02-06-2018 MinutesMINUTES
REGULAR MEETING
February 6, 2018
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on
February 6, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400
Schertz Parkway, Building 44, Schertz, Texas. The following members present to -wit:
Mayor Michael Carpenter
Councilmember Mark Davis
Councilmember Scott Larson
Councilmember Angelina Kiser
Staff Present:
Executive Director Dudley Wait
City Attorney Charles Zech
Mayor Pro -Tem David Scagliola
Councilmember Ralph Gutierrez
Councilmember Cedric Edwards
Councilmember Bert Crawford
Acting City Manager Brian James
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 6:01 p.m.
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of
Texas. ( Councilmember Crawford)
A. Mayor Pro -Tem Oath of Office — Oath of Office administered to Councilmember
David Scagliola. (Mayor Carpenter to administer oath)
Mayor Carpenter administered the Mayor- Pro -Tem Oath of Office to Councilmember
David Scagliola for a term of one year ending February 1, 2019. The Mayor congratulated
Mayor Pro -Tem Scagliola. Mayor Pro -Tem Scagliola spoke a few words regarding being a
Mayor Pro -Tem, the duties, and his past personal experiences performing in this role.
Employee Recognition:
® Public Works — Street Worker 1 — Trevor Garcia
Mayor Carpenter recognized Public Works Manager Doug Letbetter who introduced Mr.
Garcia and provided a brief bio of his background. Mayor and Council welcomed him
aboard the Schertz staff. Mr. Garcia thanked the Council for the opportunity to be here.
Proclamation
• Proclamation recognizing the Official Rodeo Season. (M. Carpenter/B. Hall/C. Gidden)
Mayor Carpenter read the proclamation for Rodeo Season and presented it to Ms. Barbara
Hall and her colleagues. Ms. Hall spoke a few words on behalf of the - Ambassador
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Committee who has over 6,000 volunteers and staff/executive members. Because of the
volunteers, rodeo patrons, and corporate sponsors, they have been successful in awarding
over $186 million in educational commitment to the youth of Texas over the years. She
invited everyone to take some time and attend the 69b annual San Antonio Stock Show and
Rodeo being held February 8 -25 at the AT &T Freeman Coliseum grounds.
® Planning and Community Development Website - Presentation regarding the Planning and
Community Development website "What's Developing in Schertz ". (B. James/L. Wood/E.
Grobe)
Mayor Carpenter recognized Planner I Emily Grobe and GIS Coordinator Tony McFalls
who introduced a new item on the Schertz website for our residents and other users. It
features an interactive map reflecting new commercial development under construction and
new residential subdivisions. They demonstrated some of the new features and information
available. Mayor and Council thanked them both for a job well done.
City Events and Announcements
® Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez)
Mayor Carpenter recognized Assistant to the City Manager Sarah Gonzalez who provided
the following announcements:
Thursday, February 8th
Chuck Wagon Breakfast 7:30 am - 9:30 am
Frost Schertz Financial Center, 16895 IH 35
Thursday, February 8'
Kerr Country Trail Riders 11:30 am
Pickrell Park
Thursday, February 8th
Northeast Partnership Meeting 11:30 am
Olympia Hills golf Course and Conference Center
Sunday, February 11'
Birding Walk 8:00 am
Crescent Bend Nature Park
Tuesday, February 13th
City Council Meeting 6:00 pm
Council Chambers
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Monday, February 191
City Offices Closed in Observance of President's Day
Tuesday, February 2011
Council on the Go 6:30 pm
Ray Corbett Jr. High School
12000 Ray Corbett Drive
Agenda topics of discussion:
FM 1518 update
Fire Station # 3 status
FY 2017 -18 Budget updates
Question/comment session
Friday - Saturday, February 23rd -24th
Library Advisory Board Boob Sale 10:00 -am -5:00 pm
Fill a bag with books for $4.00 per bag
Saturday, February 24th
8th Annual Selma / Schertz Salute to Service 5K 7:00 am
Bluebonnet Palace — 17630 Lookout Road
7:00 am - 8:45 am registration/packet pick up
9:00 am line up for 5K & Opening Ceremony
Kids Freedom Fun Run is free for ages 2 -10
$30 Online registration by February 23rd
After Race parry with live music, vendors, food, drinks, silent auction & kid friendly
activities
Contact Operation Comfort 210 - 826 -0500
Tuesday, February 271h
City Council Meeting 6:00 pm
Council Chambers
• Announcements and recognitions by the Acting City Manager (B. James)
Mayor Carpenter recognized Acting City Manager Brian James who recognized the Public.
Works Street/Sign staffers who answered the call of a resident who asked for a few old
signs for her autistic son who was having a birthday party and was fascinated with signs.
They rounded up a few items and also made a special street sign for him with his name.
He also recognized John Nowak and Scott McClelland in Engineering with regard to the
reconstruction of Schertz Parkway who spent a lot of time keeping that moving. They
anticipate pulling down the barricades tomorrow about mid -day. Although the project is not
finished yet, this should ease things a bit for traffic flow.
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• Announcements and recognitions by the Mayor (M. Carpenter)
Mayor Carpenter stated he had nothing to report for this week.
Hearing of Residents
Mayor Carpenter recognized the following individuals who spoke:
• Ms. Michele Tereletsky, 705 Marilyn Drive, who requested Council provide some
information concerning their initiative to place limits on the first amendment rights of _
individuals sending information while serving on council or city boards /commissions and
the public receiving information through social media. She provided examples of other
leaders on a national level who have expressed themselves without censorship. She asked
to hear Councilmember's thoughts and opinions.
• Mr. Brent Bolter, 2633 Clover Brook Lane, who spoke about the firing of the city manager
and has yet to see any justification for holding a special called meeting other than that the
three councilmembers who signed the request wanted it done without the citizens knowing
about it and were hoping for an empty council chamber. He also called for a full accounting
of the expenses incurred due to the firing of the city manager. In reference to the two
closed sessions being held tonight, he asked for clarification on closed sessions and what
can be discussed after those sessions and be shared as there appears to be confusion as to
what that is. Council's responsibility is to keep their bosses (the Schertz residents)
informed on what they are doing and why they are doing it. He would like to see more
information and openness in the future. The citizens are the bosses of Council.
• Mr. Jake Jacobs, 316 Beverly Drive, who stated he officially filed as a candidate for
Guadalupe County Commissioner, Precinct 4. He previously served on the Planning and
Zoning Commission and SSLGC. He provided a bit of history of his community service,
the Lions Club, etc.
• Ms. Maggie Titterington, 1730 Schertz Parkway, The Chamber, who stated she is speaking
on behalf of dozens of business men and women here in Schertz who have called, met, or
spoken to her to share their concerns about their city and their council. Their concerns were
the loss of the city manager, staff, lack of understanding the circumstances, budget
concerns regarding the payout plan, and what programs may have to go unfunded, unfilled
staff positions, reserve funds, etc. Other concerns were that their voices would not be heard
and they feared retaliation against their businesses. Within the responsibility of these
council positions is also accountability to the citizens, businesses and our future. She
thanked Councilmember Davis for reaching out to her and answering questions she had as
well as meeting with dozens of residents and business owners. The fact remains there are
still three councilmembers who are silent.
• Mr. Robin Thompson, 967 Oak Ridge, who stated he was here tonight for three reasons.
First: to remind Council of his official request for a complete financial accounting and all
costs associated with the majority of council's decision to request the resignation of our
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City Manager and that this information be regularly updated and shared with the public at a
monthly meeting of the Council. Second: The workshop regarding the possible hiring of
outside firm(s) to assist in the hiring of a new city manager was requested by
Councilmember Crawford. He read from the minutes of the last council meeting quotes
from Councilmember Crawford referencing lack of experience in going through this
process. He cautioned taking action on this until a final cost for outside help has been
determined, as consultants do not come cheap. The taxpayers are already having to pay for
a severance package of $237,000. With additional costs for searching for a new manager,
the cost could go up to more than $400,000. He asked council to take no vote on this
tonight as they have a right to know what fund it will come from. Third: In regard to the
Council Retreat meeting of January 19, 2018, he read from the minutes the times
councilmembers were present, left, returned/or did not return. Master Calendars are
provided well in advance and these meetings should be planned for and given priority. It is
part of Council's job that they committed to in representing the citizens of Schertz.
® Ms. Michele Womack, 2944 Mineral Springs, who spoke of a need for people to know the
reason the city manager was released. A councilmember told her, `From my fingertips to
yours, you will never win an argument without all the facts.' She said we deserve the facts.
She spoke to six councilmembers and briefly relayed the information given to her. In the
items she spoke of, she did not see a single thing that calls for the dismissal of the city
manager. All these things were fixable. She encouraged council to contact her and provide
more information and answers to her questions.
• Mr. Jeff Womack, 2944 Mineral Springs, feels the darkness they were warned about really
has descended over the city during the last month. If someone from the city will write him
a check for $235,625, he will get out of here in a heartbeat. He spoke of a tour he recently
took of the Civic Center and received all kinds of good information on its uses, the staffing,
hours of work, clients, plans for the future, etc. He encourages people to go over there and
see it, especially as it was used as one of the reasons to get rid of Mr. Kessel.
• Discussion and possible action regarding hiring outside firms to assist the City Council
during the period of transition to include review of internal processes and procedures and
the hiring of a new City Manager. (Item requested by Mayor Carpenter and
Councilmember Crawford)
Mayor Carpenter stated since Councilmember Crawford had asked for this item he turned
it over to him to begin the discussion. Councilmember Crawford read what he had talked
about on the phone with the Mayor on the prior Wednesday. The call was for the purpose
of requesting that he be able to put some additional information on the agenda for tonight
for this subject. He proceeded to read what he had read that day to the mayor.
Discussion and possible action to engage a law firm to assist the City Council in
conducting an independent investigation as authorized by Section 4.10 and 4.11 of the City
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Charter to gather information and render legal advice, legal or otherwise to the City
Council regarding:
1) Facts and circumstances surrounding the City Manager's resignation.
Due to public demand for clarity and Council comments regarding vague generalities
related to the matter;
To improve transparency and guide the City Council in the selection of a new city
manager;
2) City's HR and Finance operational practices.
3) Practices which may improve operational efficiencies of the city departments.
4) Review the scope and applicability of the City Council Code of Ethics, Rules of
Conduct, City Policy and Procedures and any other documents as necessary.
5) Any additional items as required which may provide helpful guidance to the new city
manager when hired.
We need to provide clear and transparent facts to the residents and the new city manager
about past events to effect as smooth a transition as possible.
Councilmember Crawford stated the intent here is to bring everything out in the open that
can be as far as federal law is concerned about what needs to be fixed, what isn't working,
and what could be changed; and hand that, as a list, to the new city manager as a way to
have some confidence that we are trying to give him/her the help they may need to take
over the job. We need to provide a clear and transparent set of facts to the residents and the
new city manager about past events to effect as smooth a transition as possible.
Councilmember Crawford stated that is how he feels. He also stated that there are five of
them (councilmembers) who have not had any experience in hiring a city manager. There
are companies who can help them do that. We have all done things in our life where we
didn't have the experience, but we learned, we hired somebody to get it done and we got it
done okay. This time it has to be better than okay. We need to hire a strong city manager,
male or female, that can come in and run this city. The city council only hires five people:
the city manager, city secretary, city attorney, the prosecutor for municipal court, and the
judge for municipal court. No one else do we hire. No one else can I reach down and tap
without at least letting the city manager know that he would like to talk to somebody. It is
for a reason, so we don't get in their way. He wanted to let people know tonight that these
are the things that are important, and we don't know what we don't know.
Mayor Carpenter stated since the phone call had been brought up, he would like to explore
that further. He confirmed what Councilmember Crawford just read was indeed what he
would have liked to have had on the agenda. He feels if the council had heard that when
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they met previously, there may have been some objection. However, they did get
something on the agenda to allow conversing about this and provide an opportunity for him
to share his concerns. During that call, he also asked if there was anything else in particular
he felt needed to be looked at by anyone we might hire in that capacity and there wasn't
anything in particular.
The Mayor stated he also had asked if there were any particular concerns regarding the
Finance Department or if he (Councilmember Crawford) had spent any time with our
auditors and you said you had not as of yet done so. The taxpayers of the city have already
paid Armstrong Vaughn to conduct a full audit of our finances and the Finance
Department. In fact, they are wrapping that up as we speak. Mayor Carpenter proceeded to
read what the auditors responsibilities are. He said he is concerned that Councilmember
Crawford wants Council to hire an outside firm to do what we are already paying an
auditing firm to do or that you have not visited with them to share your concerns. During
the past seven years this firm has provided a series of comments regarding some areas that
the city needed to address; and they subsequently were resolved. As a result, he doesn't
understand Councilmember Crawford's continued concerns.
Councilmember Crawford indicated his concern was in regard to the former Assistant
Finance Director's comments that he made about bank reconciliations, credit card issues,
and his lack of access to the financial records and the software to do his job after he had
been here eight months. He felt this was a significant flag and after eight months, him
(Crawford) talking to the auditor isn't going to make any difference. That is why he wanted
somebody independent. Mayor Carpenter stated he did talk to the auditors, the Finance
Department and the city's IT department and was told the employee did have full access to
the city financials within the INCODE system.
Mayor Carpenter recognized Councilmember Edwards who stated he thinks the discussion
has entered an area we shouldn't be discussing (a specific employee) and wanted the
opinion of the City Attorney. City Attorney Charles Zech indicated while it may be on the
fringe, but if it is part of the reasons why we want to have this outside audit, then it is
within the parameters of the Texas Open Meetings Act.
Mayor Carpenter stated he had no ruling for Councilmember Edwards given the comments
from the City Attorney. With regard to any concerns Councilmember Crawford may have
with the city's HR Department, Denton, Navarro, Rocha, Bernal has consulted with us
numerous times regarding HR situations the city has had, which is normal and routine for
most organizations. He had asked Councilmember Crawford if he had consulted with the
city attorneys regarding our HR Department and was told he had not. Councilmember
Crawford stated that was correct.
Mayor Carpenter stated when he requested this item be put on the agenda he thought that is
what Councilmember Crawford was asking for; however, after their discussion, he realized
that was not the direction he was going. He does not have a strong feeling that we need to
hire an outside firm to assist us in hiring a new city manager. He stated he has already had
people sending him resumes; people want to work here and come to our city. He feels if we
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advertise in the Texas City Manager's Association and several other places, we will get a
large number of applicants. He is not advocating we hire an outside firm unless we have a
problem finding the right candidate. At this point, he opened the discussion up to the rest of
the councilmembers for comments.
Councilmember Davis — feels we can go through the process ourselves.
Councilmember Gutierrez — doesn't see a need to hire an outside firm; Council represents
the city and who knows the city better than them.
Councilmember Larson — doesn't feel strongly one way or the other. Suggested a volunteer
committee of community leaders to help participate in the process.
Councilmember Edwards —thinks that hiring a city manager is a job of the Council. We
have done this before, doesn't think we need a third parry to assist in the process.
Councilmember Kiser — thinks they can do it themselves unless they run into issues later.
Mayor Pro -Tern Sca lg iola — thinks Council is quite qualified to do it themselves.
Councilmember Crawford — clarified he was asking for a special counselor to check out the
processes we use so a new city manager would want to step into this job. He also spoke
about transparency.
Mayor Carpenter recognized Councilmember Crawford who made a motion for discussion
and possible action to engage a law firm to assist the City Council and conduct an
independent investigation as authorized by section 4.10 and 4.11 of the City Charter to
gather information and render legal advice or otherwise to the City Council as to those
items he mentioned earlier when he read it during this session. As there was not a second,
the motion failed.
• Discussion and possible action with regard to the City Council's Master Calendar and
meeting notification procedures. (Item requested by Councilmember Gutierrez)
Mayor Carpenter recognized Councilmember Gutierrez who stated on this agenda item
staff provided a sample of what the agenda would look like for posting when there is not a
council meeting scheduled. He believes it is straight forward and it also shows the next
agenda date council will be having. He stated that he thinks this will be great to put on our
website as it is hard to fmd something that is not there and that is what was happening. If
nothing is posted, people are not going to find it. This satisfies the transparency that the
citizens are looking for.
Councilmember Larson agreed because he thought we had a meeting last week and he went
out to the website to pull his agenda information and he saw the notice then; so, it worked.
He thanked staff for doing this.
Mayor Carpenter asked if action needed to be taken. No action was necessary as Acting
City Manager Brian James stated that if this was the general consensus of Council, then
every Friday we would either post the agenda for the council meeting or post a notice of no
council meeting that next week to better inform the citizens.
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® Discussion regarding repair status of the Schertz Electronic Sign. (D. Wait/M. Ripley)
Mayor Carpenter recognized Executive Director Dudley Wait who provided updated
information on the bids received regarding the repair of the Schertz Electronic Sign. Mr.
Wait stated that the bidders bid on 16 -pixel resolution, but also provided information to
council that the lowest bidder also provided a quote for a pixel resolution of 10 which is
better than 16. He indicated that this was still lower than the others received. Mr. Wait said
that this is a workshop item and it is under $50,000 and would like the consensus of council
to move forward with the project. Mr. Wait stated that the funds for this project will come
out of the 2016 bonds -sold for facilities. repair.
Mayor Carpenter recognized Councilmember Davis who asked if the funds could come
from the Hotel -Motel Occupancy Fund, Mr. James indicated that staff could provide an
update to council in next week's packet on February 13th. Mr. Wait addressed additional
questions from council.
It was the consensus of council to move forward with the repair and go with the 10 -pixel
resolution. Acting City Manager Brian James stated that the policy regarding the use of the
sign is being updated as it is out of date and that Public Affairs is working on this project
and we will be updating the council more on this as well.
Consent Agenda 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.
Mayor Carpenter stated that they are going to consider item 2, Ordinance 18 -M -06 because
it is actually first reading. He stated that he went back and took a look at the charter and he
actually has to read the caption and he has to do that twice in subsequent meetings so we
will pull that and handle that on its first and subsequent meetings. He also would like to
pull the minutes of the regular meeting of January 23, 2018.
Mayor Carpenter asked if either the minutes from the Special Retreat Meeting or the
Special Called Meeting minutes of January 19, 2018 need to be handled or can those be
handled on consent.
Mayor Carpenter recognized Councilmember Edwards who moved seconded by
Councilmember Crawford to also place agenda item 3 on consent. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez,
Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion
Passed.
Mayor Carpenter stated that the consent agenda now consists of the following:
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Minutes — Consideration and/or action regarding the approval of the minutes of the special
retreat meeting of January 19, 2018, and the special called meeting of January 19, 2018 (B.
James/B. Dennis)
3. resolution No. 18 -r -03 — Consideration and/or action approving a Resolution by the City of
Schertz authorizing contracts with Bound Tree Medical and Henry Schein, Inc. for EMS
medical supplies. (D. Wait/J. Mabbitt)
The following was read into record:
COUNCIL A RESOLUTION BY THE CITY 1 SCHERTZ, TEXAS
AUTHORIZING CONTRACTS WITH BOUND TREE MEDICAL AND HENRY
SCHEIN, INC. 1 1 AND OTHER MATTERS IN
THEREWITH CONNECTION
Mayor Carpenter recognized Councilmember Edwards who moved seconded by
Councilmember Crawford to approve the minutes of the special retreat meeting of January
19, 2018, the minutes of the special called meeting of January 19, 2018 and agenda item 3
on consent. The vote was unanimous with Mayor Pro -Tent Scagliola, Councilmembers
Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting
no. Motion Passed.
Discussion and Action Items
Minutes — Consideration and/ or action approving the minutes of the regular meeting of
January 23, 2018.
Mayor Carpenter stated that he has a question and stated that he has an original set of
minutes that were prepared by the City Secretary and a different set. Councilmember
Crawford, I believe that you asked the City Secretary to make changes before those
minutes came before the Council, is that correct? Councilmember Crawford stated that the
minutes that are in the packet and on the website were the correct minutes, they had all our
comments that you and I made on that particular item. Mayor Carpenter stated yes, but
those were changes you requested the City Secretary to make after she had already
completed the draft minutes. Councilmember Crawford stated that she didn't have all of
the paragraphs that you and I (meaning the Mayor) had spoken about. She added a third
and fourth paragraph.
Mayor Carpenter asked, did you ask or instruct her to make changes to her completed draft
to have those minutes that are in our packet today? Councilmember Crawford stated that
the minutes have what he had stated on them because it didn't have the second part of our
conversation.
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Mayor Carpenter stated that he struggles with what would happen if there was a paragraph
in a set of minutes and all eight of us went to the City Secretary before it came to the City
Council and we all wanted something different;_ I don't believe that she would be able to
get her job done. Councilmember Crawford stated to the extent that the minutes are
supposed to be an accurate rendition of what the audio and DVD says.
Mayor Carpenter recognized Councilmember Gutierrez who stated the minutes should
either be a summary or a full transcript of what is going on. He stated for us to always
indicate word for word what needs to be in these minutes, it's not in line with what should
be in there. They need to be one way or the other and he always thought the video was the
full transcript and the minutes are just a summary. Councilmember Crawford asked if we
do not approve the video?
Mayor Carpenter asked Councilmember Crawford to hold as he did not have the floor.
Councilmember Gutierrez continued stating that we addressed this issue some time ago and
basically the minutes are a summary of the proceedings that occur here; not word for word.
He objects to trying to pinpoint exactly what each of us wants to say, because you are right
we would have our City Secretary working on these for a full week. We have to a make a
decision, either a summary or a full word for word transcript. A full word for word
transcript is out of the question.
Mayor Carpenter recognized Councilmember Crawford who stated that then he owes the
City Secretary an apology at the least and the Council also.
Mayor Carpenter moved to postpone the consideration of the minutes of January 23,
2018 to our next available session and have the council at that time have both sets of
minutes, seconded by Councilmember Davis.
Mayor Carpenter recognized Councilmember Edwards who asked have we been doing
summary all this time and not word for word and now we are going back to summary
minutes? He wanted a clarification.
Mayor Carpenter answered stating that we have done summaries as he has gone back and
read some of the minutes since 1958 when the City was first incorporated. Councilmember
Edwards stated that he thought that it was changed a few months ago. In answer, Mayor
Carpenter stated we have never instructed the City Secretary to provide verbatim minutes
for a meeting; it would be extraordinarily unwieldly. Councilmember Edwards if that is
customary for Roberts Rules or a rendition of Roberts Rules to be a summary? In answer,
Mayor Carpenter stated that the Rules of Procedure for Council are unrelated to the
preparation of the minutes. We have actually in the city asked our City Secretaries and or
our City Administrators to prepare minutes based upon their training and their experience
as Certified Municipal Clerks.
As there were no further comments Mayor Carpenter called for the vote. The vote was
unanimous with Mayor Pro -Tem Scaghola, Councilmembers Davis, Gutierrez,
02 -06 -2018 Minutes Page - 11 -
Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion
Passed.
2. Ordinance No. 18 -M -06 — Consideration and/or action approving an Ordinance amending
the City Council Code of Ethics; Section 2 Confidentiality of information shared in
executive session. First Beading (Mayor /Council)
The following was read into record:
1 I1 I I I B101 oil / I 1
♦1 1''I: 1 1.
Mayor Carpenter stated that he had asked that we change the language from executive
session to closed session because in reviewing the open meetings act, the open meetings act
does not refer to executive session anywhere. Everywhere it is referred to as closed session.
If you look at our posting on our agenda it talks about Council will meet in closed session
and even at the end it talks about closed session and not executive session. He thought that
this was cleaner and clearer as to what we are talking about. Executive Session is a bit of a
colloquialism in what we see in several attorney general opinions and other places, that is
why he put it on there. He also felt it was necessary, especially from his position
individually, that more transparency would be appropriate and to restrict the City Council
beyond what State Law restricts the City Council as to sharing what goes on in closed
sessions too erroneous. He thought it was appropriate for us to have an instruction that says
the City Council should keep things in closed session confidential as opposed to shall. That
was his rational then and that is his rational now.
Mayor Carpenter recognized Councilmember Edwards, so for clarification we are doing
closed sessions versus executive sessions and shall instead of should. He will not be
releasing anything for a closed session that is confidential unless he is instructed to by the
City Attorney. Just to let you know, that is where he stands.
Mayor Carpenter recognized Mayor Pro -Tem Scagliola who spoke regarding the words shall
and should and their appropriate meanings. Did he violate the code by talking about what
went on in the executive session, basically no. He did not give specifics, could I have
provided specifics, it was not clear by the wording on this. He continued and stated the
language is still unclear. What exactly are we trying to say? What is it saying, it needs to be
clarified?
In answer, Mayor Carpenter stated that his intent was that Council should keep all matters
discussed in closed session confidential, and to allow the Council in their discretion to
02 -06 -2018 Minutes Page -12 -
discuss things that goes on in closed session in so much as, in the second section, State Law
is not violated. There is clarity in State Law, and he is not an attorney, and happy to defer to
Mi. Zech, but State Law gives us very clear guidance as does a number of court cases and
guidance from the Attorney General. As long as we pay attention to court cases and what the
Attorney General has in their opinion papers, State Law in particular, as long as we do not
violate any of those, we should be free to discuss in generalities what goes on in closed
sessions. This is a philosophical point from his point of view. The legislature in his opinion
granted the right for City Councils and Commissioners Courts and School Districts to meet in
closed sessions to protect the interests of those political subdivisions in the aggregate
particularly in regard to economic development negotiations, consultations with our attorney,
and in particular talking about purchasing real estate, so as not to put our competition or
others at an advantage over us as a city.
Mayor Carpenter recognized Councilmember Larson who moved seconded by Mayor Pro -
Tem Scagliola to approve Ordinance No. 18 -M -06 on first reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez,
Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion
Passed.
Mayor Carpenter turned the meeting over to Mayor Pro -Tem Scagliola stating he may have a
conflict of interest with the next item and stepped down from the dais.
4. Resolution No. 18 -R -06 — Consideration and/or action approving a Resolution authorizing
expenditures with CDW, a DIR technology vendor, for $67,587.68 for desktop computer
hardware for the PC Refresh project (B. James/M. Clauser)
The following was read into record:
RESOLUTION NO. 18 -R -06
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING EXPENDITURES WITH CDW, A DIR TECHNOLOGY
VENDOR, FOR $67,587.68 FOR DESKTOP COMPUTER HARDWARE FOR THE
PC REFRESH PROEJCT AND OTHER MATTERS IN CONNECTION
THEREWITH
Mayor Pro -Tem Scagliola recognized IT Director Myles Clauser who stated the City of
Schertz has been continuously working to keep the high level of service and reliability to
our staff and community. The City desires to continue to purchase hardware from CDW,
pursuant to the terms and conditions of the State of Texas Department of Information
Resources (DIR) Agreement. The City's practice is to seek authorization from Council
when expenditures with a vendor exceed $50,000 in one fiscal year. Staff is requesting
approval to spend $67,587.68 with CDW as part of the City's PC Refresh programs for city
staff and Library PACs. Although staff did seek and receive approval in November to
purchase up to $85,000 with CDW and the items being purchase were listed in that staff
report, they were not listed as a single purchase, thus staff is coming back to City Council.
02 -06 -2018 Minutes Page -13 -
The IT Dept. did receive multiple bids from several DIR vendors and CDW provided the
City the best value.
CDW has provided the City with competitive pricing. We must adhere to routine
replacement of our hardware, which allows our staff the ability to perform their work
functions and the community the ability to do research, homework and learn. New
hardware is also needed to keep our network secure and safe from harmful viruses and
potential breaches.
Staff recommends that Council authorize staff to continue to utilize CDW for our desktop
hardware for $67,587.68. Mr. Clauser addressed questions from Council.
Mayor Pro Tem. Scagliola recognized Councilmember Davis who moved seconded by
Councilmember Crawford to approve Resolution No. 18 -R -06. The vote was unanimous
with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
Mayor Carpenter returned to the dais.
5. Resolution No. 18 -R -08 — Consideration and/or action approving a Resolution authorizing
the City Manager to enter into a contract with Ford Engineering Inc., for Design and
Environmental services for the Schertz Pedestrian Routes and Bike Lanes project. (B.
James/L. Shrum)
The following was read into record:
RESOLUTION NO. 18 -R -08
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
FORD ENGINEERING INC. FOR DESIGN & ENVIRONMENTAL SERVICES
FOR THE SC HERTZ PEDESTRIAN ROUTES & BIKE LANES PROJECT.
Mayor Carpenter recognized Assistant Parks Director Lauren Shrum who stated the City of
Schertz Parks, Recreation, and Community Services Department applied for funding from
the Alamo Area Metropolitan Planning Organization in January 2017 for the Schertz
Pedestrian Routes and Bike Lanes Project. The project consists of construction of an off -
road trail between Schertz Parkway and Wiederstein Road along the LCRA utility easement;
construction of sidewalks on both sides of Live Oak Road between Schertz Parkway and FM
3009; and the striping of compliant bike lanes along both sides of Savannah Drive from the
Selma city limits to FM 3009, and Woodland Oaks Drive between Schertz Parkway and FM
3009.
Ford Engineering was awarded a three -year agreement for On -Call Engineering Services
via Resolution 14 -R -55, with an option to extend the agreement twice for one year each
time. The agreement was extended for the first time via Resolution 17 -R -51. On January 9,
2018, Council approved Resolution 18 -R -01 authorizing expenditures with Ford
02 -06 -2018 Minutes Page -14 -
Engineering totaling no more than $100,000 for professional engineering- related services
on various separate and unrelated projects, each of which has a value of less than $50,000,
during the 2017 -2018 fiscal year.
The CCM accompanying Resolution 18 -R -01 included reference to the Pedestrian Routes
& Bike Lanes Project and explained that this project would be brought to Council
separately for approval when staff was ready to proceed. Resolution 18-R-01 is attached for
your reference
Based on qualifications, experience, and history of work on similar projects, staff
recommends contracting with Ford Engineering for this project.
Design services are needed to survey and design the routes for the off -road trail and the
sidewalks along Live Oak Road and to develop plans specifications and estimates, and
bidding documents. The bike lane striping portion of the project will be designed in -house
by engineering staff. Additionally, an environmental review is required for federally-
funded projects and Ford Engineering's team will provide the required review.
Ford Engineering, Inc. will also prepare the project construction plans, include necessary
storm water pollution prevention plans and environmental permits, initiate TDLR review,
coordinate with TxDOT on all required design reviews, and support the city staff during the
construction bidding process.
The project will enhance pedestrian and cyclist mobility and safety in the City of Schertz.
The project will also add trail to our trails network, which is a top priority in our Parks &
Recreation Master Plan. Ms. Shrum addressed questions from Council.
Mayor Carpenter recognized Councilmember Edwards who moved seconded by
Councilmember Kiser to approve Resolution No. 18 -R -08. The vote was unanimous with
Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
6. Resolution No. 18 -R -11 — Consideration and/or action approving a Resolution authorizing
expenditures in excess of $50,000 with T.F. Harper & Associates and authorizing the
purchase of outdoor fitness equipment, park fixtures, and associated installation costs totaling
$56,982.25. (B. James /L. Shrum)
The following was read into record:
RESOLUTION NO. 18 -R -11
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING EXPENDITURES IN EXCESS OF $50,000 WITH T.F. HARPER &
ASSOCIATES AND AUTHORIZING THE PURCHASE OF OUTDOOR FITNESS
EQUIPMENT, PARK FIXTURES, AND ASSOCIATED INSTALLATION COSTS
TOTALING $56,982.25.
02 -06 -2018 Minutes Page - 15 -
Mayor Carpenter recognized Assistant Parks Director Lauren Shrum who stated The City
of Schertz Parks, Recreation, and Community Services Department budgeted funds in the
2017 -18 fiscal year to make improvements to the park property known as No Name Park,
now officially named Mary Whitfield Burks Park, in an effort to develop the vacant park
properties that are in the park system.
After researching trends in the industry and observing the high use of the Schertz Parkway
trail system for walkers, bikers, and runners, the Parks staff determined the best fit for the
small 2 -acre property was to develop it as an outdoor exercise station to complement the
high recreational use already on the parkway. The property has large established oak trees
and the fitness equipment could be positioned under the existing shade canopy and would
reduce the cost since shade structures would not have to be added.
Likewise, an existing water line is located on that side of the parkway, making it an ideal
property to add a drinking fountain. Additionally, keeping the equipment adult - focused
instead of child- focused, alleviated concerns of safety by attracting children to such a small
park property along such a busy parkway, and instead would keep children moving along
the parkway trails to their destination to and/from school.
Staff worked with T.F. Harper & Associates, a BuyBoard vendor, to develop a plan for the
park that includes installation. The park plans call for 220 linear feet of 10' wide concrete
trail that veers off the main Schertz Parkway trails and meanders through the oak tree
canopy and back onto the Schertz Parkway trails. Along this pathway will be four exercise
areas on 12' x 10' concrete pads with seven pieces of outdoor fitness equipment installed:
recumbent cycle, cardio walker, chest press, leg extension, high -low chin -up bars, balance
board w /sign, and captain's chair. The park plans also include a drinking fountain, bench,
trash can, and future stone monument sign. Using a BuyBoard vendor allows staff to not
formally bid a project, however staff did research costs with other firms to ensure the price
for equipment from T.F. Harper & Associates was not significantly higher than other firms.
The staff also discussed the park development plans with the Parks Board on several
occasions and formally added it to their agenda on January 22, 2018 where they voted to
approve the project plans 6 -3. Staff is under the impression that the Board members who
voted against this item had concerns as to whether this was the best location for exercise
equipment.
Because the city has a policy to gain Council approval to spend more -than $50,000 with
one vendor, we are seeking approval to spend more than $50,000 with T.F. Harper &
Associates (a BuyBoard vendor). This purchase order totals $56,982.25. Currently in the
FY17 -18 fiscal year we have spent $668.00 with this vendor and estimate spending an
additional $10,000 for replacement playground equipment in the future.
The project will enhance the recreational opportunities for the citizens of Schertz and
complement the top priority in our Parks & Recreation Master Plan and a top priority in the
Citizen Satisfaction Survey, which is hike and bike trails. The cost for the outdoor fitness
equipment, concrete trail, drinking fountain, bench, trash can, and all installation is
02 -06 -2018 Minutes Page -16 -
$56,982.25 and will be paid for out of the Park Fund 317- 301 - 581700. Ms. Shrum
addressed questions from Council.
Mayor Carpenter recognized Councilmember Edwards who moved seconded by
Councilmember Gutierrez to approve Resolution No. 18 -R -11. The vote was unanimous
with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
7. Resolution No. 18 -R -10 — Consideration and/or action approving a Resolution scheduling a
Public Hearing to consider adoption of a Roadway Impact Fee to be imposed for Roadways
with the city; directing the City Secretary to publish notice of said Public Hearing.
(B. James/K. Woodlee)
The following was read into record:
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, SCHEDULING A PUBLIC HEARING TO CONSIDER ADOPTION OF A
ROADWAY IMPACT FEE TO BE IMPOSED FOR ROADWAYS WITHIN THE
CITY; DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SAID
PUBLIC HEARING; AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized City Engineer Kathy Woodlee who stated staff has been
working with Freese and Nichols, Inc., to update the City's Thoroughfare Plan and develop
a roadway impact fee ordinance. A roadway impact fee provides a funding mechanism for
the implementation of roadway improvements that add capacity necessitated by new
development. The City currently charges water and. sewer impact fees. The Texas Local
Government Code (TLGC) establishes the process and notification requirements to adopt
impact fees. The first step in the process was the adoption of Land Use Assumptions and a
Capital Improvement Plan for the area where impact fees are to be charged. These were
approved by City Council in November 2017 with Resolution 17 -R -107. Those documents
were used to calculate the maximum allowable fee per service unit in each service area. In
order to consider adoption of fee(s) equal to or less than the maximum allowable, TLGC
rules require City Council to set a date for a public hearing to consider the proposed fee(s)
to be charged. Resolution 17 -R -107 also set a date for the public hearing for February 20,
2018. In order to provide additional time for public input, staff is seeking approval of a new
date for March 13.
The requested action of City Council is approving the resolution setting the date for the
public hearing to consider adopting a Roadway Impact Fee on March 13, 2018. If Council
approves this resolution, staff will publish a notice, as required by the TLGC, indicating the
date of the public hearing.
Staff has been presenting the Draft Impact Fee Report fmdings to and gathering feedback
from City Boards and Commissions and focus groups including locally active developers,
02 -06 -2018 Minutes Page -17 -
builders, engineers, and businesses. The Capital Improvements Advisory Committee
(CIAC) has had a presentation and discussion, a public hearing and discussion, and will be
meeting again with a public hearing and to finalize a recommendation to City Council on
the Roadway Impact Fee program including recommended fees to be charged and
implementation guidance. A formal copy of that recommendation will be provided to
Council at least five days before the scheduled public hearing.
After the public hearing on March 13, 2018, City Council will be tasked with considering
the recommendation provided by the CIAC and acting on a proposed ordinance that would
govern the Roadway Impact Fee. Ms. Woodlee addressed questions from Council.
Mayor Carpenter recognized Mayor Pro -Tem Scagliola who moved seconded by
Councilmember Davis to approve Resolution No. 18 -R -10. The vote was unanimous with
Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards,
Kiser and Crawford voting for and no one voting no. Motion Passed.
8. Ordinance No. 18 -T -05 — Consideration and/or action approving an Ordinance of the City of
Schertz Texas authorizing an adjustment to the Fiscal Year 2017 -2018 Budget. First
Reading (B. James /J. Walters)
The following was read into record:
ORDINANCE NO. 18 -T -05
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING AN ADJUSTMENT TO THE FISCAL YEAR 2017 -2018
BUDGET, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE
DATE
Mayor Carpenter recognized Finance Director James Walters who stated with Ordinance
17 -T -30 the City Council of the City of Schertz approved the annual budget for FY 2017-
18. Staff is proposing to amend the budget to transfer funds from the Engineering budget to
the Thoroughfare Plan Update and Roadway Impact Fee project, to recognize a grant
received by Police for bullet proof vests, to establish a budget for the installation of a
leased pre - packaged sewer treatment plant, to recognize Hurricane Harvey emergency
deployment expenses and the reimbursement of expenses in the Fire Department, and to
reallocate funds for the Playscape Restroom authorized in the previous fiscal year. As
stated in September 2017, staff will combine and bring forward budget adjustments on a
quarterly basis when possible to reduce the number and frequency of budget adjustments.
With Resolution 17 -R -84, Council approved an amendment to the Freese and Nichols
professional services contract for $18,183.00 to provide for additional roadway geometrics,
incorporation of changes to surrounding thoroughfare plans, and additional meetings to
accommodate land use reviews by the City in the Thoroughfare Plan Update and Roadway
Impact Fee project. The funding source outlined in the council memo was to take funding
02 -06 -2018 Minutes Page -18 -
from the Engineering Department's professional services budget. Ordinance 11 -M -28
states the City Manager may not move budgeted dollars between departments or funds
without Council authorization. While this budget adjustment. is not asking to raise the
overall City Budget, it will transfer amounts between the Engineering Department and the
Project Fund.
On September 5, 2017, City Council authorized the Police Department to apply for a grant
for rifle resistant body armor authorized by the Governor and created by the state's
Criminal Justice Division. The City was awarded the grant to purchase 50 ballistic vests
and rifle plates totaling $31,750.00. This grant is 100% reimbursable requiring only that the
City purchase the vests first. Staff recommends City Council accept the grant award and
authorize the funding to make the initial purchase. The City has received these types of
grants in the past and reimbursement is expected within a few months.
The City is ready to move forward installing an expansion to the temporary Woman
Hollering Sewer Treatment Plant as part of the approved list of projects for sewer impact
fees. The service agreement with Cibolo Creek Municipal Authority to continue to operate
this plant and install the expansion was approved under Resolution 17 -R -113. The budget
adjustment is to allocate $300,000.00 out of sewer impact fees now that the City has a
better cost estimate.
The Fire Department continued to deploy in support of Hurricane Harvey recovery efforts
into the new fiscal year. These deployments will be fully reimbursed by the State. Due to
these activities, their overtime costs, employer taxes, and retirement contribution budget
line items are over where they should be by an estimated $70,000.00. The reimbursement
revenue account was budgeted for $30,000.00 and already has $59,565.00 as of January 30,
2018 with additional reimbursement payments being processed. Staff is recommending
increasing the personnel services budget by $70,000 and increasing deployment
reimbursements revenue by a matching amount. Total reimbursement for the Fire
Department from Hurricane Harvey is estimated to be $251,000 and is split between 2016-
17 and 2017 -18. Currently the City has received $59,564.71.
With Resolution 17 -R -55, the City Council authorized a contract to build and install a
restroom at the Playscape behind the Recreation Center for $168,968.75 budgeted to be
paid out of the Parkland Dedication Fund. At the end of Fiscal Year 2016 -17 only
$59,139.06 of that amount was spent. Staff is requesting the remaining $109,829.69 be
reallocated to this project for fiscal year 2017 -18 out of the Parkland Dedication Fund.
This ordinance will have no fiscal impact on the General Fund Balance for the
Thoroughfare Plan and Roadway Impact Fee budget adjustment since it is only transferring
already approved funds from one department to the project.
The Police grant will only require the City to pay $31,750.00 upfront but the entire amount
will be reimbursed within a few months, so it will not affect the ; City's Fund Balance
position.
02 -06 -2018 Minutes Page -19 -
The semiannual report for the Capital Improvements Advisory Committee on Capital
Impact Fee reserves and project lists,as of September 30, 2017 was presented to Council on
January 9, 2018 and approved with resolution 18 -R -05. The Unallocated Reserve Balance
was $5,604,060.00 at the end of September 2017 and the approved budget for FY 2017 -18
was set to increase this amount by $254,650.00. To approve the budget of $300,000.00 for
the. temporary sewer treatment plant expansion, council will pull $45,350.00 from reserves
instead leaving $5,558,710.00 for future projects.
For the overtime used by Fire Department deployments for Hurricane Harvey the budget
amendment ordinance will increase the personnel services budget for the Fire Department
and recognize an additional reimbursement in revenue by $70,000.00. No change in fund
balance will occur since the City will bring in an additional $70,000.00 which will match
the additional expenditures.
For the Playscape reallocation, the financial estimates for the end of FY 2016 -17 already
included the remaining payment of 109,829.69 and will not have an impact on the active
project list. Current cash and investments in the Parkland Dedication Fund equals
$368,631.26 at the end of December 2017, leaving $258,801.57 for future projects. Staff
recommends approval. _
Mayor Carpenter recognized Councilmember Crawford who moved seconded by
Councilmember Edwards to approve Ordinance 18 -T -05 on first reading. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez,
Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion
Passed.
9. Cancellation of the City Council meeting of March 6, 2018 — Discussion and/or action
approving the cancellation of the City Council meeting of March 6, 2018 due to it being an
Election night. (Item requested by Councilmember Larson)
Mayor Carpenter recognized Councilmember Larson who stated, as he mentioned last week,
he thought that those who traditionally voted on election day and for those mmning who have
scheduled events after the election, he thought it best that the city cancel our regular meeting
to allow those individuals to attend those events.
Mayor Carpenter recognized Councilmember Larson who moved seconded by
Councilmember Crawford to approve the cancellation of the March 6, 2018 City Council
meeting. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers
Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting
no. Motion Passed.
10. Discussion and possible action regarding the City Council Rules of Conduct and Procedure.
((Mayor Carpenter)
Mayor Carpenter stated he placed this item on the agenda and wants to call the Council's
attention to the very first page of the rules and asked that the Council re -read and consider
02 -06 -2018 Minutes Page - 20 -
carefully the 2 °d, 3rd, 4t', 5t' and 8t' bulletized items. In light of those points, Mayor
Carpenter stated he asked for this item and would like to propose a few changes. He would
like Council to let him know if they are good with those changes (or not) and then have staff
and the city attorney draft those changes depending on whatever motion is made.
As relates specifically to Article 2, Section 2.2, Subsection B, given the current environment
created by this Council he recommends and requests that the following language be added:
`Absences from meetings of the city council that are due to occupational or business
demands, personal or family illness or absence from the city shall be approved by the
council as excused.'
Mayor Carpenter stated he feels this should just be ministerial. If you are sick, you are sick, if
you are working or on vacation outside the city these should automatically be excused.
As relates specifically to Article 3, Section 3.5, I recommend and request the section be
reworded to read:
`Closed Sessions. Closed sessions may only be held in accordance with state law.'
The current section reads: Executive Sessions. Executive or closed sessions may only be
held in accordance with state law. Mayor Carpenter stated that the Open Meetings Act does
not refer to Executive Sessions, only Closed Sessions.
As relates specifically to Article 2, Section 2.5, he recommends and requests that the
following language be added:
`This section shall be subordinate to the provisions and requirements set forth in
Article 4, Section 4.3, in order to maintain proper preservation of order and decorum.'
The current language reads when a councilmember asks to be recognized that they shall be
recognized. He would like Council to give him a little more leeway so if a councilmember is
monopolizing the time or abusing that privilege, that he (Mayor) has the leeway to say, `You
don't have an absolute right to the floor.' Although, this one may be a bit more controversial,
he would like them to consider these three.
Mayor Carpenter opened the item up for discussion for the Council. Comments and opinions
were as follows:
Councilmember Edwards: He will go for the first two, but not the last one. We need to be
able to speak our minds if we are going to be transparent.
Councilmember Larson: He agrees with Councilmember Edwards.
Councilmember Crawford: Agrees with the first two as presented but not the third.
Mayor Carpenter recognized Councilmember Edwards who moved seconded by
Councilmember Larson to accept the first two changes as written and the last change we
02 -06 -2018 Minutes Page - 21 -
strike completely. The vote was unanimous with Mayor Pro -Tem Scagliola,
Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for
and no one voting no. Motion Passed.
Roll Call Vote Confirmation
City Secretary Brenda Dennis provided the roll call votes for Items 1 -10.
Closed Session
Mayor Carpenter recessed the regular meeting at 8:23 p.m. into closed session.
11. 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 Acting City Manager.
Mayor Carpenter reconvened into Regular Session at 8: 50 p.m.
I la. Take any action based on discussions held in closed session under Agenda Item 11.
Mayor Carpenter recognized Councilmember Edwards who made a motion, seconded by
Councilmember Crawford to increase Mr. Brian James salary to a commiserate level of the
past city manager of $174,476.00. Mayor Carpenter clarified that this is for the duration of
the entire time that Mr. James serves as the Acting City Manager. The vote was
unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez,
Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion
passed.
Mayor Carpenter recessed the regular meeting at 8:51 p.m. into closed session.
12. 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 Secretary.
Mayor Carpenter reconvened into Regular Session at 9:33 p.m.
12a. Take any action based on discussions held in closed session under Agenda Item 12.
Mayor Carpenter recognized Councilmember Edwards who made a motion, seconded by
Councilmember Kiser to give Ms. Brenda Dennis, City Secretary, a 5% increase. The vote
was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez,
Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion
passed.
Roll Call Vote Confirmation
02 -06 -2018 Minutes Page - 22 -
City Secretary Brenda Dennis provided the roll call votes for Items 11 a and 12a.
Requests and Announcements
13. Announcements by the Acting City Manager.
Mayor Carpenter recognized Acting City Manager Brian James who stated there are a
number of written items that were provided to City Council and those can be found on the
city's website. One of those items is a list of upcoming events (Public Events/Parks and
Recreation) and some work that the Public Works Department did to change out the optics
system for the light out at Woodland Oaks and Schertz Parkway, which has been having
some timing problems.
14. Requests by Mayor and Councilmembers that items be placed on a future City Council
agenda.
Mayor Carpenter recognized Councilmember Larson who stated he had two items:
1) Information from the Police Department related to crime statistics and trends and if
there are any concerning trends, what resources might be required to deal with those.
He knows we received a notice that there is going to be some public sharing of crime
statistics and he would like to hear more about that program as well.
2) He thinks we need a discussion or workshop for clarification on the City Charter,
specifically Section 4.07 Prohibitions (Interference with administration). What is the
appropriate interactive relationship with the City Secretary due to the fact that she does
report administratively to the City Manager. Also, he has heard there have been
interactions between Councilmembers and employees that may have violated this
prohibition. Therefore, he would like to clarify and reset those boundaries.
Mayor Carpenter stated what he thinks he heard is Councilmember Larson would like
clarification from our attorney's office about what 4.07 is within the Charter, what
those prohibitions are and how they would apply? Because the Charter says the City
Secretary reports administratively to the City Manager, how do we interpret that and
how does it apply? Basically, it is a presentation from the City's attorneys on Section
4.07, clarification on those and clarification on the point of the City Secretary reporting
administratively to the City Manager.
Councilmember Larson added to also maybe get some information on what the process
would be for remediation if a councilmember does violate a prohibition.
City Attorney Charles Zech stated the interpretation of how the charter works is purely
an interpretation. There is no case law out there that tells us how to interpret it, so
Council as a body has some input into that and can create an ordinance that dictates
where those lines are at; so that may be the broader discussion that you may have.
02 -06 -2018 Minutes Page - 23 -
After a brief Council discussion, it was agreed for Attorney Charles Zech to put
together a presentation to clarify the process at his leisure for a future council meeting
agenda item.
Mayor Carpenter recognized Councilmember Edwards who stated he met with a lady today
who said there have been some break ins in the Belmont subdivision area. He would like
the Police Department to contact her about this matter.
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
Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he watched the video on
social media and learned a lot from it. On Saturday, he also attended the opening of a Hike
and Bike Trail out in the Riata Subdivision. He hopes to see everyone on Thursday when
the trail riders come through over at Pickrell Park at 11:30 a.m.
Mayor Carpenter recognized Councilmember Davis who also viewed the social media
webinar training. It was a great presentation put on by TML.
Mayor Carpenter recognized Councilmember Gutierrez who also viewed the social media
webinar training and attended the Riata Subdivision hike and bike trail event. The jogging
trail is 1/2 mile long.
Mayor Carpenter recognized Councilmember Edwards who stated he most likely will not
be here next week.
Mayor Carpenter recognized Councilmember Crawford who stated he took the Shred Day
information to the resident who originally approached him about it and he said thank you.
16. Information available in City Council Packets - NO DISCUSSION TO OCCUR
Parks and Recreation upcoming event flyers. (B. James /L. Shrum)
Upcoming Community Shred Day event. (S. Gonzalez)
Update regarding the completion of installation of the new Grid Smart Fish eye
camera system at the intersection of Woodland Oaks and Schertz Parkway.
(D. Wait/J. Hooks/D. Letbetter)
Adiournment
As there was no further business, Mayor Carpenter adjourned the meeting at 9:45 p.m.
02 -06 -2018 Minutes Page - 24 -
R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
02 -06 -2018 Minutes Page - 25 -