07-17-2012 MinutesNHNUTES
REGULAR MEETING
July 17, 2012
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on July 17,
2012, at 6;00 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building
#4, Schertz, Texas. The following members present to-wit:
Councih-nember Michael Carpenter
Councilmember Jim Fowler
Councihnember David Scagliola
Councihnember Cedric Edwards
Staff Present:
Executive Director John Bierschwale
Chief of Staff Bob Cantu
City Attorney Samantha Dyal
Mayor Pro-Tem George Antuna x~as absent.
CALL TO ORDER REGULAR MEETING
City Manager John Kessel
Executive Director Brian James
City Attorney Michael Spain
City Secretary Brenda Dennis
Councilmember Carpenter called the meeting to order at 6:00 p.m. and welcomed everyone.
Councilmember Carpenter stated that Mayor Pro-Tem Antuna was absent this evening, and as
practice, in the absence of the Mayor or Mayor Pro-Tem the senior Councilmember would preside.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND STATE OF TEXAS.
Councihnember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of
the United States and the State of Texas.
New Em to ee Introduction
• Introduction of the HR Director Mr. Joshua Smith (J. Kessel/D. Harris)
Councihnember Carpenter recognized City Manager- John Kessel who introduced the new HR
Director Mr. Joshua Smith,- providing a brief biography.
C~ Events
Announcements of upcoming City Events (D. HarrislJ. Bierschwale/B. James)
Councilmember Carpenter recognized Executive Director John Bierschwale who provided the
following announcements:
• Thursday, July 19, 2012, at 5:30 p.m. -Schertz Chamber of Commerce After Hours Mixer
hosted by Ciear Blue Car Wash, 4715 FM 3009.
07-17-2012 Minutes
• Saturday, August 4, 2012, at 10:00 a.m. - 78~' Annual Marion Sausage Parade. Schertz
Sweethearts and the Citizens on Patrol will be participating.
Worksession
• Discussion and direction regarding shade structures for new playscape (J. Kessel/P.
Gaudreau)
Councilmember Carpenter recognized Owner's Representative Phil Gaudreau who came
forward and provided updated information regarding the possibilities of shade structures and
answered questions from Council. Council concurred to wait until the playscape is
constructed to get final direction on the installation of the shade structure.
Discussion and direction regarding method of honoring past participants on playscape (J.
Kessel/P. Gaudreau)
Councilmember Carpenter recognized Owner's Representative Phil Gaudreau who carne
forward and provided updated information on the method of which the past participants of
the playscape would be honored and answered questions from Council.
Councilmember Carpenter stated that at this time the Council would be moving into executive
session under sections:
• Section 551.071 Texas Government Code 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 Deliberation regarding personnel matters, duties of certain public
officials and employees;
• Section 551.074 The appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of tlxe City Manager;
Council moved into executive session at 6:30 p.m.
Council reconvened hack into regular session at 7:05 p.rrx
Councilmember Carpenter reminded citizens of the decorum which Council would be following.
Hearin of Residents
This time is set aside for any person tivho wishes to address the City Council. Each person should fall
out the speaker's register prior to the meeting. Presentations should be limited to no more than 3
minutes.
07-17-2012 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 fvhile addressing the
Council may be requested to leave the meefing,
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, andlor a proposal to place the item on a future agenda. The presiding off~ce~; 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.
Councilmember Catpentex recognized the following who spoke:
• Pedro Frechel, 3620 Storm Ridge, who addressed Council on having Pulte buy back his
home and the problerns.
• Lisa Connolly, 372I Limestone, who addressed Council on the recent Doggie Dash event,
thanking those who assisted in the event. Ms. Connolly presented City Manager John Kessel
with a 3rd place medal. She stated Mr. Kessel placed 3rd place in his age category on the
Doggie Dash. Ms, Connolly also presented the Council with a letter of appreciation from the
Homes for Pets/Schertz Humane Society.
• Ruth Tienor, I04 Dearborn, who addressed the Council regarding the playscape.
• Steve White, SOS Main Street, who addressed the Council regarding the Vetexans Plaza and
SOI{c)3 process.
• Dan Hollestelle, 5525 Columbia, who addressed Council regarding comments made on the
minutes of October 25, 2011, asking if Council has answered the questions and concerns
presented at that time.
• John Fitzgerald, 5304 Storm King, who addressed Council regarding concerns with his home
and comments made in the-San Antonio Express-News on January I2, 2012.
• Donna Fitzgerald, 5304 Storm King, who addressed Council regarding the Fairhaven HOA
will be hosting a candidate forum event and hoped that the candidates will be available.
• Janet Ahmad, 1 S Silvexhorn, San Antonio, President of Home Owners for Better Building
who addressed Council regarding failing foundations.
• Trish Mattison, P. O. Box 3022, Universal City, of Homeowners for Better Building, who
addressed the Council regarding citizens in Fairhaven not being satisfied with the conditions
of their homes.
• Ryan Mahoney, 5233 Columbia, who addressed Council regarding continued concerns with
conditions of their homes built by Pulte in Fairhaven.
• Sherry Claris, 5269 Brookline, who addressed Council on the importance of the upcoming
Mayoral election and hoped to see the candidates participate in their meet the candidate
forum.
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,
07-17-2012 Minutes
1. Minutes -Consideration andlor action regarding the approval of the minutes of the Regular
Meeting of July 10, 2012. (J. Kessel/B. Dennis)
2. Resolutiop No. 201.2-R-66 -Consideration andlor action approving a Resolution authorizing
the Pursuit of a "Power Up" Grant from the Guadalupe Valley Electric Cooperative, Inc., to
fluid the Saluting Boy Sculpture for the Veterans Memorial Plaza in Schertz, Texas and other
matters in connection therewith. {J. BierschwalelG. Douglas)
The following caption was read into record:
RESOLUTION NO. 12-R-66
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE PURSUIT OF A "POWER UP" GRANT FROM THE
GUADALUPE VALLEY ELECTRIC COOPERATIVE, INC. TO FUND THE
SALUTING BOY SCULPTURE FOR THE VETERANS MEMORIAL PLAZA IN
SCHERTZ, TEXAS AND OTHER MATTERS IN CONNECTION THEREWITH
Councilmember Carpenter recognized Councilmember Scagliola who moved, seconded by
Councilmember Edwards to approve the consent agenda items 1 and 2 as presented. The
vote was unanimous. Motion carried.
Discussion and/or Action Items
3. Ordinance No. 12-E-12 -Consideration ancVor action approving an Ordinance calling a
Special Election to be held in the City of Schertz on Novembex 6, 2012, for the purpose of
electing a Mayor to fill a vacancy in such office and calling a Home Rule Charter
Amendment Election to be held in the City on such date; making provision for conduct of the
election; and resolving other matters incident and related to such election and declaring an
effective date. {J. KessellM. Spain) First Reading
The following caption was read into record:
ORDINANCE NO. 12-E-12
AN ORDINANCE CALLING A SPECIAL ELECTION TO BE HELD IN THE CITY
OF SCHERTZ ON NOVEMBER 6, 2012 FOR THE PURPOSE OF ELECTING A
MAYOR TO FILL A VACANCY IN SUCH OFFICE AND CALLING A HOME
RULE CHARTER AMENDMENT ELECTION TO BE HELD IN THE CITY ON
SUCH DATE; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION;
AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH
ELECTION AND DECLARING AN EFFECTIVE DATE
Councilmember Carpenter recognized City Attorney Michael Spain who stated action calls a
Charter Amendment Election on November b, 2012, in conjunction with the Mayoral
07-17-2012 Minutes
Election for the City. The City Council has held one worksession and two public hearings on
this matter, The election consists of five proposed charter amendments:
Charter Amendment No. 1
"Shall the second paragraph of Section 4.05 of the existing City Charter relating to the, Mayor
Pro-Tem be amended to read as follows?"
"The Mayor Pro-Tem shall be a Councilmember appointed by the City Council for a term
and pursuant to procedures established by the City Council from time to time. The Mayor
Pro-Tem shall act as Mayor during the absence or disability of the Mayor and in this capacity
shall have the rights conferred upon the Mayor. While acting as Mayor, the Mayor Pro-Tem
may vote on any matter before the City Council."
Charter Amendment No: 2
"Shall Sections 4.09(e)(1) and 11.02 of the existing City Charter be amended to delete the
requirement of publishing an entire franchise ardinance in the official newspaper of the City
as a requirement for such ordinance to be effective but requiring that the entire franchise
ordinance be placed on the City's website for at least one week prior to fmal adoption of the
franchise ordinance?"
Charter Amendment No. 3
"Shall Section 6.07(a} of the existing City Charter relating to the Office of Taxation be
amended to read as follows?"
"(a) Assessor-Collector. The City Manager shall appoint, and may remove, the City's
Assessor-Collector of taxes. The City Council may, in the interest of economy and
efficiency and on the recommendation of the City Manager, authorize the City Manager to
contract with an individual or another political subdivision as Assessor-Collector to handle
the assessment and/or collection of taxes, and no separate Assessor-Collector need be
appointed in such case. The Assessor-Collector shall give a surety bond for the faithful
performance of his or her duties including compliance with all controlling provisions of the
State law bearing upon the functions of his or her office in a surr~ which shall be fixed by the
City Council, but in no event shall the amount be less than twenty thousand dollars, the cost
to be bonne by the City; provided, if the Assessor-Collector is an officer of another political
subdivision providing services to the City by contract and if the City Council determines that
the Assessor-Collector's existing surety bond sufficiently protects the City, no further surety
bond shall be required."
Charter Amendment No. 4
"Shall Section 6.07(e) of the existing City Charter relating to the City Council's authority to
forgive current or delinquent penalties and interest be amended to read as follows?"
"(e) Tax Remissions, Discounts and Compromises. Neither the City Manager nor the City
Council shall have the right to forgive any curxent or delinquent taxes or penalty and interest
related to taxation except incases of erxor or otherwise as permitted by State law."
07-17-2012 Minutes
Charter Amendment No. 5
"Shall Section 9.01{a) of the existing City Charter relating to regular election dates be
amended to change the City's regular election date from May to November and with
transition provisions to read as follows?"
"(a) Regular Elections. The regular City election shall be held on the uniform election date
in November in each calendar year cammencing in 2013 or as otherwise required by
applicable State Iaws. If this provision is approved by the voters in the election of
November b, 2012, the terms of all members of the City Council serving following such
approval shall end, and them successors' two-year terms shall commence, on the following
dates: for Cauncilmembers Place 3, Place 4, and Place 5 - on the regular election date in
2014 and as to their successors commencing on each even-numbered year thereafter; and for
Mayar and Councilmembers Place 1 and Place 2 - on the regular election date in 2015 and as
to their successors commencing on each odd-numbered year thereafter."
Mr. Spain stated the first proposed amendment regarding the selection of the Mayor Pra-Tem
was added following the public hearing on July 10. Further, the second proposed amendment
regarding the publication of franchise ordinances was amended following the July 10 public
hearing to add the requirement that a franchise ordinance be published on the City's website
for at least one week prior to the fmal adoption of the franchise ordinance.
Mr. Spain stated that in addition to calling the charter election, this ordinance also includes
information on the Mayoral election scheduled for November 6, 2012. By combining these
two election ordinances into one ordinance, the City will be able to publish these ordinances
as one ordinance, which will louver the City's publication costs related to the election.
Fiscal impact of the Charter and Mayoral election is estimated at $21,831. Recommend
approval.
Councilmember Carpenter recognized Councilmember Fowler moved to approve Ordinance
No. 12-E-12.
Councilmember Carpenter recognized Councilmember Edwards who stated he still would
like proposition number 2 reworded because it was still unclear what change is being made,
Councilmember Scaglioia concur7ed.
Councilmember Carpenter recommended the following language as a solution: "Shall
Sections 4.09(e)(1) and 11.02 of the existing City Charter be amended to delete the
requirement of publishing an entire franchise ordinance in a newspaper as a requirement for
such ordinance to be effective but requiring that the entire franchise ordinance be placed an
the City's website for at least one week prior to final adoption of the franchise ordinance?"
Council concurred.
Councilmember Carpenter recognized Councilmember Fowler who amended his motion to
include the change noted, seconded by Councilmember Carpenter. The vote was
unanimous. Motion carried.
07-17-2012 Minutes
Cauncilmember Carpenter recognized Boy Scout Jimmy Snow with Troop 51 who was present this
evening. He came forward and stated that he is working on his Citizenship in the Community merit
badge.
Requests and Announcements
5. Requests by Mayor Pra-Tem and Councilmembers that items be placed on a future City
Council agenda.
No items requesteri+
6. Requests by Mayor Pro-Tem and Councilmembers to City Manager and Staff for
information.
No requests given.
7. 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
Cour~cilmember Carpenter recognized Councilmembers Scagliola and Edwards who stated
they attended the Schertz Chamber of Commerce luncheon today and applauded the
presentation on graphic design and branding.
Councilmember Carpenter moved back into Executive Session at S:OS p.m.
Executive Session
Called under Section:
• Section 551.071. Texas Government Code Litigation, pending or contemplated
litigatio~t;
• Section 551.072 Texas Government Code _ Deliberation regarding the purchase,
exchange, sale, lease, or value of real property, or real estate;
• Section 551.074 Deliberation regarding personnel matters, duties of certain public
officials and employees;
07-17-2012 Minutes
Section SSZA74 The appointment, employment, evaluation, reassignment, duties,
discipline, or dismissal of the City Manager;
Councilmember Carpenter reconvened into regular session at 9:15 p.m.
Requests and Announcements
4. Take any action deemed necessary as a result of the Executive Session.
No action taken.
8. Announcements by City Manager
Councilmember Carpenter recognized City Manager John Kessel who stated if Council will
recall, the Economic Development staff visited with the Economic Development Board and
discussed our membership in the 10135 Alliance and other memberships associated with it.
The recommendation of the board was to not move forward with the membership starting
October 1 of next fiscal year, but to honor our commitments for this fiscal year. The
Alliance did somewhat un-invite us to the balance of the rest of the year. The good news is
we have a good strong relationship with the two cities. We have made a commitment to
support them as an equal member in Texas One. We were successful in our application to
Texas One. We are now a Member City. Over the weekend we quickly redid all our
marketing material that was necessary. We will be participating in the California mission
trip along with Secretary of State Hope Andrade, who was extremely helpful in expediting
that process. EDC staff did an excellent job in making this happen and the transition smooth.
Adionrnment -`
Councihnember Carpenter adjourned the meeting at 9:20 p.m.
Pre~iCdif~g'Officer, Councilmember Michael Carpenter
ATTEST:
~~ ~
Brenda Dent~iis, TRMC, MMC, CPM City Secretary
07-17-2012 Minutes