01-08-2013 MinutesMINUTES
REGULAR MEETING
January 8, 2013
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on January 8,
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
Councilmember Jim Fowler
Staff Present:
Executive Director John Bierschwale
Executive Director Brian James
Chief of Staff Bob Cantu
City Secretary Brenda Dennis
Councilmember Cedric Edwards was absent.
CALL TO ORDER:
Mayor Pro -Tem George Antuna
Councilmember David ScagIiola
City Manager John C. Kessel
Executive Director David Harris
City Attorney Katherine Tapley
City Attorney Michael Spain
Deputy City Secretary Cynthia Raleigh
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.
Councilmember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the
United States and the State of Texas.
City Events and Announcements
• Announcements of upcoming City Events (D. Harris /J. Bierschwale/B. James)
Mayor Carpenter recognized Executive Director David Harris who announced the following
upcoming events:
Saturday, January 19`h — Race starts at 9:00 a.m. Selma/Schertz SK run (Bluebonnet Hall)
registration is going on now!
Friday — Sunday - February 1 -3, 2013 — TML Austin — Elected Officials' Conference —
Monday, February 4, 2013 TML Austin Legislative Briefing
Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who highlighted the City of Schertz
recent new hire Roxanne Cardona — new police officer. Mr. Kessel stated that Officer Cardona
1- 8-2013 Minutes
took ownership of a recent situation where her previous training and background provided her
the ability to communicate effectively in a difficult situation {both with the individual in
question and with members of the SWAT team, Mr. Kessel congratulated Officer Cardona for
a job well done.
Hearin2 of Residents
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 people who spoke:
• Mr. Ed "Grumpy" Azzoz, 528 Wayward Pass who spoke regarding the vacant Place 5 City
Council position.
• Mrs. Maggie Titterington, Schertz Chamber of Commerce President who provided a brief
overview of the past and upcoming Chamber events.
Discussion and /or Action Items
1, Resolution No. 13 -R -01 — Consideration and/or action approving a Resolution appointing
Katherine Tapley, an attorney with the law firm of Fulbright & Jaworski L.L.P., as the City
Attorney of the City for Schertz; and other matters in connection therewith, (J. Kessel/D,
Harris/B. Dennis)
The following was read into record:
RESOLUTION NO. 13 -R -01
• A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
APPOINTING KATHERINE TAPLEY, AN ATTORNEY WITH THE LAW FIRM OF
FULBRIGHT & JAWORSKI L.L.P., AS THE CITY ATTORNEY OF THE CITY OF
SCHERTZ; AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter stated that this evening the Council will be considering a Resolution
appointing Mrs. Katherine Tapley as the City Attorney due to the retirement of City Attorney
1 -8 -2013 Minutes
Mr. Michael Spain. He stated that Mr. Spain has been with the City for 25 years and has
announced his retirement with Fulbright and Jaworski. Mayor Carpenter stated that Mr. Spain
will not be officially leaving us as he will be filling in while Mrs. Tapley goes on maternity
leave. Mayor, Council, and staff provided their well wishes on Mr. Spain's retirement and
expressed their gratitude for his dedication and his many years of service. City Attorney
Michael Spain expressed his appreciation for the opportunities to work with the City.
Mayor Carpenter recognized Councilmember Scagliola moved, seconded by Councilmember
Fowler to approve Resolution No. 13 -R -01 appointing Katherine Tapley as the City Attorney.
The vote was unanimous with Mayor Pro -Tem Antuna, Councilmembers Fowler and
Scagliola voting yes and no one voting no. (Councilmember Edwards was absent) Motion
carried.
Oath of Office - Oath of Office administered to newly appointed City Attorney Katherine
Tapley— (B. Dennis)
City Secretary Brenda Dennis administered the Oath of office to Katherine Tapley.
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.
2. Minutes - Consideration and/or action regarding the approval of the minutes of the Regular
Meeting of December 18, 2012. (J. Kessel/B. Dennis)
3. Ordinance No. 12 -M -33 — Consideration and/or action approving an Ordinance setting
uniform dates for the end of terms of members of certain City Boards, Commissions, and
Committees; repealing all ordinances or resolutions or parts of ordinances or resolutions in
conflict with this ordinance, and providing an effective date. Final Reading (D. Harris/B.
Dennis /C. Raleigh)
The following was read into record:
ORDINANCE NO, 12 -M -33
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
SETTING UNIFORM DATES FOR THE END OF TERMS OF MEMBERS OF
CERTAIN CITY BOARDS, COMMISSIONS, AND COMMITTEES; REPEALING
ALL ORDINANCES OR RESOLUTIONS OR PARTS OF ORDINANCES OR
RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE
4. Ordinance No. 12 -M -34 - Consideration and/or action approving an Ordinance authorizing
amended City Council Rules of Conduct and Procedure to include procedures for filling a
vacancy on City Council and for the appointment of a Mayor Pro -Tem; repealing all
1 -8 -2013 Minutes
ordinances or parts of ordnances in conflict with the ordinance, and other matters in connection
therewith and providing an effective date. Final Reading (D. Harris/B. Dennis /C. Raleigh)
The following was read into record:
ORDINANCE NO. 12 -M -34
AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AMENDED CITY
COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
5. Resolution No. 13 -R -02 — Consideration and/or action approving a Resolution authorizing an
Interlocal Agreement for Designation of Health Authority with Bexar, County, Texas, the City
of San Antonio, Texas, and various other cities located in Bexar County, Texas; designating
Dr. Thomas Schlenker, M.D., as the Health Authority for the City of Schertz, Texas pursuant
to Health and Safety Code Chapter 121 to provide Emergency Assistance to the City of Schertz
in accordance with the terms of the Interlocal Agreement; and other matters in connection
therewith. (7. Bierschwale/D. Wait)
The following was read into record:
RESOLUTION NO. 13 -R -02
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING AN INTERLOCAL AGREEMENT FOR DESIGNATION -OF
HEALTH AUTHORITY WITH BEXAR COUNTY, TEXAS; THE CITY OF SAN
ANTONIO, TEXAS; AND VARIOUS OTHER CITIES LOCATED IN BEXAR
COUNTY, TEXAS; DESIGNATING DR. THOMAS SCHLENKER, M.D. AS THE
HEALTH AUTHORITY FOR THE CITY OF SCHERTZ, TEXAS PURSUANT TO
HEALTH AND SAFETY CODE CHAPTER 121 TO PROVIDE EMERGENCY
ASSISTANCE TO THE CITY OF SCHERTZ IN ACCORDANCE WITH THE TERMS
OF THE INTERLOCAL AGREEMENT; AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Councilmember Scagliola moved, seconded by Councilm ember
Fowler to approve Consent agenda items 2, 3, 4 and 5. The vote was unanimous with Mayor
Pro -Tem Antuna, Councilmembers Fowler and Scagliola voting yes and no one voting no.
( Councilmember Edwards was absent) Motion carried.
Workshop Item
• Discussion, direction, and/or action regarding filling the vacant Place 5 City Council position.
(M. Carpenter /Council)
Mayor Carpenter stated he requested that this item be placed on the agenda to allow discussion and
get the consensus of Council how they would like to proceed with filling the vacant City Council
1 -8 -2013 Minutes
seat. Mayor and Councilmembers provided their comments: One of the concerns voiced was
having a quorum present at the meetings. Should any of the seated Councilmembers be absent
either for vacation, business or illness, it would require all the remaining members to be present.
Council directed staff to provide a resolution at the January 15, 2013 Council meeting to start the
process of taking applications as per the amended rules and procedures approved this evening
regarding the process by which the City Council should fill a vacancy.
Mayor Carpenter recognized Mayor Pro -Tem Antuna who moved, seconded by Councihnember
Scagliola directing staff to prepare a Resolution for the next Council meeting to begin the process of
accepting applications for the vacant place 5 Council position to begin the appointment process. The
vote was unanimous with Mayor Pro -Tem Antuna, Councilmembers Fowler and Scagliola voting
yes and no one voting no. (Councilmember Edwards was absent) 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 the Workshop item.
Executive Session
Mayor Carpenter recessed the regular meeting into executive session at 7:05 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
Secretary.
Section 551.087 Texas Government Code — Deliberation regarding Economic Development
Negotiations.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 10:09 p.m.
6. Take any action deemed necessary as a result of the Executive Session.
1 -8 -2013 Minutes
No action taken.
Requests and Announcements
7. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
No further announcements provided.
8. Requests by Mayor and Councilmembers that items be placed on a future City Council agenda.
Mayor Carpenter recognized Councilmember Fowler who inquired about Council taking action
on the appointment of the Mayor Pro -Tem. City Attorney Katherine Tapley stated based on
the Ordinance which was passed this evening it states the "term for the Mayor Pro -Tem
position will begin in February and August of each year (the election dates offset by three (3)
months). Terms will sequentially rotate according to Councihnember place." An item should
be placed on a future agenda for Council discussion and action to appoint the Mayor Pro -Tem.
9. Requests by Mayor and Councilmembers to City Manager and Staff for information.
No information requested.
10. 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 Carpenter recognized Mayor Pro -Tem Antuna who stated he attended the swearing in
ceremony for the 3 8th Sheriff of Bexar County Susan Pamerleau on January 1, 2013.
Mayor Carpenter stated that this was the first meeting of the New Year and wished everyone a
Happy New Year and stated it was an exciting time.
Adjournment
As there was no further business, the meeting was adjourned at 10:1
Mayor, Michael R. Carpenter
1 -8 -2013 Minutes
N
Secretary, Brenda
1 -8 -2013 Minutes