre - engineered truss assembles shop drawings signed and sealed from
the specialty engineer of the manufacturer. The engineer of record for the entire
structure is to review and accept the incorporation of these assemblies into the
overall design.
• Does your city issue a stop work order on contractors using pre
engineered trusses if they are not permitted? We require the reviewed -engineered
plans and shop drawings on site for inspection. If the framing does not match the
plans, the inspection would fail and not move forward. It would be the
responsibility then of the permit applicant to resubmit engineered plans matching
construction or make corrections to the construction to match the design.
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The City Attorney is researching how regulations imposed at the Federal level would likely
restrict a City's ability to prohibit engineered structured and components.
Staff recommends that:
Require pre - engineered truss shop drawings be signed and sealed from the engineer of the
manufacturer. The engineer of record for the entire structure must provide letter accepting the
incorporation of these assemblies into the overall design.
Require the signed and sealed pre - engineered truss plans and shop drawings on site for
inspection. If the framing does not match the plans, the inspection would fail and not move
forward until engineered plans matching construction be resubmitted or corrections are made
to the construction to match the design.
6. Does the Council support maintaining plan & plat approvals, along with environmental
assessments for the period the Certificate of Occupancy is issued?
Staff Response:
Staff recommends that copies of all required documents should be maintained by the City for
10 years after issuance of a certificate of occupancy so as to be available.
7. Does the Council support efforts to create a home lemon law in the City of Schertz?
Staff Response:
Staff recommends the City work through organizations such as the Texas Municipal League
to promote appropriate legislation to protect homeowners from poor quality construction.
Staff feels that the creation and enforcement of a lemon law would be most effective on a
statewide level, Such legislation has been proposed at the state level in the past.
S. Can the City pull Pulte's license for homebuilding in Schertz? If no, why not?
A. Why have the ordinance, if it is not enforced?
No, the City cannot revoke Pulte's license as Pulte has not been found to have failed "to
remedy unsatisfactory work, violations of the chapter, failure to obtain permits, or failure to
obtain proper inspections." The City cannot revoke a contractor's license because a customer
or group of customers does not feel the work is satisfactory, if the work complies with all
City codes for issuance of a Certificate of Occupancy.
Staff recommends amending this section to eliminate the reference to unsatisfactory work, as
the City can only revoke a license for a violation of the City's Code of Ordinances.
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9. Recommendation: the City should engage the Attorney General to investigate the issues
concerning Fairhaven.
The City is not in a position to "engage the Attorney General" to investigate issues
concerning Fairhaven. Any violations of Federal and State laws should be initiated by the
appropriate Federal or State agencies who are able to enforce their own regulations.
Citizens may report their concerns to the Consumer Protection Division of the Texas
Attorney General's Office via the Consumer Protection Hotline: (800) 621 -0508. According
to the Attorney General, a significant number of complaints may give rise to legal action by
the Attorney General. Note that lawsuits, if filed, are filed on behalf of the State of Texas.
The Attorney General cannot represent individual consumers; nevertheless, some legal
actions produce restitution for individual consumers.
10. Will you formally invite Pulte to be placed on a future City Council agenda to answer
any questions you have remaining?
Staff Response:
Yes, the City will formally invite Pulte to be placed on a future City Council agenda. The
City cannot legally require Pulte to attend a City Council meeting.
11. How soon can these be drafted up for City Council consideration, and done in 'a
manner than can avoid citizens from having to resort to litigation?
Staff Response:
Staff can include an item on the Planning and Zoning Conunission's agenda in July to begin
discussion on proposed ordinance amendments. Staff will work on a draft ordinance in June.
12. Knowing what you know and if you were put in this position, what would you do in our
situation?
Given that each resident is in a different situation with regards to problems with their homes,
Staff should not presume to tell individual homeowners how best to resolve issues.
Additionally, the residents who speak do not all have the same goal — some want their homes
fixed, others want Pulte to buy their homes back.
While the City can impose new regulations to reduce the chance of problems from recurring
in the future, the City cannot force Pulte to buy back homes.
Mr. James and lvlr. Spain discussed and explained the above questions and answers in detail
and answered questions from Council.
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Mayor Pro -Tern Scagliola provided his closing comments, indicating that he is confident the
City is moving forward.
Consent Agenda
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 Pro -Tem or a Councilmember.
1. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of May 22, 2012. Q. Kessel/B. Dennis)
2. Resolution No. I2 -R -44- Consideration and/or
one permanent water delivery pipeline easement
related to the water delivery pipeline with the
Antonio Water System. (J. Bicrschwale/M. Spain)
The following caption was read into record:
action approving a Resolution authorizing
and one temporary construction easement
City of San Antonio for use by the San
RESOLUTION NO. 12 -R -44
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING ONE (1) PERMANENT WATER EASEMENT AGREEMENT AND
ONE (1) TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH THE
CITY OF SAN ANTONIO FOR THE USE, BENEFIT, AND CONTROL OF THE SAN
ANTONIO WATER SYSTEM BOARD OF TRUSTEES, AND OTHER MATTERS IN
CONNECTION THEREWITH
3. Resolution No. 12 -R -45 - Consideration and/or action approving a Resolution appointing
George Antuna to the Lone Star Rail District Board — filling the vacancy of Mayor Hal
Baldwin. (J. Kessel/Council)
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The following caption was read into record:
RESOLUTION NO. 12 -R -45
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
APPOINTING COUNCILMAN GEORGE ANTUNA TO FILL THE VACANCY OF
MAYOR HAL BALDWIN ON THE BOARD OF DIRECTORS OF THE LONE STAR
RAIL DISTRICT, AND OTHER MATTERS IN CONNECTION THEREWITH
Resolution No. 12 -R -46 - Consideration and/or action approving the Woodland Oaks
Regional Detention Facility Project Budget and approving a Resolution authorizing a
professional services agreement with Ford Engineering, Inc. relating to engineering and
design for the Woodland Oaks Regional Detention Facility
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U. Bierschwale /S. Willoughby)
The following caption was read into record:
RESOLUTION NO. 12 -R -46
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD
ENGINEERING, INC., RELATING TO ENGINEERING AND DESIGN FOR THE
WOODLAND OAKS REGIONAL DETENTION FACILITY, AND OTHER
MATTERS IN CONNECTION THEREWITH
Resolution No. 12 -R -47 - Consideration and/or action rescinding the Wagner Materials and
Construction contract, authorizing a Project Budget, and approving a Resolution authorizing
a professional services agreement with Don McCrary and Associates relating to engineering
and design for the Ware - Seguin Road Capital Improvement Project. (J. Bierschwale /S.
Willoughby)
The following caption was read into record:
RESOLUTION NO. 12 -R -47
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH DON
MCCRARY & ASSOCIATES, INC., RELATING TO ENGINEERING AND DESIGN
FOR WARE SEGUIN ROAD CAPITAL IMPROVEMENT PROJECT, AND OTHER
MATTERS IN CONNECTION THEREWITH
6. Resolution No. 12 -R -48 - Consideration and/or action regarding the reallocation of $240,000
in the Water & Sewer Fund for the I -35 Waterline Project, approving a Project Budget, and
approving a Resolution authorizing a professional services agreement with Ford Engineering,
Inc. relating to engineering, design, and hydraulic study for waterline replacement on IH 35
between Mobile Villa Estates and Schertz Parkway. (J. Bierschwale /S. Willoughby)
The following caption was read into record:
RESOLUTION NO. 12 -R -48
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD
ENGINEERING, INC., RELATING TO ENGINEERING, DESIGN AND HYDAULIC
STUDY FOR WATERLINE REPLACEMENT ON 111-35 BETWEEN MOBILE
VILLA ESTATES AND SCHERTZ PARKWAY, AND OTHER MATTERS IN
CONNECTION THEREWITH
7. Resolution No. 12 -R -49 - Consideration and/or action approving a Project Budget and a
Resolution authorizing a professional services agreement with Ford Engineering, Inc. relating
to engineering, design, and hydraulic study for Chelsea Drive Drainage Channel
Improvement. (J. Bierschwale /S. Willoughby)
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The following caption was read into record:
RESOLUTION NO. 12 -R -49
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FORD
ENGINEERING, INC., RELATING TO ENGINEERING, DESIGN AND
HYDRAULIC STUDY FOR CHELSEA DRIVE DRAINAGE CHANNEL
IMPROVEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH
8. Resolution No. 12 -R -50 - Consideration and/or action approving a Resolution authorizing an
Interlocal Agreement with Cibolo Creek Municipal Authority to operate the Sedona
Wastewater Treatment Plant. (J. Bierschwale /S. Willoughby)
The following caption was read into record:
RESOLUTION NO. 12 -R -50
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN INTL'RLOCAL AGREEMENT WITH CIBOLO CREEK
MUNICIPAL AUTHORITY TO OPERATE THE SEDONA WASTEWATER
TREATMENT PLANT, AND OTHER MATTERS IN CONNECTION THEREWITH
9. Appointments/ Reappointments and Resignations to City Boards, Commissions and
Committees — Consideration and/or action regarding appointments /reappointments and
resignations to City Boards, Commissions, and Committees.
Re- appointment of Councilmember George Antuna, Mr. Gary Inmon, and
Executive Director John Bierschwale to the Tax Reinvestment Zone Number
Two — Sedona Development Project (T1RZ II), Terms to expire September
2013.
Appointment of Councilmember George Antuna as Ex- officio to the Schertz
Seguin Local Government Corporation (SSLGC)
Mayor Pro -Tem Scagliola recognized Councilmember Fowler who moved, seconded by
Councilmember Edwards to approve consent agenda items 1, 2, 3, 4, 5, 6, 7, 8, and 9. The
vote was unanimous. Motion carried.
Mayor Pro -Tem Scagliola moved into Executive Session at 7:40 p.m.
Executive Session
Called under Section:
551.071 Texas Government Code Litigation, pending or contemplated litigation;
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• 551.072 Texas Government Code - DeIiberation regarding the purchase, exchange, sale,
lease, or value of real property, or real estate;
• 551.074 Deliberation regarding personnel matters, duties of certain public officials and
employees, and personnel and the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of the City Manager.
Mayor Pro -Tem Scagliola reconvened into regular session at 8:10 p.m.
10. Take any action deemed necessary as a result of the Executive Session.
No action required.
Requests and Announcements
11. Requests by Mayor Pro -Tem and Councihnembers that items be placed on a future City
Council agenda.
No items requester.
12. Requests by Mayor Pro-Tern and Councilmembers to City Manager and Staff for
information.
Mayor Pro -Tem Scagliola requested information regarding the parking issues on the road
behind the Library to be forwarded to TSAC. City Manager John Kessel stated that he would
have Executive Director John Bierschwale look into this request and get back with him.
13. Announcements by Mayor Pro-Tem. 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 Pro -Tem Scagliola recognized Councilmember Fowler who stated that he attended the
services for Former Mayor Earl Sawyer on Monday, May 28, 2012.
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Mayor Pro -Tem Scagliola stated that he attended the following:
• Saturday, May 26, 2012, Fairhaven Pool opening and was presented $250.00 to go
towards the Hal Baldwin Scholarship Fund from the Fairhaven HOA.
• Saturday, May 26, 2012, EMS Extravaganza at the Forum and the EMS Casino Night
event.
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• Monday, May 28, 2012, Memorial Services for former Mayor Earl Sawyer on
Monday, May 28, 2012.
14. Announcements by City Manager
Mayor Pro -Tem Scagliola recognized City Manager John Kessel who stated -that he wanted
everyone to know and make certain that Rita Duprat -Waldo knows the Community and City
Staff care deeply for her and support her during this tragic time after the loss of her son,
Chris Lewis. He was a close friend to many of the City Staff. He mentioned the visitation
would be on Friday, from 4:00 p.m. to 9:00 p.m. and Memorial Services would be at the
Schertz Civic Center on Saturday, at 10:00 a.m.
City Manager John Kessel publically complimented the Marshal's offices who were able to
help a citizen resolve their issue this past Saturday. He wants the Marshal's office to know
that he supports them 100 %.
Mr. Kessel also indicated that Chief Don Taylor will formally retire on July 13, 2012, after a
two week vacation. June 29, 2012, will be his last day in the office. Mr. Kessel thanked
Chief Taylor for his service, guidance, and friendship.
Chief Taylor thanked the City Council, City Manager for the opportunity
Adjournment
Mayor Pro -Tem Scagliola adjourned the meeji" at 8:22 p.m.
Mayor Pro-
ATTEST:
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renda Dennis, TRMC, MMC City Secretary
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