01-19-2018 Special Called Meeting MinutesMINUTES
SPECIAL CALLED MEETING
January 19, 2018
A Special Called Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
January 19, 2018, 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 Mark Davis
Councilmember Scott Larson
Councilmember Angelina Kiser
Mayor Pro -Tern Cedric Edwards
Councilmember Ralph Gutierrez
Councilmember David Scagliola
Councilmember Bert Crawford
Staff Present: City Manager John Kessel
Executive Director Brian James Executive Director Dudley Wait
City Attorney Charlie Zech Assistant to the City Manager Sarah Gonzalez
City Secretary Brenda Dennis
Call to Order — City Council Regular Session
Mayor Carpenter called the regular meeting to order at 6:00 p.m.
Opening 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 moved to agenda item 2.
2. Discussion and possible action regarding the City Council Code of Ethics, including
but not limited to the section titled "Ethical Conduct Rules ". (Mayor Carpenter)
Mayor Carpenter referred everyone to Page 4 Section 2 regarding confidentiality of
information shared in executive session. In the Open Meetings Act, there is no reference to
an Executive Session; there is only reference to Closed Sessions. Executive Sessions and
commentary about Executive Session only appears in the Attorney General's guide for
elected officials for the Open Meetings Act.
In part, to be cleaner, he stated he was going to make a motion to change this language and
make it effective immediately this evening, even though it may need to be codified later in
a resolution or ordinance and delete the word executive throughout and make some
changes. Item No. 2, confidentiality of information shared in closed session; he is
proposing to do new language at this time. Councilmembers should keep all matters
discussed in closed session confidential. Any councilmember who- violates state law with
regard to the conduct of closed sessions shall be deemed to have violated the codes. He
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asked if there was a second to his motion. Councilmember Larson seconded the motion.
The vote was unanimous with Mayor Pro -Tem Edwards, Councilmemers Davis,
Gutierrez, Larson, Scagliola, Kiser and Crawford voting for and no one. voting no.
Motion passed.
Hearing of Residents
Mayor Carpenter recognized the following individuals who spoke:
• Mr. Tim Brown, 1109 Drayton, who spoke in support of City Manager John Kessel.
• Mr. Glen Outlaw, 3729 Forsyth Park, who spoke in support of Mr. Kessel and asked
Council to consider minimizing future closed sessions and.vague wording.
• Mrs. Maggie Titterington, 10217 Ivy Horn, who spoke in support of Mr. Kessel and asked
why did we have to call a special session instead of doing this at a regular meeting.
• Mr. Jeff Womack, 2944 Mineral Spring, who requested that information regarding the
cost/expense of holding this special meeting tonight be made available to the citizenry
behind him through an upcoming city council meeting via an itemized list. He also spoke
in favor of Mr. Kessel's work as a city manager and what a great city Schertz is.
• Mr. Brent Bolter, 2633 Clover Brook Lane, who spoke about knowing about circumstances
involving closed doors meetings /secrecy, etc. He wonders if there are political agendas
being played out here and other outside influences. He is concerned. He would like to see
more openness in this local government.
• Mr. Jim King, 3765 Limestone Mesa, who spoke about structure and accountability. He
supports Mr. Kessel. He feels to have this special meeting with essentially no notice and no
information is wrong on Council's part.
• Mr. Robin Thompson, 967 Oak Ridge, who spoke about the short notice of scheduling and
then rescheduling the special called meeting which creates a perception of urgency and
secrecy, backroom politics and rushed judgement. He believes there is nothing to warrant
this meeting. He suspects this meeting is based on the personal bias and subjectivity of a
minority of council rather than objectivity.
• Mr. Mark Roberts, 4300 Spanish Oak, who stated he is a long time resident and business
owner. He spoke in favor of Mr. Kessel and the growth our city has enjoyed under his
leadership. He is a quality individual.
• Mr. Greg Howell, 2525 Pillory Pointe, who stated he actually took the time to research the
accomplishments Mr. Kessel has had during his time with the city and it is very impressive.
He wonders why there was a special session called to review his appointment. He feels
there is a personal agenda being generated by certain members of Council, which is a
shame. He hopes the citizens remember this at the next election.
• Mr. Grumpy Azzoz; 528 Wayward Pass, who stated he is sorry to hear about three
Councilmembers being attacked for calling for this meeting. There is regret from a lot of
people regarding the affordable housing that did not take place because it would have
benefited local taxpayers and businesses. To be actively involved, people need to come
here and listen to the meetings. Sometimes change is good. Council needs to make the right
decision. You are making a decision tonight for 35,000 citizens and the local businesses.
Vote right; you understand. Change is not bad, it could be for the good.
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• Mi. Dana Eldridge, 2628 Gallant Fox Drive, who stated he thinks we are going in a circle
now and things are going faster and faster (i.e. Hurricane Harvey, Tornado in the Dallas
area). He thinks there is either a personal or private agenda that is trying to be forced
causing the city to go in a circle. You have to go forward without personal agendas. The
citizens of Schertz are getting tired of it. We were progressing, but not anymore now.
• Mr. Roy Richard, 3412 Estates Drive, who stated he had the pleasure of knowing the seven
people in the pictures behind Council. What is great about the city is that the right people
have come to the front at the right time. Each one had a vision and built on it and moved
the city forward. They were always motivated, not by personal bias or personal agendas;
simply, what is in the best interest of our city? This Council's legacy will be decided in this
room this evening. Mr. Kessel is the best city manager we've ever had.
Mayor Carpenter moved back to Item 2 of the agenda.
2. Discussion and possible action regarding the City Council Code of Ethics, including
but not limited to the section titled "Ethical Conduct Rules ". (Mayor Carpenter)
Mayor Carpenter revisited the motion he made earlier and the unanimous vote given by
Council. The new rule under ethical code says Councilmembers should keep all matters
discussed in closed session confidential. Any councilmember who violates state law with
regard to the conduct of closed session shall be deemed to have violated the codes. Council
is no longer constrained as to not being able to let go on what goes on in closed session.
So, when we are finished, ask us.
Closed Session
1. City Council will meet in closed session under section 551.074 of the Texas
Government Code, Personnel Matters to deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of the City Manager.
Mayor Carpenter convened into closed session at 6:48 p.m.
Reconvene into Regular Session
Mayor Carpenter reconvened into regular session at 9:48 p.m.
la. Take any action based on discussions held in closed session under Agenda Item 1.
Mayor Carpenter recognized Mayor Pro -Tem Edwards who moved, seconded by
Councilmember Crawford that the Mayor request Mr. Kessel's resignation effective Friday,
January 26, 2018. The vote w -As Mayor Pro-Tent Edwards, Councilmembers Davis,
Kiser and Crawford voting for and Councilmembers Gutierrez, Larson and Scagliola
voting no. Motion passed.
Mayor Carpenter asked if there was any need to continue with the rest of the agenda.
There were no requests from Council to continue.
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Adiournment
As there was no further business, Mayor Carpenter adjourned the meeting at 9:50 p.m.
�O rchaelCarpenter, Mayor
ATTEST:
Brenda Dennis, Cit�-Secretary
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