05-12-2015 MinutesMINUTES
REGULAR MEETING
May 12, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on May
12, 2015, 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 Carpenter
Councilmember Jim Fowler
Councilmember Daryl John
Staff Present:
Chief of Staff Bob Cantu
City Attorney Charles Zech
Call to Order
Mayor Pro -Tem Cedric Edwards
Councilmember Grumpy Azzoz
Councilmember Robin Thompson
City Manager John Kessel
Executive Director Brian James
City Secretary Brenda Dennis
Mayor Carpenter called the meeting to order at 6:00 p.m.
Invocation and Pledges of Allegiance to the Flags of the United States and the State of
Texas (Mayor Carpenter)
As Mayor Pro -Tem Edwards had not arrived, Mayor Carpenter provided 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 (J. BierschwaleB. James)
Mayor Carpenter recognized Executive Director of Development Services Brian James
who provided the following announcements:
• Thursday, May 14, Police Memorial Day Service, 11:00 a.m., in front of the Police
Department.
• Thursday, May 14, Northeast Partnership, 1130 a.m., Olympia Hills Golf and
Conference Center.
• Friday, May 15, Schertz Dog Park Grand Opening and Ribbon Cutting, 3:00 -6:00
p.m., Community Circle.
• Friday, May 15, Food Drive for Bexar, Comal, and Guadalupe County Children and
Families in need. Colleting non - perishable food items. Bring to 1400 Schertz
Parkway, Building #3 (Community Center) Collections begin Friday May 15 through
Tuesday, May 26, 2015.
• Saturday, May 16, 14th Annual Doggie Dash, 8:00 a.m., Pickrell Park, 200 Aero
Drive. Register at www.homesforpets.org, "Superhero Theme ".
05 -12 -2015 Minutes Page - 1 -
Sunday, May 17, Schertz EMS Golf Tournament, Olympia Hills Golf Course,
Register by Wednesday May 6th to Matt Troncoso or Amy Sellers at 210 -619 -1400.
• Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized City Manager John Kessel who stated that he wanted to
thank two (2) Commissions and Committees. Mr. Kessel recognized the City Charter
Commission who is presenting their findings and recommendations to the City Council
this evening and the Bond Committee who will be providing an update to Council this
evening. He stated that having sat through most all the different meetings in the evenings
he can tell the Council that they have some of the finest citizen volunteers that he has
ever seen and has had the privilege of working with. Each committee has done a
spectacular job and he wanted the Council to know how much diligence and work they
have put into it and what a tremendous job they have done. Mr. Kessel expressed his
thanks.
Proclamations.
• National Police Week (Mayor Carpenter)
Mayor Carpenter recognized Police Chief Michael Hansen and others present from the
Police Department. Mayor Carpenter read and presented the proclamation recognizing
National Police Week.
Presentation
• Presentation from the Schertz Police Department regarding the Explorers and Wounded
Warrior Programs. (J. Bierschwale/M. Hansen)
Mayor Carpenter recognized Chief Michael Hansen who stated that with the recent
events in the news there seems to be a decline in those willing to serve as police officers
in the near future. Chief Hansen stated that he wanted to take this opportunity in this very
important week to speak about two (2) initiatives by your Police Department. In fact
these were not done in response to a forecast of doom; these were started months ago and
were done because it was the right thing to do, at the right time, and for the right reasons.
Chief Hansen stated that they have reinstituted the Police Department Explorer Program
to help guide and be a part of our youth that might be interested in Law Enforcement.
We have also partnered with the Office of Warrior Care Policy to do whatever we can in
helping our returning wounded warriors find life back in the civilian workforce.
Chief Hansen stated that Lt. John Correu is here with him today who has taken the lead in
both of these programs and is here tonight to present them to you for your review. He is
very proud that Lt. Correu and the other men and women that have been involved in these
programs as well as the work involved that will be mutually benefitting to us and the
programs.
05 -12 -2015 Minutes Page - 2 -
Mayor Carpenter recognized Lt. John Correu who came forward explaining the Police
Department Explorer program, which is through the Boy Scouts of America. He stated
that this program focuses on Law Enforcement; it is long term for youth ages 14 through
21. This program will provide that once they turn 18 they could be hired as a dispatcher
for the Police department until they reach the age to proceed into the Police Academy.
Lt. Correu stated there are over 34 students who have enrolled and most of them have
come from the Samuel Clemens Criminal Justice Program. Lt. Correu introduced Officer
Helen Lafitte who is overall responsible for the day to day activities of the Explorers. Lt.
Correu stated that several officers have volunteered their time to come in and teach
different classes to the Explorers to enhance their knowledge of Law Enforcement. Lt.
Correu introduced Explorer Chief Scott Carlson who came forward further providing
information to the Council regarding the program.
Mayor and Council thanked Explorer Chief Carlson, Lt. Correu and Officer Lafitte for an
outstanding program.
Lt. John Correu stated that the next program is education opportunities for the Wounded
Warriors that have returned to civilian life. This program transitions them through a
partnering program with an outside agency to train and place them back in the workforce.
Lt. Correu introduced Sgt. Heather Brooks, U.S. Army, who was the first to complete the
program and has now been hired as a dispatcher with the Schertz Police Department.
Mayor Carpenter thanked Sgt. Brooks for serving.
Finally, Lt. Correu stated that the Jr. Summer Camp is also coming up and they will be
reporting back at a later date.
Mayor Pro -Tem Edwards arrived at 6:30 p.m.
Presentation from the San Antonio Feral Cat Coalition (J. Bierschwale/M. Harris /S.
Roman)
Mayor Carpenter recognized Animal Services Manager Shanna Roman who introduced
Jenny Burgess with the San Antonio Feral Cat Coalition. Ms. Burgess provided a
PowerPoint presentation covering community cat concerns, and the options are: do
nothing, catch and kill, or trap — neuter — return program (TNR), which is effective. Ms.
Burgess also provided information on the benefits of trap- neuter -return stating it is cost
effective, lowers euthanasia rates, eliminates breeding and associated nuisances, gradual
reduction of outdoor population and it is humane and healthy. Ms. Burgess stated that
local and N. American Communities have endorsed the TNR Program. Future planning
would require the City adopt an ordinance, provide limited funding and educate the
community on the responsibilities.
05 -12 -2015 Minutes Page - 3 -
Mayor and Council thanked Ms. Burgess for her presentation. Mayor Carpenter
recognized Animal Services Manager Shanna Roman who presented a certificate to Mr.
Kessel as the "Feral Cat King" along with a bag of goodies.
• Presentation regarding the Hal Baldwin Scholarship Award Recommendations (B.
Cantu /S. Gonzalez)
Mayor Carpenter recognized Mr. Michael Spain who stated he is a member of the Hal
Baldwin Scholarship Committee along with fellow members Councilmember Cedric
Edwards, Don Taylor, Regina Agee, and Susan Beck. They receive city staff assistance
from Chief of Staff Bob Cantu and Executive Assistant to the City Manager Sarah
Gonzalez. The committee met this evening and this is their seventh year of awarding
scholarships to local students. Over the years they have awarded eight scholarships,
totaling almost $12,000. This year they received more applicants than ever before from
three different schools; Samuel Clemens High School, John Paul the Second, and
Randolph High School.
Council has awarded $4,000 for this year's scholarships. The two recommended
recipients are:
1) Jonathan Mitchell, a senior at Samuel Clemens High School and an Eagle Scout who
wishes to attend Texas A & M College. His interest lies in comprehensive land
planning. The committee recommends a $2,500 award.
2) Roni Fraser, a senior at Samuel Clemens High School and a Girl Scout Gold Award
recipient who plans on attending the University of North Texas. Her interest lies in
FEMA and Emergency Planning and Implementation. The committee recommends a
$1,500 award.
The committee thanks all the applicants who applied this year as well as council for their
continued support of this worthy program. Sarah Gonzalez stated all the applicants were
very impressive but Jonathan and Roni's applications stood out above and beyond. She
will notify them both tomorrow and invite them to the formal presentation here at council
next week.
Mayor Carpenter moved to the "Hearing of Residents" section of the agenda.
Hearing of Residents
Mayor Carpenter recognized the following individuals that spoke against the Asphalt Plant being
built by Ramming 7 /Industrial Asphalt LLC, located approximately 2 miles west of the
Intersection of Old Nacogdoches Road and FM 482, Schertz, Texas:
Mark Friesnhaun, 231 High Creek Road, Garden Ridge
Eric Ponar, Garden Ridge
Susan and Greg Mims, 21895 Old Nacogdoches Road, Garden Ridge
05 -12 -2015 Minutes Page -4 -
• Michelle Deleo, Garden Ridge
• Ed Ford, Garden Ridge
• Dean Weirtz, 4301 Monument Pass,
• Nancy Wofford, 22156 Old Nacogdoches Road
• Ray Fuller, 315 Abby Road, Garden Ridge
• Robert Bitterman, 22031 Old Nacogdoches Road, Garden Ridge
• Jennifer McGovern, 22031 Old Nacogdoches Road, Garden Ridge
Mayor Carpenter stated that this item is not posted for discussion on the agenda this evening
and state laws dictate that we cannot hold discussion or debate on the subject but we can
share statements of fact, which we are allowed to do. He stated that he has one son this year
attending John Paul II High School and next year he will have another son attending as well.
This site is not currently within the City limits of Schertz; however, we can annex that area
tomorrow and because they have made their application to the Texas Commission of
Environmental Quality (TCEQ) they are vested. We cannot stop them from doing what they
are going to do. We have had similar situations with what we considered substandard
residential developments that were going to go in our ETJ on the other side of FM 78
towards Interstate 10 and we made an attempt to annex and squash those developments. We
were sued and lost. That's the unpleasant portion. That said, he will ask for our City
Secretary to put on a future meeting, either next week or the following week, an item on the
agenda for discussion by the Council and it may be the will of the Council to pass a
Resolution in opposition. We had a similar situation with the power lines that run on our side
of IH 35 and TCEQ was also the permitting State agency in that battle and all we were able
to do was pass a Resolution in opposition; which allowed us to get folks to the table enough
to make some changes to attenuate the situation, but ultimately State law is on the side of the
land owners, Texas Local Government Code Article 245. We cannot affect zoning because it
is not inside the City limits. Again, if you will check in with the City Secretary to see when
this will be done and it will probably not be a public hearing. Mr. Kessel stated that we can
have this on the agenda for next week. Mayor Carpenter expressed his appreciation for
everyone coming out this evening.
Mayor Carpenter recognized Schertz Chamber President Maggie Titterington, who provided
information on their recent and upcoming events.
Mayor Carpenter recognized Mr. Walter Turk, 641 Rooster Run, who came forward speaking of
his interest in service on one the City Boards providing a brief background of serving previously
on Council and as City Manager in another state.
Mayor Carpenter moved to the Workshop section of the agenda.
Workshop
• Presentation, discussion and possible action regarding the Charter Review Commission's
submission of Charter amendments to be placed on the November 3, 2015 ballot. (Mark
Davis, Chair Charter Review Commission)
05 -12 -2015 Minutes Page - 5 -
Mayor Carpenter recognized Chair of the Charter Review Commission Mark Davis who
came forward providing a Power Point presentation regarding the following amendments
for submission to be placed on the November 3, 2015 ballot answering questions from
Council:
Proposition 1
• Revisions due to redundancy of other Charter or State Law Powers
• Sec 2.01 General Powers — deletes all of section except the first sentence.
• Sec 202 Intergovernmental relations — deletes entire section
• Sec 3.01 Establishment — deletes last sentence .
• Sec 4.09(e) Meeting and Procedures — Deletes section referring to recording votes
in minutes, number of affirmative vote required (Covered in Sec 4.09 (c) and
Mayor not voting (covered in Sec 4.05)
• Sec 6.07 Tax Assessor — Collector — Deletes entire section
• Sec 7.05 Capital Improvements Program — Deletes this section from Article VII
• Sec 8.02 Board of Adjustment (Deletion) — Deletes entire section
• Article XI Public Utilities — deletes entire article
• Sec 12.03 Liability for Personal Injury or death — deletes entire section
All of these deletions are recommended because the actions or activities are governed and
covered by state law or covered elsewhere in the charter. Deleting these items
streamlines the charter, removing redundant information or guidance.
Proposition 2
• Increase City Council from 5 to 7 members
- Sec 4.01 number, selection and term
- Sec 4.09(c) Meetings & Procedures
The commission is recommending the voters consider increasing the size of the City
Council position from 5 places to 7 places. Approval of this proposition will affect
Sections 4.01 and Sec 4.09(c) of the charter.
The proposition also deletes the wording regarding which places are elected when. This
Proposition is linked to Proposition 3 which deals with the term lengths of elected
officials and must be considered separately. As a result, the November election can
yield 4 potential outcomes.
L No change to council size AND no change to term length
2. No change to council size AND an increase in their term from 2 to 3 years
3. An increase from 5 to 7 places AND no change to term length
4. An increase from 5 to 7 places AND an increase in their term from 2 to 3 years
If the result is scenario 1, no change to the current election patter or process is required.
The commission approved three individual transition plans to employ, should any of the
other three scenarios be approved by the voters.
Proposition 3
05 -12 -2015 Minutes Page - 6 -
• Increase elected official terms from 2 to 3 years in length
- Sec 4.01 number, selection and term
- Sec 4.06(c) filling vacancies
- Sec 9.03 Determination of Election Results
The commission recommends a proposition that would increase the term length for the
Mayor and each Council place from a two (2) year term to a three. (3) year term.
- Approval would affect the following sections;
Sec 4.01
Sec 4.06(c)
Sec 9.03
Note: In the event three year terms pass, it would require run -off elections between the
top two candidates in the event that no one candidate receives a simple majority of the
vote cast.
Proposition 4
• Provide for Revised Prohibitions, forfeitures of Office and Hearing Process
- Sec 4.06 (a) vacancies and (b) forfeitures
- Sec 4.07 Prohibitions
- Sec 4.11 Council investigations; hearings; process
- Sec 12.02 Prohibitions
- Sec 12.10 Penalties (addition)
This proposition would revise the charter as follows:
Sec 4.06(a) — Provide clearer language with regards to reasons that would result in a
vacancy to a Councilperson or Mayors seat.
Sec 4.06(b) — Provide clarification on reasons to forfeit an office
Sec 4.07 — Clarifies the existing prohibitions in this section and adds sub paragraph (e),
specific wording in for "Conflict of Interest" and sub paragraph (f), "Attorney Client
Privilege"
Sec 4.11 — Adds a Sec 4.11 which will provide for a process for council investigations,
hearings and processes
Sec 12.02 — Deletes the existing Sec 12.02, Activities Prohibited (The prohibitions are
covered under federal law, state law, or city personnel policies)
Sec 12.10 —Adds penalty criteria and sets amounts for violations of the city charter
Proposition 5
• Financial Procedures
- Revisions to multiple sections in Article VII
Substantially revises Article VII, Financial Procedures.
Deletes Sec 7.03 — Budget Message (Not required)
Deletes Sec 7.04 - Budget Contents (Covered in State Law and city financial plan)
05 -12 -2015 Minutes Page - 7 -
Revises Sec 7.06 — Action on Budget (Deletes redundant procedures covered under state
law)
Deletes Sec 7.07 - Amendments after adoption (Covered under state law)
Deletes Sec 7.08 — Purchase Procedures (Covered under city policies)
Deletes Sec 7.10 — Director of Finance duties (Covered under personnel policies)
Proposition 6
• Elections Conducted Pursuant to State Law
- Sec 4.02 Qualifications
- Sec 9.01 City Elections
- Sec 9.02 Candidates
Revises Sec 4.02 — Qualifications; adds clarification on age cut off for eligibility for
office; clarifies that individual must be a registered voter in the City of Schertz; increases
residency requirement from 6 month to twelve months and deletes portion that refers to
being an "obligor" to the City.
Revises Sec 9.01 — City Elections; Deletes existing paragraphs (a) through (d) and adds
new paragraphs (a) through (c)
Delete (a) Regular Elections — Redundant information covered in state law or other
sections of the charter
Delete (b) Qualifies Voters - Redundant information covered in other sections of the
charter
Delete (c) Conduct of Elections — Covered under State Law
Delete (d) Time of Elections — Covered under State Law
Add new (a) — Links elections process to state law
Add new (b) — Directs Council to fix place for holding elections
Add new (c) — Provide for ordering "special elections"
Revises Sec 9.02 — Identifies process for candidates to run for office; links candidates to
qualifications identified in Sec 4.02.
Proposition 7
• Initiative Referendum Recall
- Sec 10.03 Initiative and Referendum Petition Signatures
- Sec 10.03 Recall Petition Signatures
05 -12 -2015 Minutes Page - 8 -
Revises the signature requirements for citizen requested Initiatives, referendums and
recall of City Officials
Changes the numbers from 50% of qualified voters in last Mayoral election to the
following;
Initiatives & Referendums —15% of registered voters at last general City election
Recall of City Officials — 20% of registered voters at last general City election
Provides for a more consistent process & number of signatures; based on registered city
voters, not on how many voters voted, which can vary significantly from year to year.
Proposition 8
• Dis- annexation Procedures
- Sec 1.02 (c) Providing for Dis - annexation procedures
Adds specific process to follow in the event of a request for dis- annexation from the City.
Proposition 9
• Signature of Documents
- Sec 4..05 Clarifying requirements for official signature on documents.
Directs that the Mayor serves as the official "signatory" unless otherwise designated by
the City Council.
Proposition 10
• Appointment of Assistant City Managers
- Sec 5.01 (clarifies the process for Assistant City Managers, changes from an
appointment process to a normal hiring process, overseen by the City
Manager.
Proposition 11
• City Manager Designee at Council Meetings
- Sec 5.03 (c) Deletes the requirement that the City Manager "shall attend" all
council meetings and allows the option for the City Manager to designate an
individual to attend in their place.
Proposition 12
• Personnel Policies
- Sec 6.02 Operational and Personnel Policies — Revises Sec 6.02 change
"Personnel Rules" to "Operational and Personnel Policies" and provides for
clarification and revised approval process.
- Requires the City Manager to develop operational rules and personnel policies
for the effective operation of the city as a function of his duties. Operational
rules and Personnel Policies would be develop IAW Federal and State Law.
The new wording would require the City Manager to present policies and
rules that affect the city budget, discipline of employees or adverse actions
05 -12 -2015 Minutes Page,- 9 -
regarding employees to the city council for approval for review and adoption
prior to implementation.
Proposition 13
• Deputy City Secretary
- Sec 6.06 — Adds Sec 6.06(b) City Secretary — Clarifies the process ' for
"Deputy City Secretaries" — Changes from an "appointment" process to a
normal hiring process, overseen by the City Secretary — oversite of positions
would remain with the Council through the budget approval process. The
City Secretary would remain as an appointee of the Council, reporting
administratively to the City Manager. Upon approval by the City Council of
the position(s), the City Secretary may hire a deputy or deputies. The Deputy
or Deputies shall report directly to the City Secretary.
Proposition 14
• Planning & Zoning Commission
- Sec 8.01 — Recommend deletion of Sec 8.01 Planning and Zoning
Commission — basic criteria is provided for IAW state law.
Proposition 15
• Ordinances Passed by Petition
- Sec 10.09 — Adds Sec 10.09 — Provides specific guidance to follow in the
event of an Ordinance passed by petition or adopted under a popular vote by
the Citizens. This section would prevent the City Council from revising or
rescinding these types of ordinances for at least three (3) years from date of
approval and after three years, would require a two- thirds (2/3s) majority of
the Council to enact a change.
Proposition 16
• Personal Financial Interest
Sec 12.01 — Deletes existing language and replaces it with language that ties
"Personal Financial Interest" to Texas Local Government Code, Chapter 171.
Proposition 17
• Size of Charter Review Commission
- Sec 12.05 - Revises the size of future City Charter Review Commissions from
5 to "no less than 5 and no more than 11 citizens ".
Proposition 18
• Term of Charter Review Commission
- Sec 12.05 — Clarifies the "term" of the Charter Review Commission from
"180 days after appointment" to . "180 days from the date of the first meeting,
said first meeting to occur within forty -five (45) days of the date of
appointment ".
Proposition 19
05 -12 -2015 Minutes Page -10 -
• Disaster Clause
- Sec 12.09 — Provides for a process to reconstitute a City Council in the event
of a common disaster that prevents the assembly of a quorum due to multiple
deaths or injuries to the elected Council.
Mayor Carpenter recognized Councilmember Fowler who asked Mr. Davis about
Proposition 13. Mr. Davis stated that the position of the Deputy City Secretary would
now be hired like the Deputy City Manager. The Deputy City Secretary would be hired
by the City Secretary upon approval of the City Council and would report directly to the
City Secretary, but the City Secretary would still be hired by the Council and report
administratively to the City Manager but may be removed from office only by the City
Council.
Mayor Carpenter recognized Councilmember Thompson who stated that he had one
question and one comment. His question is regarding education of voters on the 19
propositions; will you have any suggestions or thoughts that will be included on how this
is to be transmitted to the voters for understanding? Mr. Davis stated that he has personal
thoughts and that he does not believe that this is under the purview of the Charter Review
Commission tasking's. He believes that this would be up to City Council and City
Management how best to prepare the city for these items that will appear on the ballot.
Personally, he believes that it would not be a bad idea to schedule some open public
meetings like they had done with the budget but in attending those meetings he has
noticed that the attendance is very small. He suggested leveraging the efforts by utilizing
the Schertz Magazine to start preparing articles on the propositions as a series and not
overwhelm them with all 19 items but start out monthly relating the information on a few
propositions as well as also placing the information on the City website. Three or four
small articles breaking the propositions out would be a way of breaking them out in a
more digestible format.
Councilmember Thompson extended his appreciation to the work the Charter Review
Commission has done over the last several months. He was the member that was replaced
and he was there just long enough to know that you had the option of doing the hard work
or passing this on to a future group. He appreciates the time and investment and hard
work they took now not to pass this on to a future group.
Mayor Carpenter recognized Mayor Pro -Tern Edwards who also thanked the Commission
for the work they did. His question was regarding any mentioning of or placing on the
Charter for a Youth Council. Mr. Davis stated that no the Commission did not discuss
this and the subject did not come up. Again, he stated they looked at the existing Charter
looking at things that were missing and looking at the redundant items. Mr. Davis stated
that he would venture to say that something like a Youth Council would be something
that the City could certainly look into and take on that would not require it being in the
City Charter.
05 -12 -2015 Minutes Page - 11 -
Mayor Carpenter recognized Councilmember Azzoz who thanked the Commission and
he stated that he had a question but directed it to City Attorney Charles Zech. His
question was why is the City not in violation of Section 4.07 (a) regarding making an
appointment of Councilmember Thompson because it is in the Charter Review and he has
this question and has received several phone calls. If we are doing this Charter Review
why are we not in violation of Section 4.07 (a)?
Mr. Zech stated that he does not have the Charter for Section 4.07 memorized and this is
the first time he has been asked or even been approached of a potential violation. The
Charter Commission has been together for 10 months. He stated that he could take a look
at this and report back at a later time.
Mayor Carpenter interjected stating that this particular item has been posted as a
presentation discussion and possible action regarding the Charter Review Commission's
submission of Charter amendments. Whether or not we are conducting business that is
consistent or not consistent with the current Charter is not something we have posted here
or anywhere else on this agenda. However, Councilmember Azzoz, you had asked that
we have a discussion on that item and we will be happy to have that on the agenda for
next week. The request is to have an item on the next agenda to discuss Section 4.07 next
week; Councilmember Azzoz concurred.
Mayor Carpenter recognized Chair Mark Davis who stated that there is no action to be
taken this evening and City Attorney Zech concurred. Mr. Davis stated that he will be
finalizing their report and it will be sent to the City Secretary for dissemination to the
Council.
Mayor Carpenter congratulated the Commission on the excellent work they have done,
particularly with what we would do if there was a disaster. There was no previous
provision for rebuilding government should a disaster occur.
• Presentation, discussion regarding proposed Bond Initiatives by the Bond Committee.
(Michael Dahle, Chair Bond Committee)
Mayor Carpenter recognized Bond Committee Chair Michael Dahle who came forward
providing a Power Point presentation regarding possible bond ball considerations for the
November 3, 2015 ballot. Items included: Bond Committee Members: Michael Dahle
Chair, (Planning & Zoning Commission), Richard Dziewit Vice -Chair (Transportation
Safety Advisory Committee), Fae Simmons Vice -Chair (Parks and Recreation), Tim
Brown (Economic Development Corporation), Frank McElroy (Board of Adjustments),
Howson Lau (Library Board), Barbara Hall (Historical Preservation Commission) Ed
Finley (SCUCISD Board), Maggie Titterington (Schertz Chamber President).
Information was provided on meetings and dates, initial considerations, revised
considerations to include a $8.0 Million Public Safety Facility, $7.0 Million FM
1103/FM 1518, $1.0 Million Acquisition of Future Park and Recreation Area(s) for a
total of $16.0 Million bonds. Information was provided in extensive discussions about
merits of projects, needs for today and tomorrow, bonding capacity, best utilization of
05 -12 -2015 Minutes Page - 12 -
available funding, and what we think that the voters will support. The Committee
recognized that local streets and intersection repairs are needed, which they currently are
unable to objectively and fairly prioritize these projects. He stated that the City is
deploying a MicroPaver, a program that will objectively analyze and prioritize repairs
and upgrades for our streets. This will take about a year to be fully implemented. and this
needs to be addressed at that time.
Mr. Dahle stated the Committee is currently developing a community survey to be
distributed throughout the community. Community input meetings are scheduled for
May 20, 2015 at Corbett Jr. High, May 21, 2015 at Sippel Elementary and May 28, 2015
at Schertz United Methodist Church at 6:30 p.m.
Mr. Dahle stated that the Bond Committee has also established a website for ongoing
discussion for those that cannot attend the community meetings and it is a discussion
format. The website is www.schertzchatz.com. The survey and the presentations will
also be available on this website.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who thanked the committee for
the work they have done. Mayor Pro-Tem. Edwards asked if the Committee had
considered hosting a meeting at our Northcliffe Community Center. Mr. Dahle stated
that they focused on the locations that the City had utilized during their budget meetings
and stated that they wanted to get closer to the extended areas of town both north and
south. The Committee is on a short timeline because they have to be able to come back
to the Council at the June retreat and provide the information from the surveys and make
their final recommendations. Mr. Dahle stated that this information will be posted on the
City's webpage and the Schertz Chamber webpage and that they will be deploying the
electronic signage regarding these meeting times and locations.
Mayor Carpenter recognized Councilmember Fowler who expressed concern regarding
the FM 1103/FM 1518 roads and had noticed that the projects that were not completed as
a result of the last bond election were not included as a recommendation. Mr. Dahle
stated that information was looked at from the 2006 Bond Measures and there were about
40 Million dollars of projects that were under consideration; we approved 20 Million and
we built about 16 Million of those projects. Those projects that were identified as being
potential projects on that list and were not approved are still out there. This is one of the
reasons the Committee looked at reducing the dollar allocation to FM 1518 so that we
could reserve more of that capacity for local streets, basically that 4 Million difference,
which is the difference between what we are recommending and what we can do without
raising the debt service tax rate. Again, he stated that we need to fully implement that
program and figure out which streets are the absolute worst and get them addressed first.
We will certainly have another bond election in a few years and if he is involved he will
certainly make local streets a higher priority. With FM 1518 and FM 1103 being major
arterial thoroughfares in our community we felt we had to get this done, especially with
FM 1103 and with Cibolo already having the funds to complete their section, the City of
Schertz needed to get our section completed.
05 -12 -2015 Minutes Page -13 -
Mayor Carpenter recognized Councilmember Azzoz who also thanked the Committee for
the work they have done. Councilmember Azzoz expressed concern on the need of
educating the citizens regarding the proposed bond measures and how we are going to get
the citizens to look at this constructively. Councilmember Azzoz stated that he is for
these measures and agrees that we need to move forward. Councilmember Azzoz also
stated that we need to communicate information which is on the tax bills that our citizens
are receiving. We need to let them know that the City's portion is only a small portion of
that tax bill and only a small portion that the City is receiving.
Mr. Dahle stated that the slide shows that have been developed by the committee for the
community input meetings have as part of that presentation the Fire/EMS Station that is
going to be targeted to be online by 2018 for the FM 1103 project. Design will begin in
2016 with a target of construction to begin in 2017. Regarding FM 1518, right now we do
not have a time sequence because staff is still discussing with TxDOT whether or not
they will participate; if not, what parts of FM 1518 are we going to address.
Councilmember Azzoz stated that when he has spoken to citizens that are in favor of the
bond proposals because FM 1518 is a big concern to them. Again he stated he is 100% in
favor of these projects.
Mayor Carpenter recognized Councilmember Thompson who stated that one way we can
help as Council to educate the citizens is that Mr. Kessel recently did an excellent
explanation that it takes five (5) to six (6) years when Federal money is involved. We as
Councilmembers, when we hear these comments coming to them, we have the
responsibility of sharing that information with our citizens so that they are not caught off
guard. They know that in regard to FM 151, if money is approved, that money is not
going to be realized for another five or six years.
Mayor Carpenter provided his gratitude and thanks to the Committee for the excellent
work they have done.
• Discussion and update regarding the Classification and Compensation Study. (B. Cantu/J.
Walters)
Mayor Carpenter recognized Chief of Staff, Bob Cantu who introduced Budget/Finance
Analyst James Walters as the newly assigned staff member monitoring this project.
Evergreen Solutions was hired to do this study for us and they did an initial onsite visit
on March 9 and 10, 2015, at which time they interviewed employees and held focus
groups to get information on our employee concerns and other input. They summarized
these findings and made this available to our employees. They also held orientations with
the employees to go over the Job Assessment Tool (JAT) the employees had to fill out.
On March 16, the JAT's were sent out to the employees. This gave the employee an
opportunity to tell Evergreen everything about their job, from pay to job duties. These
were not influenced by supervisors but were a direct submission to Evergreen from the
employee(s).
05 -12 -2015 Minutes Page - 14 -
He stated we had a 93% completion rate on this activity. The other 7% were part time or
recent hires. Next, the supervisors were able to look at the employee's submissions and
could add or disagree with information but could not change the original submission by
the employee. The City and Evergreen worked together to select the benchmarks and
targets of the survey; these were finalized on April 17. The two main factors were
proximity to the City of Schertz and ideal size or the size we will be at build -out. On
April 24, the benchmark positions were fmalized. They will not survey all 170 positions
but will select about 50 -70 positions representative of every department and service
grade, both in operations and in administrative duties. During April, Evergreen looked at
the city's current compensation structure and pay system. On April 27 they submitted a
report for employees to review.
This report will be used in comparison with other surveyed organizations. They looked at
step placement among all the grades versus time the employee was in that grade but
found no real errors or cause for concern. On market surveys, on May 8 the survey was
submitted to the city for approval and then on May 11 they began contacting the target
cities; the surveys will go out by the end of the week. Another item we are working on is
the compensation philosophy, which will be developed by city management in
coordination with Evergreen Solutions and ultimately approved by city council. It will
guide our compensation decisions moving forward. It is meant to be more general
statements on how we want to compensate our employees versus marketing
competitiveness, salary versus benefits, our current pay plan and what the city rewards. A
final recommendation will be brought to council for approval some time during June. By
the end of May we should have the final scoring of the JAT's and the resulting
classification changes. In June, Evergreen will be coming back to give a preview report
to the employees regarding the recommended changes and answer questions. In July we
will be bringing forward a final recommendation to council.
Mayor Carpenter recognized Councilmember Fowler who expressed concerns about
fairness in that every employee's position was considered either solely or in a group of
similar positions. Mr. Walters stated every employee's JAT contributed to identifying
where their classification will fall in the new pay structure. He further stated that
Evergreen will make a recommendation for every employee based on the JAT that they
filled out. The final recommendation will come to council in July.
Consent Agenda Items
1. Minutes - Consideration and/or action regarding the approval of the minutes of the
Regular Meeting of May 5, 2015. (J. Kessel/D. Schmoekel)
2. Ordinance No. 15 -M -15 — Consideration and/or action approving an Ordinance ordering
and declaring the 2006, 2008, and 2012 Charter Amendments Adopted. Final Reading
(C. Zech/B. Dennis)
The following was read into record:
05 -12 -2015 Minutes Page - 15 -
ORDINANCE 15 -M -15
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ORDERING AND
DECLARING THE 2006, 2008,. AND 2012 CHARTER AMENDMENTS
ADOPTED.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember John to approve the consent agenda items 1 and 2. The vote was
unanimous with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John
and Thompson voting for and no one voting no. Motion Passed.
Discussion and Action Items
3. Resolution No. 15 -R -36— Consideration and /or action approving a Resolution
authorizing the Preconstruction Phase Services of the Construction Manager at Risk
Agreement for the New Indoor Aquatic Facility and Associated Support Systems. (J.
Kessel/P. Gaudreau)
The following was read into record:
RESOLUTION NO. 15 -R -36
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE PRECONSTRUCTION PHASE SERVICES OF
THE CONSTRUCTION MANAGER AT RISK AGREEMENT FOR THE NEW
INDOOR AQUATIC FACILITY AND ASSOCIATED SUPPORT SYSTEMS AND
OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Owners Representative Phil Gaudreau who introduced this
item stating an Agreement with Marmon Mok Architects for the design of the Aquatic
Facility was approved by City Council on July 8, 2014. Work on the Schematic Design
portion of the facility has been completed. The project is now at the stage that the
expected cost of the proposed project needs to be determined by a qualified Construction
Manager before the project design can proceed.
On October 23, 2014 a Request for Qualifications (RFQ) using the two step selection
process under Section 2269 et seq. of the Texas Government Code (The 'Code) for a
Construction Manager at Risk (CM @R) was issued by the City. Six responses to this
RFQ were received on November 19, 2014. These responses were evaluated by a
selection committee comprised of City employees and members of the Architect's staff.
The responding firms were evaluated by the committee and ranked solely on the basis of
their qualifications in the first step as required by The Code. The three top ranked firms
were then asked to respond to the second step in the selection process which is a Request
for Proposals (RFP) outlining their project cost and fees based on the published budget of
Eight Million ($8,000,000.00) dollars and to be interviewed by the selection committee
on January 7, 2015.
05 -12 -2015 Minutes Page - 16 -
At the conclusion of this process the committee recommended the award of the
Preconstruction Phase Services of the Construction Manager at Risk Agreement to
Turner Construction Company.
Contract negotiations were initiated with Turner Construction Company over the next
several weeks and the City was unable to reach an agreement. In accordance with Section
2269 et seq. of the Texas Government Code and on advice of legal counsel the City
ceased negotiations and informed Turner Construction Company in writing on April 15,
2015 of the decision.
In accordance with Section 2269 et seq. of the Texas Government Code the second
ranked respondent was contacted and contract negotiations were begun with Thomas S
Byrne, Ltd on April 28, 2015 and concluded on May 5, 2015. Funds for this Contract will
be from the 2010 Bond funds for the Aquatic Facility.
Staff recommends approval authorizing the Preconstruction Phase Services of the
Construction Manager at Risk Agreement for the New Indoor Aquatic Facility and
Associated Support Systems to Thomas. S. Byrne, Ltd.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember John to approve Resolution No. 15 -R -36. The vote was unanimous
with Mayor Pro -Tem Edwards, Councilmembers Fowler, Azzoz, John and
Thompson voting for and no one voting no. Motion Passed.
Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda
items 1 through 3.
Executive Session
4. City Council will meet in closed session under section 551.074 Evaluations of the
Municipal Judges and Prosecutor.
Council did not meet in executive session.
Requests and Announcements
5. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who stated they have discussed
holding a council retreat for the last Friday in June (the 26t`) and members will be getting
an invitation. If anyone has a conflict with that time, let him know as soon as possible.
05 -12 -2015 Minutes Page - 17 -
They are trying to schedule this to mirror some of these studies currently in process and
that information will not be available at an earlier time.
6. Requests by Mayor and Councilmembers that items be placed on a future City
Council agenda.
Mayor Carpenter recognized Councilmember Fowler who asked that council review (as
maybe a workshop item) the number of people (staff) who have moved from our city to
another city and see what has happened over the last three years (i.e., the number of
employees who have retired, taken other jobs, or been terminated). He would like us to
review the study we did on job satisfaction and make sure we see all the comments from
the employees just to make sure we know where we are at with our people.
For clarification, Mayor Carpenter asked for confirmation that he was asking for a review
of the employee satisfaction and engagement survey, the turnover rate and attrition rates
of the city for the last three years - and how we compare with other cities in general or
our size or geographically in our area.
City Manager John Kessel said they can provide information on the attrition rate for the
City of Schertz, schedule the presentation they have been working on for the employee
engagement survey and they can run the numbers on the other information. However, the
request for information in comparison with other cities in our geographical area will be a
larger undertaking and that data is not readily available. He suggested they could discuss
that further so that staff clearly understands the request before they retrieve and present
that information. Mr. Fowler stated he was looking to see if we were within the average
norm when compared to other municipalities.
7. 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
• Upcoming City Council agenda items
Mayor Carpenter recognized Mayor Pro -Tem Edwards who thanked General Manager
Alan Cockrell and his staff for giving them a great tour at the new Schertz- Seguin Local
Government Corporation (SSLGC) facility on Thursday, May 7, 2015. Then this
afternoon, at 3:30 p.m. he also went to the Silvertree Nursing Home Facility for `Nursing
Home Week' where they had an opportunity to don their `red hats'.
He also wanted to give a big, big shout -out to his son Cain who has decided to go to the
United States Military Academy at West Point to play basketball there and be with his
brother. Additionally, last evening he was recognized at Samuel Clemens High School as
05 -12 -2015 Minutes Page - 18 -
the most outstanding senior boy this year. On May 22 he will be playing in the State All -
Star game at Trinity University with all the other state competitors.
Mayor Carpenter recognized Councilmember Fowler who stated he also attended the
SSLGC tour Thursday, May 7, 2015, which was very impressive. It is a great operation
and we can be proud of it. Today, he also attended the AMM Collision Ribbon Cutting
who expanded their operations after being in the city only two years. Additionally, he
attended the Silvertree Nursing Home Facility for the reading of the `Nursing Home
Week' proclamation. Next Monday at 9:00 a.m. in the council chambers conference room
he will be hosting their next `Love Where You Live' meeting. They will discuss the
publicity approach to getting the other churches in the area involved with the city and
determine some guidelines to follow.
Mayor Carpenter recognized Councilmember Thompson who thanked Events
Coordinator Mary Spence and the rest of her city staff for doing a great job with the
Sweetheart Court. He said the event represented our city very well.
Mayor Carpenter spent the day Friday, May 8, 2015 at a leadership conference called
`Leadercast' which had a number of speakers on the program. He would like to have
more folks participate in that next year. It was extraordinary and might be worth our time
as a management tool for our Department Heads.
Adiournment
As there was no further business the meeting was adj ourned at 9:41, p.m.
Mich el R. Carpenter, Mayor
FATTEST:
" ', "
Rrend ennis, City Secre ary
05 -12 -2015 Minutes Page - 19 -