ccreg 10-01-1996
REGULAR MEETING OF THE CITY COUNCIL
OCTOBER 1, 1996
The Schertz City Council convened in Regular Session on
Tuesday, October I, 1996 at 7:00 p.m. in the Council
Chambers of the Municipal Complex, 1400 Schertz Parkway,
Schertz, Texas. The following members were present: Mayor
Hal Baldwin, presidingl Charles McDonald 1 Joe potempa;
Earl Sawyer 1 Timothy Swinney and Ken Greenwald. Staff
present were City Manager Kerry Sweatt and City Secretary
Norma Althouse.
Mayor Baldwin asked everyone to rise and join him in the
Pledge of Allegiance to the flag.
Following the Pledge, Mayor Baldwin presented a
Proclamation to Fire Chief, Johnny Woodward, declaring the
week of October 6 through 12 as Fire Prevention Week.
Mayor Baldwin then presented the Anna Moon volunteer of
Year Award to Diane Wilson for her volunteer work at
Animal Control facility for the past three years.
award included a plaque and a $50.00 U.S. Savings
Mr. Sweatt noted this award is given by the State
Department.
the
the
The
Bond.
Health
#1 APPROVAL OF MINUTES: Regular Session 8-6-96
Mr. Swinney mentioned that on page 14, next to the
paragraph, the word asked is repeated twice in a row.
of the asked words should be deleted.
last
One
Mr. Sawyer moved to approve the minutes of
Session of 8-6-96. Mr. Greenwald seconded
which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
the
the
Regular
motion,
NAYS: None.
#2 HEARING OF RESI....Il..u.:.: A. Leo Reyes of 1037 Sandy
Ridge Circle expressed concern about the way Dover Homes
are being built. He feels there is a lack of supervision.
There are approximately 50 houses being built with only 2
superintendents at the location. Also, he appreciates the
fact Dover builds fences for the homeowners, but they are
cheap and flimsy. He would rather have had a better
quality fence and put it up himself. He took some video of
his house as it was being built and there was some real
shoddy construction. He thinks Dover Homes should hire
more people, not go to the lowest bidder, and make sure the
workers know what they are doing. He had heard Schertz is
real strict on code enforcement, but he thinks he still
doesn't have insulation in one of his walls. He is not
totally unhappy with his home, but still thinks Dover has a
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problem with the lack of supervision. He wondered if
someone from Dover Homes could meet with the homeowners
face to face. Mayor Baldwin suggested the best thing for
Mr. Reyes to do is go through the Homeowners Association.
B. Ronnie Wolfe of 1004 Summer Haven Lane spoke at this
time. He moved into his home in July of 1996 and had three
sets of photographs for Council to see. The first set is
his property, the second set is 1008 Summer Haven Lane
which is currently under construction, and the third set is
1009 Sandy Ridge Circle which is the property directly
behind 1008 Summer Haven Lane. He has a severe drainage
problem that exists on his house and on three other lots.
This is an ongoing problem and he has been trying to work
with Dover Homes to get it corrected. He has dealt with
the Vice-President of the corporation to no avail. He then
wrote a letter to the President of the corporation, but has
had no response. He finds this totally appalling and
unacceptable in a business environment. The letter
addresses a number of issues with the drainage being the
main source of his problem. He sent notification to the
State Attorney General's office, the Better Business
Bureau, and the San Antonio Homebuilders Association to let
them know this is a serious problem. He has been working
closely with Leonard Truitt who has been very cooperative.
The property at 1008 Summer Haven Lane has been pumped out
three times because of the odor. There are serious
mosquito problems and probably some major health issues.
He is here tonight to let Council know about his problems.
Mr. Wolfe went on to say he watched his house being built
from the ground up. Dover supposedly builds a home through
the model home standard which means their model home is
supposed to be what your home looks like. His did not. He
had to force a lot of issues with them. There's some
misrepresentation involved. He had a meeting today with
Dover Homes, Leonard Truitt, Steve Simonson and several of
his neighbors. They had to hire an independent engineering
firm to come out and determine that, in fact, there was a
problem. Their warranty book states his property should
have type A drainage and it does not. It has type C
drainage. Type A means it drains from rear to front. His
lot drains from all different directions or not at all.
The book also says no standing or ponding of water should
remain longer than 24 hours after a rain. His goes for
weeks until he has Dover come and pump the adjacent lot.
There are other problems such as debris piled allover.
The City of Schertz has ordinances regarding unsanitary
conditions with which Dover should comply.
Mr. Wolfe said he is just trying to keep the City
informed. Dover has started some correction, but it is a
long, arduous process. This situation needs to be
rectified. At the meeting today Dover was ordered to come
up with a plan, in writing, of proposals for correcting the
problem and a time line. According to the engineer's
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report, Dover will have to obtain an easement for his
property and several of his neighbors. An easement does
not presently exist on his property. That's very
disheartening to him. Part of his property will no longer
be usable to him. He understands the Mayor and Mr. Sweatt
visited his property. Mayor Baldwin acknowledged that and
said he was shocked at the lot next door. Mr. Wolfe
stressed that for the money he invested in his home,
something needs to be done and within a short time frame.
He said he would appreciate anything the City can do to
help him.
Mayor Baldwin indicated he would write to Eddie Franz,
President of Dover Homes, and express his dissatisfaction.
Mr. McDonald suggested that if they're not in compliance,
the City close them down. Mr. Swinney wondered if the
City has the option to shut them down and this prompted
more discussion about all of Mr. Wolfe's problems. Mr.
Wolfe thanked City Council for their time and
consideration. Mayor Baldwin assured Mr. Wolfe they would
do all they could to help him.
C. The next person who signed up to speak was Watson
Burnfield, former mayor of the City of Windcrest who is
running for election to the Edwards Aquifer Authority
Board, District 6. Part of Schertz is in District 6.
There are nine candidates on the ballot for District 6.
It's an important election and he has five years experience
serving on a committee that dealt with surface water
1ssues. His phone number is 656-2494 for anyone who has
questions and would like to hear his point of view.
D. Nicole Jazombeck of Route 1, Box 222, Converse and
Chris Blakeman of 108 Webster Drive, both officers of the
Samuel Clemens Student Council, asked City Council to
extend the curfew on October 18th to 1:00 a.m. instead of
midnight due to the homecoming dance. Mr. Potempa asked
if Council didn't grant this extension last year and was
told by Mayor Baldwin they did. The consensus of Council
was to grant the extended curfew from midnight until 1:00
a.m. on October 18th for the homecoming dance. Mr.
Sweatt added that out of concern for the drought
conditions, instead of a bonfire the students are going to
have a program called "Light Up the Night." Ms. Jazombeck
explained that everyone will have a rally in the stadium
and will have flashlights or glow sticks and they will use
these when the lights are turned off. Ms. Jazombeck and
Mr. Blakeman thanked Council for the curfew extension.
Larry Jones, County Treasurer, County Attorney, Bob
Covington, and Judge Cinnamon all asked to speak under Item
#5, the Resolution supporting construction of Guadalupe
County Juvenile Probation Facility.
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#3 R<...",..AL OF TERMS: Consider
regarding renewal of terms for
Commissioners.
and take
Planning and
action
Zoning
Mr. Sweatt reminded Council the terms of Ernie Evans, Tony
Moreno, Keith Van Dine and Merwin Willman will expire this
month and all have expressed a desire to continue to serve.
Mr. Greenwald moved to approve renewal of the terms of
Planning and Zoning Commissioners Ernie Evans, Tony Moreno,
Keith Van Dine and Merwin Willman. Mr. potempa seconded
the motion, which carried with the following votes:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
#4 APPOINTMENT: Consider and take action regarding
appointment to Schertz Economic Development Commission.
Mr. Sweatt advised the Economic Development Commission
consists of 12 members and they currently have a vacancy.
The Commission has recommended the appointment of Stacy
Ware. He is a Farmers Insurance agent, lives in Savannah
Square and has expressed a desire to serve.
Mr. Potempa moved to approve the appointment of stacy
to the Schertz Economic Development Commission.
McDonald seconded the motion, which carried with
following votes:
Ware
Mr.
the
AYES: Councilmembers McDonald, Potempa, sawyer, Swinney
and Greenwald.
NAYS: None.
#5 RESOLUTION: Consider and
resolution supporting construction
Juvenile Probation Facility.
take
of
action regarding
Guadalupe County
Mayor Baldwin introduced the following Resolution
A RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, SUPPORTING THE BUILDING OF A MODERN
GUADALUPE COUNTY JU~",.....LE PROBATION FACILITY IN
SEGUIN, TEXAS.
WHEREAS, the growth of Guadalupe County is increasing
in population; and
WHEREAS, the detention facility of the Guadalupe
County Juvenile Probation Department is considered outmoded
and inadequate to meet the needs of juvenile detainees both
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at present and in the future; and
WHEREAS, the City Council believes that a resolution
should be adopted supporting the completion of the facility
for detaining juveniles in need of supervision to be
erected in Seguin, Texas; and
WHEREAS, a plan providing a m1n1mum of 32 beds and
related facilities has been developed; and
WHEREAS, the Schertz City Council adopted Resolution
No. 96-R-l expressing support for the completion of a
planned detention facility for the Guadalupe County
Juvenile Probation Department;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
THAT, the City Council of the City of Schertz hereby
compliments the Judge and County Commissioners of Guadalupe
County on the proposed plan and recommends the approval of
the construction thereof by the voters in November 1996.
Mr.
than
Judge
Sweatt advised they have a larger copy of the plan
was available at the workshop. He then deferred to
Cinnamon and County Attorney Covington.
Judge Cinnamon related that in the particular plan
discussed at the workshop, there were questions that came
up for which he did not have the answers. Mr. Covington
has been speaking to various groups about the need for the
facility and he is going to turn the floor over to him at
this time.
Mr. Covington commented that juvenile crime has exploded
and it is a local problem. They need the juvenile
detention facility to address the juvenile crime problem
and make the probation system work. He appreciates
Council's resolution.
Mr. Covington explained the drawing of the proposed
facility. It is a pod-type design and Area 1 will have a
security desk in the control center with an officer who can
see into all the pods. In addition there is a roving
officer and during the day they have one officer who is
responsible for eight juveniles. At night they are
permitted to have one officer for sixteen juveniles. On
each side of the control center is a suicide watch area.
In addition there are two isolation cells used for
runaways, not for criminal offenders.
Area 2 consists of classrooms and areas for counseling
sessions. Counseling is of prime importance in an effort
to turn these juveniles around.
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Studies show that the earlier a juvenile becomes involved
with the juvenile probation system, the more often he will
reoffend and the more often he reoffends, the likelihood is
he will become an adult offender.
Area 3 is the courtroom which can be used for adult
offenders as well as juveniles. There will also be holding
cells for adult holding. They are required to have sight
and sound separation between adults and juveniles. The
intention is to have a complete facility.
Mayor Baldwin asked what the length of time is that
juveniles stay in a facility like this. Mr. Covington
replied that depends on the offense. Right now, because of
lack of facilities, they try to process them as soon as
possible. Violent offenders may stay 3-4 months then be
sent off to TYC. When they are sent to TYC, this system
loses complete control of them. The County probation
officers can no longer talk to them. There is no TYC
parole officer in Guadalupe County right now.
Mr. Swinney referred to a proposed bill in the next
legislature to treat all felons as adults and asked how
that would affect this facility. Mr. Covington, saying he
was not aware of that bill, didn't expect it would affect
this facility that much if it were passed. He said,
personally, he is not in favor of such a bill.
Mr. Potempa inquired if they're floating a bond issue for
this facility and if there's any opposition. Mr.
Covington replied they are floating a 4.5 million dollar
bond issue. He has spoken to many groups who are in favor
of it, but there is some opposition out there. He feels
even the opposition agrees we have a serious juvenile crime
problem and something needs to be done.
Mr. Swinney asked why such a dichotomy between the 2
million dollar figure the citizens advisory group came up
with and the 4.5 million dollar figure being used now. Mr.
Covington replied he wasn't sure. He doesn't know exactly
which facility and which features were included in the 2
million dollar figure.
Mr. Greenwald asked how long a 32 bed facility will last.
Mr. Covington replied this is a compromise for him because
he wanted a 48 bed facility. This should last for quite a
while because the system will begin to work. This has a
means for expansion and later on they could even put in a
boot camp.
Mr. Swinney questioned if the high expenses being incurred
now to transport juveniles to other counties will go down.
Mr. Covington replied he doesn't think they know what it
will cost. The only time they'll really know that is when
the contracts are let. The 4.5 million has a lot of extras
in it and a lot of contingencies. The Commissioners may
~
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decide they don't want to spend money on some of the things
right now. However, the money they have from the bond
issue has to be spent on the facility. They can't go out
and spend it on roads or something else.
Mr. Sawyer asked if there was anyone from this end of the
County on the committee that planned the proposed facility.
It seems like they don't involve Schertz until it comes
time to vote for something for the county. Mr. Covington
replied he did not know.
Mr. Sawyer then inquired if the boot camp is the $180,000
playground referred to in the newspaper article. Mr.
Covington thought that may be a matter of wording as to
whether it's a playground or an exercise area. Mr. Sawyer
then mentioned a figure of $250 each for chairs and thought
that seemed rather expensive. Mr. Sawyer went on to say
that in the newspaper article Commissioner Ed Springs
expressed the opinion he didn't think we should be treating
these juveniles like angels when in reality they're devils.
Mr. Covington denied they are treated like angels, but
said a lot of them can be salvaged. Just because they do
something wrong, they don't throw them out the window with
the bath water.
Mr. Sawyer asked Mr. Covington if he can clarify the
$180,000 playground. Mr. Covington answered it is his
understanding it is an asphalt area with a basketball
court/recreational area and some kind of cover.
Mr. Potempa asked how much television the juveniles are
allowed to watch. Mr. Covington answered he thinks it's
used as a reward, no more than two hours at the most. They
don't just sit around and watch TV. A lot of the TV
watching is educational tapes such as behavior
modification.
Mr. McDonald asked if the design is set in concrete. Mr.
Covington replied it is not. The Commissioners can do
whatever they want. Mr. McDonald then asked what's wrong
with a steel building and a flat roof. We don't need a
fancy brick memorial to someone. Mr. Covington indicated
there was some discussion about a flat roof versus a peaked
roof and they decided to go with a peaked roof for the long
term maintenance.
Mr. Swinney asked how many proposals they looked and if
this was a rush decision. The taxpayers here in Schertz
are all for juveniles, but they want to know what the
options are. Mr. Covington mentioned the terms haven't
even been decided yet. They don't know if they will go
with a short term payoff or a long term payoff.
Mr. Potempa asked Mr. Covington to take a message back to
the Commissioners that when they have citizens advisory
panels, there are people in Schertz who want to serve.
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Council agreed there is a need for a juvenile facility.
Mayor Baldwin thanked Mr. Covington for his presentation.
Judge Cinnamon brought up the fact the facility they have
now is certified on a temporary basis. They have received
word from Austin that if this bond issue fails and/or the
facility is not improved, the certification will be
withdrawn. That means the County Commissioners or judges
would assume full liability.
At this time Larry Jones, County Treasurer, made his
presentation. He said he would like to answer all the
fiscal questions the Council asked Mr. Covington.
Everyone would vote for cutting down on juvenile crime, but
the problem with government is that cost becomes a factor.
How many resources do you want to spend on one problem? He
would like to address that issue and address the study
committee.
He has been friends with Judge Sagebiel for over ten years,
but they differ on how you present something. People want
to know how much this bond issue is going to cost them. A
court room was built, with tax dollars, in 1988 to take
care of an adult problem and has never been used for the
purpose for which it was designed. The proposed courtroom
is estimated to cost over half a million dollars and he has
facts to show it will never be used. Hearings will be held
in a probation office.
The exercise area is just asphalt with a couple of basket
ball courts and a covering and it supposedly costs
$180.000. They don't want to put the students at Schertz
Elementary under cover, but they do these juvenile
offenders.
Mr. Jones stated he has detailed plans and will be glad to
being them for the Council to see. He commended the
Council for doing their job and indicated the Commissioners
Court did not do theirs. They had a choice. This has been
a ten year battle. The information was late getting to
them. The ballots were at the printers. They found out
that morning it was 4.5 million. The morning before they
thought it was anywhere from 1.8 to 2.5 million. That's
why Ed Springs is mad.
This does not need our support. It needs to be defeated.
We need to come back in January or February and get a good
facility. We need a facility, but not at this expense.
This is three time the cost of State average. We do not
need frills. He said his information is not negative, it
is just information. He has the minutes of all the
meetings.
Mayor Baldwin told Mr. Jones he still hadn't answered the
question of how this thing got inflated from 1.8 million to
4.5 million. Mr. Jones reiterated they added an exercise
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area that is $180,000 and a court room that is $500,000 and
other frills that ran up the cost. They started with a
noble idea and then things got out of hand.
There was a brief discussion on the number of probation
officers, on how the rooms would be furnished, about the
fact the ballots have already been printed and what would
have to be done if the State withdraws its certification.
Mayor Baldwin thanked Larry Jones for his presentation.
Mr. Swinney commented they are not here to decide the
merits of the money. His problem with the whole situation
is that it gets so emotional. They all support the
juvenile facility, but this is a matter of economics. He
will vote no on the resolution as it is written. He cannot
support the statement that they compliment or support the
job that the County Commissioners and Judges did. He will
vote for a resolution supporting the juvenile facility, but
not supporting the job done by the County Commissioners and
Judges. He proposed an alternate to the resolution. He
suggested it all stay the same and they simply remove the
last paragraph and say instead they fully support the
juvenile probation center.
Mayor Baldwin reminded Mr.
Council passed a resolution
outlined. Mr. Greenwald
original resolution.
Swinney that on February
saying basically what he
asked what's wrong with
21st
just
the
Mr.
with
their
McDonald suggested eliminating the paragraph starting
"Whereas, a plan providing " - he doesn't like
plan.
Mr. Potempa felt the people of Schertz will not
this bond issue.
support
Mr. McDonald moved to resubmit Resolution No.
Mr. Swinney seconded the motion, which carried
following votes:
96-R-1.
with the
AYES: Councilmembers MCDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
Mr. McDonald asked that we
Commissioners, by letter, that we
left out of the process and don't
in cost .
convey to the County
are concerned about being
appreciate the escalation
Mr. Swinney asked that the County Commissioners be
informed we are fed up with illogical taxes.
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(1
#6
reading
annuity
ORDINANCE: Consider and
of ordinance granting
changes to TMRS.
take action on first
updated service/credit
Mayor Baldwin introduced an ordinance and read the caption
as follows:
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, AUTHORIZING AND ALLOWING UNDER THE ACT
GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM
(TMRS), "UPDATED SERVICE CREDITS" IN SAID SYSTEM
ON AN ANNUAL BASIS FOR SERVICE I,,~.....-..JED BY
QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE
r.r r r.CTIVE DATE OF THE ALLOWANCE ARE IN THE
EMPLOYMENT OF THE CITY OF SCHERTZ i PROVIDING FOR
INCREASED PRIOR AND CURRENT SERVICE ANNUITIES
FOR RETIREES AND BENEFICIARIES OF DECEASED
RETIREES OF THE CITY; AND ESTABLISHING AN
EFFECTIVE DATE FOR THE ORDINANCE.
Mr. Potempa moved to approve the first reading
ordinance granting updated service credit/annuity
to TMRS. Mr. Sawyer seconded the motion.
Before the vote, Mr. Sweatt reminded Council that while it
does provide for an annual repeating basis, it can be
voided by Council action.
of an
changes
Mr. McDonald asked if a retired employee has to elect a
beneficiary to get part of their pension and take a reduced
pension. Mr. Sweatt answered when an employee chooses to
retire, they designate their beneficiaries and it depends
on the option they select.
At this time a vote was taken and the motion carried as
follows:
AYES: Councilmembers McDonald, Potempa, Sawyer, Swinney
and Greenwald.
NAYS: None.
Before moving on to Item #7, Mr. Sawyer wanted it on the
record that Judge Cinnamon made a very good presentation
last week at the workshop regarding the juvenile probation
facility.
#7 CITY MANAGER'S REPORT: A. Thanked Council on
behalf of all the employees for the TMRS update.
B. Informed Council October 14th is a City holiday in
celebration of Columbus Day. Only the emergency services
will be open.
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#8 ITEMS BY COUNCIL: Mr.
City staff. He hasn't noticed
proliferation of illegal signs.
Sawver: Complimented the
any loose dogs lately or a
Mr. Swinnev: Mentioned he glanced
Pic-N-Pac on the way to the meeting and it
had painted over the graffiti. He'll
Morgan.
briefly at the
looked like they
check with D.C.
Mr. Greenwald: A. Stated someone needs to get hold of
Mr. Gutierrez again because 5:30 a.m. is not the time to
be banging dumpsters around at Clyde Ford Village.
Along that line, Mr. Potempa commented someone needs to
tell Mr. Gutierrez that those red bins in which they're
collecting recyclables are not big enough. If there's a
garbage can along side the red bin, they should dump it and
not leave it there unemptied. Mr. Sweatt mentioned that
in all the handouts they asked people to put newspapers in
a brown bag. Mr. McDonald remarked they won't take the
brown bag. Mr. Sweatt said they will empty the newspapers
out of it. It's simply for them to see it since they run
by so quickly. They consider that anything in a garbage
container is garbage and not recyclables. If you have too
many recyclables for the red bin, put them in something
other than a garbage can. Mr. Greenwald noted he has been
putting garbage on one side of the driveway and recyclables
on the other and it has been successful. Mr. Potempa
indicated that's not what he meant. The red bin is not
large enough to hold recyclables from a two-week period and
if you put recyclables in a different container and put
them alongside the red bin, they won't even look in to see
if it's recyclables, they assume its garbage. Mr. Sweatt
reiterated the need to put additional recyclables in
something other than a garbage can.
Mr. McDonald interjected a comment at this point. He
feels Dover Homes should be shut down until the problems
being encountered by Mr. Wolfe and others is corrected.
Mr. Sweatt explained Dover has ten days to come in with a
plan as to how they are going to solve that issue. Their
engineer has proposed regrading. He's not sure they will
ever satisfy Mr. Wolfe.
B. Announced that at the October 30th workshop there will
be a couple of people here to discuss alternative water
sources. Mr. Sweatt added that in that regard, they have
authorized an attorney to notify the water authority that
they are considering alternatives beyond the plan so it
won't be a big shock when the idea surfaces at one of the
Council meetings.
Mayor Baldwin related he had attended a meeting last
Wednesday in Comal County concerning the meeting that will
be held tomorrow night in the San Antonio City Council
chambers by the Edwards Aquifer Authority Board. They have
-11-
rewritten their procedures and policies that set the
guidelines for use of water out of the aquifer. They have
rewritten them to allow San Antonio to get out of this and
penalize anyone like New Braunfels who has alternative
sources of water. Someone has got to attend the meeting
and tell the EAA the rules are stacked in favor of San
Antonio and that the EAA Board is as rotten as anything
that was ever put together.
Mr. swinney announced that he had switched today from
Paragon Cable to Cable Max.
#9 ITEMS BY MAYOR: There were none.
#10 EXECUTIVE SESSION: Called under Chapter 551
Texas Government COde, Subsection 551.074, Personnel
Matters, to deliberate the appointment, employment,
evaluation, etc. of employee.
hour,
the
wanted
other
Mr. Potempa, because of the lateness of the
to cancel the Executive Session, but
Councilmembers wanted to go ahead with it.
An Executive Session was held from 9:30 p.m. to 9:58 p.m.
#11 Consider and take action, if any required, on
above Executive Session.
Mayor Baldwin reported Council completed it's evaluation of
the City Manager and gave him a full vote of confidence.
.12 ADJOURNMENT: On a motion by
seconded by Mr. Swinney and unani
meeting was adjourned at 10:00 p.m.
potempa
carried,
and
the
a~
MayO?, City of Schertz, Texas
ATTEST:
~ (If?:r4---<'/
City secretary, City of Schertz
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~
--.