10-27-2015 MinutesMINUTES
REGULAR MEETING
October 27, 2015
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on October
27, 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 Grumpy Azzoz
Councilmember Cedric Edwards
Staff Present:
Executive Director Brian James
Executive Director Bob Cantu
City Secretary Brenda Dennis
Call to Order — City Council Regular Session
Mayor Pro -Tem Fowler
Councilmember Daryl John
Councilmember Robin Thompson
City Manager John Kessel
Executive Director Dudley Wait
City Attorney Daniel Santee
Mayor Carpenter called the meeting to order at 6:01 p.m.
Openiniz Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Mayor Carpenter)
Mayor Carpenter provided the opening prayer followed by the pledges of allegiance to the flags of the
United States and the State of Texas.
Mayor Carpenter recognized the following members who were present from the Schertz- Cibolo-
Universal City ISD:
• Dr. Greg Gibson, SCUCISD Superintendent
• Mr. Mike Wohlfarth — Director of Secondary Education
• Ms. Becky Williams — K -12 Social Studies Coordinator
• Mr. David Knox — Principal of Corbett Junior High
• Mr. Vernon Simmons — Principal of Dobie Junior High
Recognition and Presentation
• Introduction of the Student Mayor's and Student Councilmembers for the Day. (Mayor
Carpenter)
- Student Mayor's — Dobie Jr. High, 8th Grade Delaney Shick and Corbett Jr. High, 8th
Grade Marianna Villanueva
Student Councilmembers — Dobie Jr. High, 7th Grade Nia McPherson and Corbett
Jr. High, 7th Grade Hannah Frost
Mayor Carpenter briefed the Council and audience regarding the program that was put together by
Ms. Brenda Dennis, Schertz City Secretary and Ms. Becky Williams, K -12 Social Studies
Coordinator. Mayor Carpenter expressed his gratitude on the efforts of each lady and the success of
today's program. Mayor Carpenter introduced the students to the audience and each student gave a
briefing on what they had learned today during their session with Mayor Carpenter, Mayor Pro -Tem
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Fowler, Councilmember Thompson, City Manager John Kessel, City Secretary Brenda Dennis and
Corporal A. J. Arriaga. Mayor Carpenter and Mayor Pro -Tem Fowler presented each student with a
certificate of participation in the Student Mayor and Student Councilmembers for the Day Program
and a plaque.
Mayor Carpenter recognized David Van Horn with Boy Scout Troop 51 who was in the audience this
evening working on his Citizenship in the Community merit badge.
Mayor Carpenter called for a brief recess at 6:17 p.m., to allow for photos.
Mayor Carpenter reconvened back into session at 6:21 p.m.
City Events and Announcements
• Announcements of upcoming City Events (B. James/D. Wait/B. Cantu)
Mayor Carpenter recognized Executive Director Brian James who provided the following
announcements:
• Thursday, October 29, Ribbon Cutting -Grand Re- opening Leap Frog Promotions, 4:00
p.m. -8:00 p.m. —19365 FM 2252 -Ste 7, Garden Ridge, TX. 210 - 236 -7270.
• Saturday - Sunday, Oct. 31 -Nov. 1, 2015 Joint Base San Antonio Air Show & Open
House, JBSDA - Randolph, 9 a.m. -6 p.m. No admission charge.
• Saturday, October 31, Halloween Trunk or Treat, Pickrell Park Large Pavilion, 6:00 p.m.
— 8:00 P.M.
• Tuesday, November 10, Free Small Business Workforce Training Workshop, Schertz
Civic Center, 11:30 a.m. -12:30 p.m.
• Friday, November 13, Annual Schertz Chamber of Commerce Membership Appreciation
& Awards Banquet, Schertz, Civic Center, 6:00 p.m. -11:00 p.m.
• Monday, November 16 — Special Called City Council Meeting, canvassing of the
election results and swearing in of the Council Members, 6:00 p.m.
ELECTION INFORMATION
October 19 - 30 - Early Voting ends Friday, October 30'. Locations and early voting
hours vary per location. For more information, please go to www.schertz.com and click on
the election banner. Information is also available regarding the bond and charter
propositions.
Tuesday, November 3 - Election Day voting hours are 7:00 a.m. — 7:00 p.m. based on
your precinct.
Mayor Carpenter recognized Executive Director Dudley Wait who stated that this Thursday
morning at 0700 hours GVEC will shut off power to Buildings 1, 2 and the Community Center.
This is being done to replace two transformers that are located behind the Community Center.
We do have a back -up generator that will provide some power for critical systems and lights to
Building 1 and the Community Center. Building 2 has no option for back -up power and will be
totally without electricity during this work.
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GVEC anticipates this work will take one hour, but have asked for two hours in case they
encounter any difficulty. This work is being done due to a serious maintenance issue with one of
the transformers and if it is not corrected soon could lead to a catastrophic failure resulting in a
much longer down time.
To protect sensitive equipment IT will take down several systems that are housed in Building 1
including Incode and the PD Crash system. If we have some type of failure with the back -up
generator, then everyone except PD, EMS and Fire would also be without phone and internet.
We do not anticipate this occurring, but he wanted everyone to be aware of it.
Personnel assigned to Building one and the Community Center will report to work at 0800.
Personnel assigned to Building two are being asked to not report to work until 0900. We fully
anticipate that everything will be back to normal operations by 0900.
• Announcements and recognitions by City Manager (J. Kessel)
No announcements were provided at this time.
Hearing 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, andlor 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 who spoke:
• Mr. Glen Outlaw, 3729 Forsyth Park, who spoke on transparency.
• Ms. Rosemary Scott, 3576 Old Moss, who provided information she had received on a
recent survey of questions.
• Mr. Richard Elder, 4317 Willow Oak, who spoke on needing full information regarding
the Community Pool.
• Mr. David Richmond, 2491 Bent Tree, who thanked the Public Works Department for the
renovation of the sidewalks and cleaning out the drainage easement in the Greenshire
Subdivision.
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• Mr. Bob Pullin, 1141 Rose Lane, who spoke in favor of the weight limit on Schwab Road.
Mayor Carpenter asked Council if they were amendable to him moving to the third workshop item.
Workshops
• Discussion regarding the Schertz Chamber of Commerce Funding. (J. Kessel) (Item requested
by Mayor Carpenter and Councilmember Azzoz)
Mayor Carpenter recognized Councilmember Azzoz who asked if they could take this item up
at the next meeting. This item was not discussed.
Mayor Carpenter asked Council if they were amendable to him moving to the second workshop item.
• Discussion regarding the Animal Adoption Center. (B. James) (Item requested by
Councilmember Azzoz)
Mayor Carpenter recognized Councilmember Azzoz who stated the facility is about a year and a
half old and he has already noticed stains on the ceiling tiles and also some bad odors. He has
been informed by staff members that these problems have been happening from the beginning. He
himself noticed mold on the walls, water leaks, and a non - working exhaust fan. The facility was
designed to have two fans in there and they were not installed. He asked who is responsible, who
oversaw this building project and why were these issues not corrected? His question is who is
responsible for this from beginning to end? In regard to the money for the fans, he heard it was
put toward the expense of the recently completed Evergreen Solutions Classification and
Compensation Study. He doesn't want us to have a building that is harmful to the staff and the
animals. He is looking for answers. He doesn't want to have this happen to our future project(s).
The taxpayers have spent quite a bit of money on this facility.
Mayor Carpenter recognized Councilmember Fowler who stated he believes they need to hear
from Executive Director Brian James for additional information and now is a good time.
Mayor Carpenter recognized Executive Director Brian James who stated the money that was used
to build the animal adoption center was bond money, which cannot be used on the Evergreen
Solutions study. None of this money was shifted over to the Classification and Compensation
Study. The original goal was to build as much `building' as possible with the money we had. We
eliminated those fans for the time being, but accounted for them (space & connections) so we can
add them as we go forward in the future. We went out and bid the project with D Wilson
Construction Company to build the adoption center (they also built the baseball complex). D
Wilson was the contractor and they are responsible for construction. OCO was the architect and
they are responsible for the design. The problems at the adoption center have been frustrating for
staff, D Wilson, and OCO. Both companies have continued to be involved in correcting the issues
that have come up. The biggest issue is the condensation in the attic area. The companies come
out when called and they are trying to work towards a permanent solution. Another problem has
been the insulation of all the piping and duct work in the attic. Was it not done correctly or was it
a result of the water infiltration or leaks? They are continuing to work through this for answers.
The IT room at the shelter also has been problematic. He gave compliments to staff for notifying
management with all of these issues as they became noticed and therefore getting the two
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companies out here to investigate and address them promptly; the city is not paying extra for this.
He provided additional information about some of the fixes they have done on several different
problems that have come to their attention.
Per Executive Director Dudley Wait, the staff and D Wilson personnel are meeting every other
week. This week they also met with the HBAC engineer and the HBAC subcontractor to ensure
we get this building repaired. In two weeks they will meet with them again. They have a list of
about ten items they are going to do between now and then (repairs on some insulation issues, wet
test the plumbing system, etc.). They are also doing some maintenance things in -house such as
filter changes and documenting that better for them to evaluate. The team of people who built the
building want it to be correct as much as we do and everyone is working together very well.
City Manager John Kessel stated their number one concern is the safety of the staff in that
facility. He was encouraged with the results of the last mold tests; which was the number one
issue. He requests that if any councilmembers want to take a tour, just let him know. If there are
any concerns about the facility please bring those to him to address. We are a team and need to
work together constructively to reach a positive conclusion.
Councilmember Thompson suggested in light of the discussion brought forth by all parties here
that a bi- monthly or quarterly update be presented to council. Mr. James said they could actually
do that for all the projects. Mr. James also confirmed that this was all on warranty and the city
has not been paying for this additional work.
Councilmember Azzoz repeated his request to know who actually oversees this project and the
completion of it. Mr. James said different people did different things. We relied on our
Inspections Department to do all the inspections on the building. The general contractor (GC)
oversaw the construction of it and he subcontracted the work. The general contractor is D Wilson.
Phil Gaudreau is our Owners Representative who helps us define what our needs are for the
building and assists in negotiating the contract. As we go through the design process he serves as
our representative. He prepares the bid documents that go out and helps prepare the contract. He
does the initial review of the payment invoices in terms of what is paid and does updates for staff.
He coordinates with staff the building walk through, final punch list and closing out the contract.
Councilmember Fowler stated it appears that maybe operational areas need to be better defined
for future projects. Executive Director Dudley Wait responded saying that our newer facilities are
more complex and technology advanced. As staff, we are also working on developing something
similar to an owner's manual to help us understand how it operates, what regular maintenance is
needed and what is important for everything to work in sync. This way future staff members will
have information on the critical needs of the facility and how to take care of it.
Further discussion was held explaining the building design, functions of fans, air movement, odor
management and overall temperature quality.
• Discussion and possible action regarding holding, adjusting the start time, or cancelling the
November 3, 2015 City Council meeting. (Mayor /Council)
Mayor Carpenter stated in the past the Council has cancelled the Council meetings on election
night to allow those running for office and those citizens who vote to participate. Mayor
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Carpenter stated that he believed moving forward we should not schedule a meeting on City
election days.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by t
Councilmember Edwards to cancel the November 3, 2015 City Council meeting. The vote
was unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and
Thompson voting yes and no one voting no. Motion Passed.
Mayor Carpenter moved to the consent agenda items.
Consent Allenda Items
The Consent Agenda is considered 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 of the Mayor or a Councilmember.
1. Minutes - Consideration and /or action regarding the approval of the minutes of the Regular
Meeting of October 20, 2015. (J. KesselB. Dennis)
2. Ordinance No. 15 -S -34 — Consideration and/or action approving an Ordinance amending the
Official Zoning Map by rezoning an approximately 1 acre tract of land from Single Family
Residential District — 2 (R -2) to Main Street Mixed Use District (MSMU). Final Reading (B.
James/L. Wood)
The following was read into record:
ORDINANCE NO. 15 -S -34
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE OFFICIAL ZONING MAP BY REZONING AN
APPROXIMATELY 1 ACRE TRACT OF LAND FROM SINGLE FAMILY
RESIDENTIAL DISTRICT -2 (R -2) TO MAIN STREET MIXED USE DISTRICT
(MSMU)•
3. Resolution No. 15 -R -97 — Consideration and /or action approving a Resolution authorizing a
Public Library Interlocal Agreement with Guadalupe County. (B. James/M. Uhlhom)
The following was read into record:
RESOLUTION NO. 15 -R -97
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A PUBLIC LIBRARY INTERLOCAL AGREEMENT
WITH GUADALUPE COUNTY, AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Carpenter recognized Mayor Pro -Tem Fowler who moved, seconded by
Councilmember Thompson to approve the consent agenda items 1 -3. The vote was
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unanimous with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and
Thompson voting for and no one voting no. Motion passed.
Discussion and Action items
4. Ordinance No. 15 -B -38 - Consideration and approval of an Ordinance by the City Council
of the City of Schertz, Texas authorizing the issuance of "City of Schertz, Texas Tax Notes,
Series 2015A ", levying an Annual Ad Valorem Tax, within the limitations prescribed by Law,
for the payment of the obligations; prescribing the form, terms, conditions, and resolving
other matters incident and related to the issuance, sale, and delivery of the obligations;
authorizing the execution of a paying agent/registrar agreement and a purchase and investment
letter; complying with the letter of representations previously executed with the Depository
trust company; authorizing the execution of any necessary engagement agreements with the
city's financial advisors and/or bond counsel; and providing an effective date. First and
Final (J. Kessel/M. McLiney /A. Friedman)
The following was read into record:
ORDINANCE NO. 15 -B -38
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE ISSUANCE OF "CITY OF SCHERTZ, TEXAS TAX NOTES,
SERIES 2015A ", LEVYING AN ANNUAL AD VALOREM TAX, WITHIN THE
LIMITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF THE
OBLIGATIONS; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND
RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE,
SALE, AND DELIVERY OF THE OBLIGATIONS; AUTHORIZING THE
EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A
PURCHASE AND INVESTMENT LETTER; COMPLYING WITH THE LETTER OF
REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY
TRUST COMPANY; AUTHORIZING THE EXECUTION OF ANY NECESSARY
ENGAGEMENT AGREEMENTS WITH THE CITY'S FINANCIAL ADVISORS
AND /OR BOND COUNSEL; AND PROVIDING AN EFFECTIVE DATE
Mayor Carpenter recognized Bond Counsel Representative Mark McLiney who stated in early
October Council authorized them to go out and bid some tax notes for some city apparatus.
They ended up with six bids. They are recommending the city go with First National Bank.
Follow -up pages he distributed earlier are the total bid packet that the purchaser provided.
They are buying $1,020,000. We are going to put $992,192 into the purchase of the
apparatus. Cost of issuance (financial advisor, bond lawyer, Texas Attorney General, etc.) is
itemized and comes to $27,808. Page two shows the actual interest rate the city will be paying
1.546 %. Page three shows the bond debt service payments for years 2016 — 2022. He
recommended going with this qualified low bidder.
Mayor Carpenter stated unless something has changed we have somewhere about $2 million
in investments that comply with state laws and are earning 1.71% on that investment and we
are able to borrow this money at 1.54 %. We are borrowing money and it is costing us less
than if we used our own cash. It is rare to be in this good of a financial situation and save
taxpayer dollars.
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Mr. McLiney stated our good reputation is out there and affects the quantity and quality of the
bidders. Mayor Carpenter, Councilmember Edwards, and Councilmember Thompson praised
the efforts of city staff and prior councils for their diligence in managing city funds /expenses.
Mayor Carpenter recognized Councilmember Azzoz who asked what gets us our ratings.
Mr. McLiney said it is a mathematical formula of which the economy is about 30% (the entire
region), of it. Another factor is management and how they operate (historically) as well as
staff implementation. Third, is the amount of debt (city, school, county). Another factor is
how much cash you have and is it liquid?
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Thompson that the City Council adopts an Ordinance Authorizing the
issuance of "City of Schertz, Texas Tax Notes, Series 2015A ". The vote was unanimous
with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson
voting for and no one voting no. Motion passed.
Ordinance No. 15 -D -35 — Consideration and/or action approving an Ordinance amending the
City Code of Ordinance by revising Section 86 -54, amending the Vehicular Weight Limit on
Schwab Road from FM 482 to 500 feet toward IH 35. First Reading (B. James/K. Woodlee)
The following was read into record:
ORDINANCE NO. 15 -D -35
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
PROVIDING THAT THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ,
TEXAS, BE AMENDED BY REVISING SECTION 86 -54, VEHICULAR WEIGHT
LIMITS ON ROADWAYS MAINTAINED BY THE CITY OF SCHERTZ; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Carpenter recognized Graduate City Engineer Cecilia Palomo who stated a portion of
Schwab Road has a lot of damage due to heavy truck traffic (construction companies). In
addition to that, when they use the intersection they encroach onto the opposing lanes creating
a safety hazard. City staff and TSAC have recommended putting a weight restriction from the
railroad to FM 482; which is approximately 500 feet of roadway. All affected parties have
been spoken to, are on board with the proposed changes and support it.
Ms. Palomo continued answering questions and providing further clarification for council.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro -
Tem Fowler to approve Ordinance No. 15 -D -35 first reading. The vote was unanimous with
Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting
for and no one voting no. Motion passed.
6. Resolution No. 15 -R -94 — Consideration and/or action approving a Resolution authorizing
the purchase of Self - Contained Breathing Apparatus (SCBA) from HEAT Safety Equipment,
LLC. (D. Wait/D. Covington/K. Long)
The following was read into record:
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RESOLUTION NO. 15 -R -94
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING THE PURCHASE OF SELF- CONTAINTED
BREATHING APPARATUS FOR THE SCHERTZ FIRE DEPARTMENT;
AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Assistant Fire Kade Long who stated they were back requesting
supplies. The Fire Department currently operates a fleet of 33 self - contained breathing
apparatus (SCBA) and related breathing equipment. This equipment allows firefighters to
safely enter hazardous environments to effect rescues and mitigate emergency situations. The
current units are in need of replacement due to age, normal wear and tear, as well as, they are
no longer compliant with the most recent National Fire Protection Association (NFPA)
standards. The fiscal impact of the purchase will not exceed $261,867.99. The replacement
project began in budget year 2014 -15 with the intent to purchase 1/3 of the SCBA equipment
per year over a three year span. There was a substantial cost savings in purchasing all of the
equipment at one time. For that reason, the amount budgeted for 2014 -15 was carried forward
and combined with an amount budgeted in 2015 -16. Staff recommends approval.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by
Councilmember Edwards to approve Resolution No. 15 -R -94. The vote was unanimous with
Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting
for and no one voting no. Motion passed.
7. Resolution No. 15 -R -98 — Consideration and/or action approving a Resolution authorizing
the Interlocal Agreement with the Schertz Cibolo Universal City Independent School District
(SCUCISD) for use of the Natatorium. (B. James)
The following was read into record:
RESOLUTION NO. 15 -R -98
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH SCHERTZ -
CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT
(SCUCISD) REGARDING A $1,650,000.00 CONTRIBUTION BY SCUCISD TO
THE CITY FOR THE NATATORIUM PROJECT IN EXCHANGE FOR USE
OF THE FACILITY AT NO COST FOR A FIFTEEN YEAR PERIOD UNDER
THE TERMS OF A FACILITY USE AGREEMENT AND OTHER MATTERS
IN CONNECTION THEREWITH
Mayor Carpenter recognized Executive Director Brian James who stated on September 10,
2013 the City Council approved Resolution 13 -R -66 authorizing an interlocal agreement with
SCUCISD regarding the Natatorium. This allowed the City to proceed with design of the
facility under the assumption that the school district would be utilizing the facility and
providing funds to the City for its use. The resolution noted that final terms on hours of use
and specific improvements that needed to be made to the facility to meet the District's needs
would be forthcoming.
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With approval of the amendment to the construction management contract that provides for a
guaranteed maximum price, staff is able to provide an interlocal agreement that provides for
the hours of use and facility standards and specific improvements to be made to the facility.
For 15 years, the school district will have use of 6 of the 8 lanes of the competition pool and
exclusive use of the locker facilities from 5:30 a.m. to 9:30 a.m., Monday through Friday
beginning on the first day of school through the last day of school for swim team practice.
They will have use of the natatorium, excluding the community pool 3 times per year for
swim meets. The facility will have seating for 300, lockers for 120 people, starting blocks, an
electronic timing system and scoreboard, and meet the minimum facility requirements of the
2014 USA Swimming Rulebook.
With approval of this Resolution, the City can anticipate an additional $1,650,000 for the
natatorium project with funds being paid monthly based on the percentage of project costs
paid by the City. The agreement allows the City to leverage its investment in the project for an
additional $1.65 million from the school district.
Mayor Carpenter clarified for the record that we are simply authorizing an interlocal
agreement with the school district and accepting their money for partnering with this project.
We are not rehashing the merits of the project itself nor discussing whether to do it or not.
Mr. James answered several questions from council.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Thompson to approve Resolution No. 15 -R -98. The vote was unanimous
with Mayor Pro -Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson
voting for and no one voting no. Motion passed.
Resolution No. 15 -R -95 — Consideration and /or action approving a Resolution authorizing a
contract with D &S Concrete Contractors related to the Woodland Oaks Retaining Wall
project. (B. James/K. Woodlee)
The following was read into record:
RESOLUTION NO. 15 -R -95
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A CONSTRUCTION CONTRACT WITH D &S CONCRETE
CONTRACTORS RELATED TO THE WOODLAND OAKS RETAINING WALL
PROJECT AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized City Engineer Kathy Woodlee who stated she was back about
the wall; they got four construction bids ranging from $103,000 to $227,000. They reviewed
all the bids and the qualifications of the contractors and met with D &S Concrete Contractors
who seem ready and prepared to do the work. If council will authorize the contract, staff will
contact them, complete the negotiations and hopefully begin the job in a few weeks.
Mayor Carpenter recognized Councilmember Azzoz who moved, seconded by Mayor Pro-
Tern Fowler to approve Resolution No. 15 -R -95. The vote was unanimous with Mayor Pro-
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Tem Fowler, Councilmembers Azzoz, John, Edwards and Thompson voting for and no
one voting no. Motion passed.
Mayor Carpenter moved to the City Council Code of Ethics and the City Council Rules of Conduct
and Procedure Workshop.
• Discussion and possible action regarding the City Council Code of Ethics and the City
Council Rules of Conduct and Procedure. (Item requested by Mayor Pro -Tem Fowler and
Mayor Carpenter)
Mayor Carpenter began by asking council if they had any questions /comments before
continuing with his powerpoint presentation from last week.
Mayor Carpenter recognized Councilmember Fowler who stated he wanted to discuss the
question `Why have rules and procedures?' He believes there have been some violations. He
looked up the word ethical and what it meant—parties agreeing to do things in a moral way.
He feels we have shifted away from those concepts that we used to work with under Mayor
Baldwin's reign where the council and the mayor would try to be as neutral as possible with
whoever was voting. He referenced a statement on one of the powerpoint slides that promotes
citizen confidence that their government is acting responsibly and in accordance with state
law. He feels that some of the things that have happened lately may have been done legally
but not necessarily ethically. Because of this, he is concerned and feels we need to relook at
exactly how we feel we are doing in order to meet those terms. A statement on the next page
provides a statement focusing on the good of the community and not personal agendas. He
made further reference to council needing to create a framework of operation that seeks to
avoid the introduction of scandal or unnecessary risks to the city or its reputation. Things that
have happened recently have not built a relationship between councilman and councilman or
mayor and councilman. Looking at the rules of conduct of what we do here on the dais, the
whole foundation of what we are talking about, we need to go back and look at what would
violate the ethical part of our relationship with one another. He wants our city (residents) to
always look at us as being above board and that they can trust us. We need to get our act
together in the principles we have established; he thinks we have moved away from these.
Mayor Carpenter responded by going back to powerpoint slides two and three stating the
verbage allows for us to attempt to create an environment of high ethical standards but we
can't force behavior via legislation. We have the rules to set the foundation but can't force
behavior - -it is something we have to do ourselves or the public will do so by removing us as
elected officials from office. However, we have the guidelines in place.
Mayor Carpenter continued with the following highlights from his powerpoint presentation.
Council Rules of Procedure Review
Article 9. Motions and Meeting Procedures
9.4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege,
is a communication from a Councilmember to the presiding officer, drawing urgent
attention to a need for personal accommodation. For example, the point may relate to
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an inability to see or hear, a matter of comfort, a matter of requested convenience, or
an overlooked right of privilege that should have been accorded to the Council
member(s). In essence, it is a call to the presiding officer for the purpose of assuring a
Councilmember's convenient and appropriate participation in the meeting. Because of
its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed to
the attention of and action by the presiding officer, it cannot be debated or amended,
and no vote is required.
9.5 Point of Procedure or Order. A point of procedure, sometimes called a point of order,
is a question addressed to the presiding officer, no seconding is required, and either
inquiring into the manner of conducting business or raising a question about the
propriety of a particular procedure. It is simply an inquiry and is resolved by
correction or clarification by the presiding officer. A point of procedure can interrupt a
speaker. Because it is addressed to the attention of and action by the presiding officer,
a second is not required, and it cannot be debated or amended, and no vote is taken.
9.6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions
of procedure, except that any ruling by the presiding officer's ruling can be appealed to
a vote of the Council. Whenever a Councilmember questions the appropriateness or
essential fairness of the presiding officer, that member can appeal the ruling to a vote
of the meeting. If, however, a motion is out of order as a matter of law (not a proper
subject of the meeting, improper notice given, etc.), the presiding officer's ruling
cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent
frivolous appeals, a second is required. The motion is subject to debate (which should
be brief) and, by its nature, is not amendable. To overrule a procedural decision of the
presiding officer, an affirmative vote of three (3) Councilmembers is required.
9.7 To Recess. A motion to recess requests a brief interruption of the meeting's business,
usually so that an ancillary matter can be addressed, or simply to provide a needed
break. Unless stated in the motion, the period of recess is decided by the presiding
officer. If necessary, a recess can extend the meeting from one day to another, subject
to State law. The motion cannot interrupt a speaker, and a second is required. It is
debatable, it can be amended, and an affirmative vote of three (3) Councilmembers is
required.
9.8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is
essentially a communication to the presiding officer that the maker is withdrawing
his/her proposal. This is the maker's privilege; thus, it does not require a second.
Because the withdrawal motion obviates discussion, it can interrupt a speaker. In
addition, because another Councilmember later can make a similar motion, a
withdrawal motion is not subject to debate, amendment, or vote. The presiding officer
should simply state that the motion is withdrawn, and the meeting should proceed with
a new treatment of the issue at hand—or a new issue.
9.9 To Postpone or Extend. These motions may arise from a need for further information,
a matter of convenience, or for any other reason that will enable the Council to deal
with the issue more effectively during the same meeting or at a later time. Unless
otherwise specifically provided in the motion itself, a postponed or extension motion
can be renewed at a later appropriate time during the meeting or, if properly posted, at
10 -27 -2015 Minutes Page - 12 -
a later meeting. This motion cannot interrupt a speaker. It requires a second, it is
debatable, and it is amendable (particularly as to postponement, timing), and an
affirmative vote of three (3) Councilmembers is required.
9.10 To Refer. A motion to refer is typically used to submit an issue to a committee,
usually for study leading to a subsequent recommendation. Because it ordinarily
disposes the motion for purposes of the current meeting, a motion to refer is subject to
the same rules that apply to a main motion. (See Section 9.14). This motion cannot
interrupt a speaker, and a second is required. It is debatable and amendable, and an
affirmative vote of three (3) Councilmembers is required.
9.11 To Amend. A motion to amend proposes a change in the wording of a motion then
under consideration. When a motion to amend is pending and an amendment to the
amendment is proposed, the presiding officer should focus discussion on the latest
amendment, resolve that question, then proceed to the first amendment before
continuing discussion on the main motion. Votes on amendments are thus in reverse
order of the sequence in which they are proposed. A motion to amend cannot interrupt
a speaker. It requires a second, and it is debatable and amendable. An affirmative vote
of three (3) Councilmembers is required for approval of the amendment. Note that
State law may restrict amendments to proposals that are required to be set forth in the
notice of the meeting.
9.12 To Limit or Close Debate or "Call the Question ". Because the extent to which an issue
is discussed rests primarily with discretion of the presiding officer, it is the presiding
officer who carries the burden of ensuring that adequate time and discussion are given
to differing points of view. A motion to limit or close debate is therefore an overruling
of the presiding officer's determination. A motion to close debate is the same as a
motion to "call the question ". Because this motion affects the most fundamental right
of any Councilmember, the right to speak one's views, it is the only procedural motion
that requires an affirmative vote of two- thirds of participants voting.
9.13 To Count the Vote. A motion to count the vote should be limited to those circumstances
where the convenient hearing of "yeas" and "nays" cannot clearly resolve the issue. It
represents the right of a Councilmember to have a vote demonstrated by count. That
count can be directed by the presiding officer either as a showing of hands or a
standing of voting members while the vote is recorded. Upon completion of the count,
the presiding officer announces the result and final disposition of the issue voted
upon. This motion cannot interrupt a speaker. It requires a second; it is neither
debatable nor amendable; and, because of the importance of the matter, it should be
considered mandatory; thus, no vote is required.
9.14 Motion to Reconsider. Allows a main motion to be brought back before the City
Council for consideration. May be made only at the meeting at which the vote to be
reconsidered was taken. It may be made by any member of City Council. Any City
Council member may second it. It can be made while any other question is pending,
even if another member has the floor. It requires a majority vote to pass. A motion
may only be reconsidered twice. If the reconsideration is moved while another subject
is before the City Council, it cannot interrupt the pending business, but, as soon as the
pending business has been disposed of the motion has the preference over all other
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main motions and general business of the agenda. In such a case the Mayor does not
state the question on the reconsideration until the immediately pending business is
completed.
9.15 Motion to Rescind. The motion to rescind is a main motion without any privilege,
may only be made when there is nothing else before the City Council and must be
made at the same meeting at which the subject matter of the motion was considered
and it requires a two- thirds vote of the City Council members. It cannot be made if a
motion to reconsider has been previously made. The motion to rescind can be applied
to votes on all main motions with the following exceptions: votes cannot be rescinded
after something has been done as a result of that vote that the City Council cannot
undo; or, where a resignation has been acted upon, or one has been appointed to, or
expelled from, a committee or office, and was present or was officially notified. In the
case of expulsion, the only way to reverse the action afterwards is to restore the person
to the committee or office, which requires the same preliminary steps and vote as is
required for the original appointment.
9.16 To Take Action, Main Motions. Main motions state proposed policy or action on a
substantive issue being considered by the Council. As such, the motion is an initial
call to take particular action. Although lowest in precedence among all motions, main
motions are clearly the most important: through their content, the business decisions of
the Council are determined. A main motion can be made only when a prior main
motion has been disposed o£ It cannot interrupt a speaker; a second is required; it is
debatable and amendable; and an affirmative vote of three (3) Councilmembers is
required unless a greater vote is prescribed by the Charter or State law.
Article 10. Enforcement of Decorum
10.1 Warning. All persons other than a recognized speaker shall, at the request of the
presiding officer, be silent. If, after receiving a warning from the presiding officer, a
person persists in disturbing the meeting, the presiding officer may order the person to
leave the meeting. The Chief of Police, or such member or members of the Police
Department or other persons as the presiding officer may designate, shall be sergeant -
at -arms of the Council meetings. If the person so requested does not leave the
meeting, the presiding officer may order the sergeant -at -arms to remove such person.
Enforcement of decorum is a delicate art. On one hand, the spirit of representative
government insists that all points of view be heard and considered, particularly those
of the minority. On the other hand, the integrity of governmental proceedings is
compromised when decorum is not maintained.
All of us have the responsibility to maintain decorum. When any member of council,
staff or the public disturbs the harmony of a meeting of the council, it is the
responsibility of the chair to restore decorum with alacrity with the tools at his or her
disposal.
10.2 Removal. Any designated sergeant -at -arms shall carry out all orders and instructions
given by the presiding officer for the purpose of maintaining order and decorum at the
Council meeting. Upon instruction of the presiding officer, it shall be the duty of the
10 -27 -2015 Minutes Page -14 -
sergeant -at -arms to remove from the meeting any person who intentionally disturbs the
proceedings of the Council (or successor provision of law).
10.3 Resisting Removal. Any person who resists removal by the sergeant -at -awns shall be
charged with violating Section 42.05 (a) of the Texas Penal Code.
Let's work together to ensure this is never repeated. There is no reason that we should
allow things to escalate to a point where the necessity of arresting and charging a
member with a misdemeanor is made manifest.
10.4 Motions to Enforce. Any Council member may move to require the presiding officer
to enforce these Rules and the affirmative vote of a majority of the Councilmembers
present and eligible to vote shall require the presiding officer to do so.
The provision is a very important check and balance against abuse of the rights and
privileges of the chair as well as a remedy to deal with an ineffective chair.
10.5 Adjournment. In the event that any meeting is willfully disturbed by a person or
groups of persons so as to render the orderly conduct of such meeting unfeasible and
when order cannot be restored by the removal of the individuals who are creating the
disturbance, the meeting may be adjourned and the remaining business considered at
the next regular or a special meeting or, subject to State law, may be recessed to a set
time and date.
Article 12. Citizen's Rights
12.1 Addressing the Council. Any person desiring to address the Council by oral
communication shall first secure the permission of the presiding officer.
12.2 Manner of Addressing the Council — Time Limit. Each person addressing the Council
shall speak at the podium into the microphone (or at another designated location), shall
give his/her name and address in an audible tone of voice for the record, and, unless
further time is granted by the Council, shall, subject to Section 12.4 below, limit
his/her remarks to three (3) minutes or less. All remarks shall be addressed to the
Council as a body, and not to any individual member thereof. No person, other than
members of the Council or City staff (when requested by the presiding officer) and the
person having the floor, shall be permitted to enter into any discussion, either directly
or through the members of the Council, unless requested or approved by the presiding
officer. No questions shall be asked the Councihnembers, except through the
presiding officer. Responses to questions may be limited as required by State law.
In the spirit of representative government, every accommodation that is reasonable
should be made to ensure the public is heard. That said, a definitive hierarchy exists
when determining who should have a place ofpriority in addressing the council.
Taxpaying residents should have the highest priority, as they share the greatest share
in the common interests of the community. Our taxpaying businesses should hold a
place second only to the taxpaying 'residents, and other interested parties and guests
should be accommodated after the taxpaying community.
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12.3 Personal and Slanderous Remarks. Any person making personal, impertinent, or
slanderous remarks, or who shall become boisterous, either while addressing the
Council or otherwise while in attendance at a Council meeting, may be requested to
leave the meeting, pursuant to Article 10 of these Rules, and may be removed from the
meeting if necessary for the.conduct of the remainder of the meeting.
The maintenance of decorum is an outward expression of respect for the interests of
the community as a whole. While there is an artful balance that must be maintained
between hearing the public and maintaining decorum, the maintenance of decorum
must always take precedence over an unmanaged hearing of the public.
12.4 Public Hearings. After being recognized by the presiding officer, interested persons,
or their authorized representatives, may address the Council with respect to the subject
matter of a public hearing being conducted. The presiding officer may establish
procedures at a public hearing to limit the amount of time (which, unless modified by
the presiding officer, shall be as set forth in Section 12.2 above) interested persons
may speak, subject to the Councilmembers' right to appeal the presiding officer's
ruling pursuant to Section 9.6. Subject to modification by the presiding officer, and
subject to the Councilmembers' right of appeal pursuant to Section 9.6, the normal
order of a public hearing is as follows: (i) the opening of the hearing and the
establishment, if any, of a modified public hearing procedure by the presiding officer;
(ii) address to the Council by any interested person(s); (iii) discussion by the Mayor
and Councilmembers, including requests for information from City staff or any
person(s) who addressed the Council; and (iv) action by the Council, if any is posted
on the agenda relating to the hearing.
12.5 Written Communications. Interested persons, or their authorized representatives, may
address the Council by written communication in regard to any matter concerning the
City's business or over which the Council has control at any time by direct mail or by
addressing the City Secretary, who shall, on the request of the writer, distribute copies
to the Councilmembers.
12.6 Hearing of Residents. There shall be included on the agenda of each City Council
meeting an item labeled "Hearing of Residents ". After being recognized by the
presiding officer, members of the public (giving precedence to residents of the City)
may address the Council on items on or not on the agenda at that time, providing they
have completed the "Hearing of Residents" form, unless authorized by the presiding
officer. The form shall be made available to persons wishing to address the Council
prior to the calling of the meeting to order and such completed form shall be made
available to the presiding officer prior to the calling of the meeting to order. The
persons signed up for "Hearing of Residents" must speak during the "Hearing of
Residents" portion of the meeting. Councilmembers and members of City staff may
not discuss unposted items nor take any action thereon other than to (1) make a
statement of factual information, (2) make a statement of existing City policy, or (3)
discuss placing the item on a future agenda. Persons speaking shall be subject to the
time limits set forth in Section 12.2, unless otherwise authorized by the presiding
officer.
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It is critical that we adhere to the provisions of the Texas Open Meetings Act during
the hearing of residents. Hearing of residents is not a time for back and forth
discussion and should, ideally, serve as a conduit for increasing council awareness of
issues of interest to the public and provide opportunities for exploration in future
meetings where items can be included on the agenda and legally discussed and
debated.
Mayor Carpenter proceeded to begin the discussion/presentation on `Code of Ethics'.
Code of Ethics Review
Purpose
By adopting these codes, council members commit to:
• transparent and accountable governance;
• honest, fair and respectful dealings with fellow council members, city staff, and the
wider community; and
• Working together to deliver the best outcomes for the long -term interests of the city.
Procedure
1. Council Member and Board, Committee or Commission Member Interactions
City boards, committees and commissions are formed in order to provide independent
recommendations to Council and, in the case of some commissions, to conduct
hearings in order to make determinations, which may or may not be subject to appeal
to the Council.
2. Council Members Serving as Council Liaisons
A Council liaison is a Council member who is specifically assigned to be the liaison
between the City Council and a board, committee or commission. The primary role of
the liaison is that offacilitator of communications between the board, committee or
commission and the Council. A Council member who is appointed to sit as a member
of a board, committee or commission is not a liaison for purposes of this policy.
A Council liaison shall facilitate communications between the board, committee or
commission and the Council. The liaison should not be an advocate for the board,
committee or commission, give direction to a board, committee or commiskion or
influence a decision of a board, committee or commission. The liaison may, however,
assist and provide guidance to a board, committee or commission with their work
plans or agendas.
A Council Liaison Acts as the:
Spokesperson on behalf of the Council when so directed by the Council.
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Contact person, if the board, committee or commission (or an individual board,
committee or commission member) wants such a channel of communication.
Council representative present to identijy procedural and structural issues relating to
the effective functioning of the board, committee or commission for Council.
Council Liaison Participation Expectations;
Attendance is discretionary with the Council member. Attendance as a liaison at a
board, committee or commission meetings is not required.
Liaisons shall have no vote on the board, committee or commission.
Liaison attendance at board, committee or commission retreats is discouraged unless
attendance is requested by the board, committee or commission.
Liaisons do not have a right to be in attendance at board, committee or commission
executive sessions and shall abstain from attending such executive sessions unless
invited to attend by the collective board, committee or commission.
Ethical Conduct Rules
Ethical Conduct Rules for all City Council Members
During City Council meetings, City Council members shall assist in preserving order and
decorum and shall neither by conversation or otherwise delay or interrupt the proceedings
nor refuse to obey the orders of the presiding officer or the rules of the City Council.
During City Council meetings, a City Council member desiring to speak shall address the
chair and, upon recognition by the presiding officer, shall confine discussion to the question
under debate, avoid discussion of personalities and indecorous language, and refrain from
personal attacks and verbal abuse.
During City Council meetings, a City Council member desiring to question the administrative
staff shall address questions to the City Manager, who shall be entitled either to answer the
question(s) or designate a member of City staff. Such designation may occur at any time,
including prior to a City Council meeting. City Council members shall not berate nor
admonish staff members.
During City Council meetings, a City Council member, once recognized, shall not be
interrupted while speaking unless called to order by the presiding officer, to raise a point of
order, procedure or privilege, or unless the speaker chooses to yield to questions from another
member. If a City Council member is called to order while speaking, that member shall cease
speaking immediately until the question of order is determined. If ruled to be in order, the
member shall be permitted to proceed. If ruled to be not in order, the member shall remain
silent or make additional remarks so as to comply with rules of the City Council.
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During City Council meetings, City Council members shall confine their questions to the
particular matters before the assembly, and in debate, shall confine their remarks to the issues
before the City Council.
During City Council meetings, when there is more than one speaker on the same subject, City
Council members will delay their comments until after all speakers on the subject have been
heard.
Council members shall clearly state when he /she has been directed by Council to speak on
behalf of the City Council at the meeting of any board, committee or commission. All other
commentary offered before a board, committee or commission is deemed to be the personal
opinion of the Council member.
Council members shall not speak on behalf of the Council at any place or time unless they
have been so directed by the body of the City Council. Any commentary offered at any time, in
public or otherwise, is deemed to be the personal opinion of the City Council member
speaking.
Council members shall clearly state when he /she has been directed by Council to speak on
behalf of the City Council at the meeting of any board, committee or commission. All other
commentary offered before a board, committee or commission is deemed to be the personal
opinion of the Council member.
Council members shall not speak on behalf of the Council at any place or time unless they
have been so directed by the body of the City Council. Any commentary offered at any time, in
public or otherwise, is deemed to be the personal opinion of the City Council member
speaking.
Council members shall not speak to any board, committee or commission member
on any matter that may come before the Council in a manner designed to influence the
member.
No Council member shall privately lobby any member outside of the meetings in an attempt
to influence his or her individual vote.
Any Council member who has testified on his or her own behalf or as a witness before a
board, committee or commission on any administrative action which then comes to Council is
disqualified from participating as a Council member on the matter only if there is a legal
conflict of interest.
Mayor Carpenter recognized Councilmember Azzoz who asked if this (Code of Ethics) is
something that already has been placed in Councilmembers packets when we are elected or
are we changing it? Mayor Carpenter stated he is just going over what already exists in the
form of an Ordinance. Mayor Carpenter clarified that the only reason it was put on the agenda
for discussion and possible action is that as he goes over these rules, if we see something we
were not aware of and think is problematic we can talk about it here now. He is merely
covering what is currently on the books, so we are only having a review. We are not voting on
it unless someone sees something we feel the need to change or adjust based on the review.
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Councilmember Azzoz referenced back to what Mr. Fowler brought up earlier and he says he
doesn't understand why we don't have the harmony that existed in the past. Mayor Carpenter
responded that, even back in the good old days, there were some intense disagreements too.
Mayor Carpenter proceeded with the rest of his presentation.
Confidentiality of Information Shared in Executive Session.
Council members shall keep all matters discussed in executive session confidential,
Any Council member who shares any part or portion of the discussions, discourse,
presentations or information heard or presented during an executive session shall be deemed
to have violated the Codes.
Individual Members of Council Providing Direction or Instruction to the City Manager or
Staff.
Only the City Council, acting as a body, is permitted to provide direction and
instruction to the City Manager, City Secretary, City Attorney or the City Judge (or Judges)
regarding any matter confronting the City, whether policy- related or otherwise.
No member of Council (specifically including the Mayor, the Mayor Pro -Tem and the
individual Council members) shall, at any time, give individual instruction to, attempt to
define policy for, or make any demand of the City Manager, City Secretary, City Attorney or
the City Judge (or Judges) or any member of staff.
No member of Council shall attempt to influence the City Manager, City Secretary, City
Attorney, City Judge (or Judges) or any member of staff to circumvent City rules, policies or
ordinances.
Any member of Council may, of course, at any time, make requests of the City Manager, City
Secretary, City Attorney or the City Judge (or Judges) or any member of staff for information,
assistance, or other help as may be necessary, so long as no orders, threats, promises,
intimidations, or ultimatums, explicit or implicit, are issued.
The single exception to this rule is that in times of emergency lawfully declared by the Mayor,
the Mayor may act independently as to matters of urgent need until a meeting of the Council,
in quorum, can be called.
Any member of Council giving individual instruction or making a demand of the City
Manager, City Secretary, City Attorney or the City Judge (or Judges) or any member of staff,
with the exception of times of emergency lawfully declared by the Mayor, during which time
the Mayor may act independently until a meeting of the Council, in quorum, can be called,
shall be deemed to have violated the Codes.
Violations
Violation of the Code of Ethics
Council members are expected to abide by the Codes at all times.
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Any Council member not adhering to the Codes shall be in violation of said Codes.
Violations of Provisions of the City Charter
Council members are expected to abide by the articles set forth in the City Charter.
Any Council member who acts in violation of or in a manner inconsistent with the provisions
of the City Charter shall be deemed to have violated the Codes.
Violations of Law or Policy by Council Members
Depending on the circumstances of alleged violations of law or policy, the Council may
initiate an investigation of the allegations prior to the filing of a request for any of the actions
described in this policy.
Nothing in this policy shall preclude individual Council members from making public
statements regarding such alleged conduct.
In deciding whether or not to open an investigation (whether pursuant to these rules or pursuant to
Article IV, Section 4.10 of the City Charter), City Council should consider:
whether a Council investigation may compromise other investigations regarding the
same alleged actions, and, if the actions may result in criminal charges, whether the
right of the accused Council member to a fair jury trial may be compromised by
proceeding with an investigation;
if persons involved in the allegations may choose to exercise their constitutional right
against self - incrimination, which may limit the investigation's ability to present a full
picture of alleged events; and
how to ensure the protection of rights of those accused of violations of law or policy,
those making such accusations, and those who have information regarding the
accusations.
At any point during any of the processes described in this policy, the Council may refer the matter, as
appropriate, to the Bexar, Comal or Guadalupe County District Attorney, the Texas Elections
Commission, or to another law enforcement agency, for investigation. Following such a referral, the
Council may proceed with any actions it chooses to take under the provisions of the City Charter.
Violations
Reporting Violations
Any suspected violation or alleged violation by a Council member must be reported to the Mayor Any
suspected violation or alleged violation by the Mayor shall be reported to the Mayor Pro -Tem and the
City Attorney. In the case of a City staff member making the report regarding a Council member, the
report shall be made to the City Manager, who will then report it to the Mayor. Upon report, the City
Manager and City Attorney will assist the Mayor (or the Mayor Pro -Tem regarding a report concerning
the Mayor) in following the procedures addressing violations or alleged violations.
Enforcement of Violations
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The members of City Council have the obligation to govern themselves responsibly in the
enforcement of any violation of this policy. The objective for establishing rules of enforcement
pertaining to this policy is to provide fair, consistent, concise, and efficient guidelines for the use of
enforcement against violations of this policy. As a general matter, enforcement of this policy may be
progressive, but circumstances may indicate that strong actions be taken immediately. Furthermore,
Council is not bound to the enforcement guidelines of this policy, and should make decisions on a
case -by -case basis. City Council, as a collective body, may change the order of the disciplinary steps
listed below, or may choose not to use any step, depending on the circumstances under review.
City Council members may take any appropriate disciplinary action including, but not limited to:
Cautioning
Cautioning is identified as a verbal reprimand due to a violation of the policy. The cautioning
is only a verbal reprimand and shall not be recorded. A cautioning shall only be administered
in private by the Mayor with only one member of Council present. If the Mayor is receiving
the cautioning, it shall be administered in private by the Mayor Pro -Tem with only one (1)
member of Council present.
Correction
Correction is identified as a verbal reprimand due to multiple policy violations.
The correction of any Council member, including the Mayor, will not be administered in
writing and shall be conducted in accordance with the Open Meetings Act. A quorum of
Council plus one (1), including the corrected Council member, shall be present during the
correction of another Council member. The City Attorney shall be notified of the correction
before the correction is administered and the City Attorney shall be present during the
administration of the correction.
Censure
The act of placing a Council member under censure is an official and public reprimand of a
City Council member by the body of the City Council for multiple and/or serious infractions
against the City Council Code of Ethics. Therefore, City Council Members who are placed
under censure are considered to be `not in good standing' with the body of the Council.
The censure of any Council member, including the Mayor, shall be administered in writing.
Censure may last up to sixty (60) days or as appropriately defined by City Council on a case
by case basis. At the end of the censure period, the censure has expired and shall not be
extended. A Council member placed under censure may return to a good standing status once
their censure period has ended.
The body of the City Council may determine to end the censure period of a Council member
prior to the conclusion of said period at their discretion. All censure hearings shall be
conducted in accordance with the Open Meetings Act. Because censures are administered in
writing, a censure must be publicly voted on in open session of City Council. The censure of
any Council member must be passed by a 2/3 supermajority vote.
Mayor Carpenter thanked council for listening to his presentation; it does set us up with a
foundation upon which we can build, given the concerns that were shared this evening.
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Roll Call Vote Confirmation
Mayor Carpenter recognized City Secretary Brenda Dennis who provided the roll call votes for
agenda items 1 through 8.
Requests and Announcements
9. Announcements by City Manager
• Citizen Kudos
• Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who stated he wanted to remind
council that their next retreat (Teambuilding) will be held on December 4 and will be covering
many issues from a true team building perspective; he encouraged all of council to attend.
10. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Carpenter recognized Councilmember Azzoz who stated he would like the Chamber of
Commerce item to be put back on the next meeting (November 10) for continued dialogue.
11. 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 -Tern Fowler who stated he attended the Tuesday,
October 20, Chamber Monthly Luncheon at the Schertz Civic Center. He enjoyed the speaker
who brought up something that is relevant to what we have been discussing — working as a
team requires individual members trusting in all of the other team members. The impact of
that trust results in more productivity, effectiveness, and speed. He will attend the Chamber
Biz Ed meeting tomorrow morning where that same speaker will be present and provide more
details on this same subject.
Mayor Carpenter recognized Councilmember Azzoz who stated he expects to break a previous
record (5,500 meals) this year serving Thanksgiving meals to those in need. He is looking
forward to this event.
Mayor Carpenter recognized Councilmember Edwards who congratulated Ms. Ria Rivers, a
Schertz resident who recently opened up her first modeling school in San Antonio in a place
called Warehouse Five. He also mentioned he has observed that the City of Cibolo has taken
some steps to refurbish their downtown area and we should take notice of this and focus on
10 -27 -2015 Minutes Page - 23 -
our own Main Street projects. Third, he attended the Tech it Out Mixera tech mixer about
different venture capitalists who are trying to come into the area and maybe do some things
from the technology side. He also attended the Legacy Oaks Retirement Grand Opening.
Mayor Carpenter recognized Councilmember Thompson who stated he also attended the
Legacy Oaks Retirement event and gave kudos to our fire department for making sure the fire
lane was kept clear- -with 400 people present it was necessary. He also attended the Senior
Center Spooktacular Haloween Party which was a lot of fun. He commended the Student
Mayor /Council for the Day participants as well as organizer City Secretary Brenda Dennis; he
hopes this program will continue in the future.
Adi ournment
Mayor Carpenter adjourned the meeting at 8:59 p.m.
Michael R. Carpenter, Mayor
AT -TEST:
Brenda Dennis, City Secretary
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L