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ccss 08-05-1983 ~6 SPECIAL MEETING OF THE CITY COUNCIL AUGUST 5, 1983 The Schertz City convened in Special Session, Friday, August 5, 1983, at 7:00 P.M. in the Conference Room of the Municipal Complex, 1400 Live Oak Road with the following members present: Mayor Earl W. Sawyer, pre- siding; Councilmembers Charles B. Sharpe, Hal Baldwin, Ross Hoover, and Adolph Aguilar. Absent: Jacqueline Lawler. Staff present were City Manager Jimmy G. Gilmore, Chief of Police James Keith and City Secretary June G. Krause. Mayor Sawyer opened the meeting, saying he had called the Special Session as a result of the newspaper articles and rumors concerning ex-employee Raymond Sewell being arrested in Austin. As there have been many versions of what happened, he would like the City Manager to brief Council so the right word would be presented. Mr. Gilmore said that we did have something happen that is embarrassing to the City; however, we canlt answer for this man. We donlt know what he did~ Chief Ketih did go to Austin and talked to the arresting officers. The story is different than what is in the papers. Mr. Gilmore had also talked to Paul Sexton, the attorney who is representing us on Civil Rights. Mr. Sewell did resign verbally on the 25th of July and he was asked for a letter of resignation, which has not been sent to us. The prima facie evidence is that he did not return to work from the 25th; the fact of him being "EX" instead of a police officer is based on that fact, that he did not return to work after resigning. Mayor Sawyer said that this is not an executive session but an open meeting and what Council needs is to find out the right story. Chief Keith gave this account of what happened as far as he knew. He got a telephone call about 4:30 Thursday evening and was asked if Ray Sewell worked here and if he has his ID. Chief said he did not work here but he had not turned in his ID yet. He could not get any additional informa- tion at that time so Chief Keith went to San Marcos and to Austin to find out what it was all about. In talking with the undercover agents of the Crime Force in Austin, he learned that they had been observing a Mr. Stewart and Palmire and within the last week or so Ray made contact with Palmire and at that time, he became a part of the investigation. Two days prior, Palmire and Sewell offered the undercover agents one to two grams of cocaine as a sample of what they intended to sell to them. When they were arrested, they did not have any cocaine on them, only a folded blanket in the attache case. Mr. Keith said he asked if Sewell had been a subject of investigation for a long time and was told no. Mr. Gilmore pointed out that they were not in Sewell IS car when arrested as stated in the papers - Sewell's car is at his apartment and has been all along. o o Mr. Baldwin asked if Mr. Sewell IS apartment had been searched. Chief Keith said there is no reason to search it. Our attorney advised at this time that we not go in there. Vi Galloway talked with Sewell in Austin and he gave verbal permission to go in his apartment and get whatever city property was there and Sewell apologized for embarrassing the City. But as the 0 attorney advised against going in, we have not done so. Chief Keith said they had set bond on Sewell at $25,000. ,,'. ,..j>+"-ri",,,,";oi: ",;, "'" lI" 97 r I ' l Mayor Sawyer said that according to some of the paper reports, there is some question as to whether Sewell still worked for the City or not. Mr. Gilmore said he had talked with a reporter for Channel 4 TV and she said that she had received a call about this and also said that the City Manager had resigned. Mr. Baldwin said he would like to establish, if we can, if he was an employee or not. Mr. Gilmore explained about his resigning and Chief Keith said Sewell had been contacted on three different occasions to get the letter of resigna- tion and Sewell indicated that the reason he had not brought it in was that he was sick. The Chief also said that he had turned in Sewell's commission to the State on Monday cancelling Sewell's corrmission as a police officer with the City of Schertz. Mr. Aguilar was concerned that Sewell would be released and would clean out his apartment and we would not get his badge, etc. that belongs to the city. Chief said the Federal officers had taken Sewell's ID and handcuffs and are holding them. When Mr. Baldwin asked if Chief had ever had any information about Sewell dealing in drugs, Chief Keith said no or he would have arrested Sewell. Mr. Baldwin also said that when Sewell was questioned by Chief earlier on some information verbally received about incidents in San Antonio, why wasn't he suspended at that time. Mr. Sharpe said he didn't follow that logic for when the man said I quit, how are you going to suspend him. Mr. Gilmore said that he did not have anything concrete to suspend him on even before he resigned - that you cannot suspend or fire an employee on heresey, you have to have facts to prove it. Council discussed the need to get our police department back up to strength as soon as possible. . At this point, Mayor Sawyer called an Executive Session at 7:53 P.M., under Article 6252-17 of Vernon's Texas Civil Statutes, Section 2 (g) on personnel. The Special Session was reconvened at 9:15 P.M. by Mayor Sawyer, who said the Mayor had been given certain instructions by the City Council that he would pursue. r, i \ Mr. Sawyer said that in replacing Mrs. Lawler, who has indicated that she would be resigning, that he would like for Council to appoint somebody that has been actively involved with the City. When asked if the appointment could be for the remaining term of office or not, Mayor Sawyer explained that the first time that came up staff contacted TML and was told that Council appointed only until the next regular election which will be in April 1984. Mr. Aguilar suggested taking Mrs. Lawler and her husband out for a meal in addition to giving her a plaque, which was quickly agreed with by the other councilmembers. r- J There being no further discussion, Mayor Sawyer declare at 9:23 P.M. e meeting adjourned 98 SPECIAL MEETING OF THE CITY COUNCIL AUGUST 10, 1983 The Schertz City Council convened in Special Session, Wednesday, August 10, 0,)1 1983 at 7:00 P.M. in the Conference Room of the Municipal Complex, 1400 Live Oak Road with the following members present: Mayor Earl W. Sawyer, presiding; Charles B. Sharpe; Hal Baldwin; Ross Hoover and Adolph Aguilar. Absent: Jacqueline Lawler. Staff were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. #1 HEARING OF RESIDENTS: Members of the Library Board wished to re- serve time for Item #3 on the budget. #2 DISCUSSION OF ANNEX G TO THE EMERGENCY MANAGEMENT PLAN: Mayor Sawyer called attention to the requested changes to the Annex to the Emergency Management Plan. The first being change the designation to read "Annex Q"; on page 8 change from "County Environment" to State Environment" and on page 10 change from "Updating this plan" to "Updating this Annex". Mr. Gilmore explained that this annex pertains to hazardous materials, the procedures for taking the proper emergency response action following any accidental spills, etc. Page 3 gives the list of those to be notified in the event of an emergency concerning hazardous materials. Mr. Aguilar asked if only titles could be used on page 3 as the named indi- viduals may change frequently. It was pointed out that there may be a state requirement for the names being listed but this will be checked out. At this time, Mayor Sawyer asked to pass over #3 and go on to No. 4 as our Attorney was present to brief Council. #4 EXECUTIVE SESSION: Mayor Sawyer called an executive session at 7:10 P.M. under Article 6252-17 V.T.C.S., o Section 2 (e). The meeting was reconvened at 8:42 P.M. #3 BUDGET WORKSHOP: Mr. Gilmore briefly pointed out some of the changes Council had requested that had been made, primarily to the Recapitulation page and police department budget. He also pointed out that the Animal Control Contract with Randolph will be greatly decreased in the 1983-84 budget as they have changed for two-hour patrols each workday to on-call pickup of animals. Mr. Baldwin again said although he was in agreement with the increases in the police salaries, he hoped that there were no positions held open in that department. He also said he still does not think the contingency in the General Fund should be in there. Mr. Aguilar said he noticed in the Library budget, the book allocation budget line item had been reduced. Mrs. Tienor, of the Library Board, said the $54 reduction in book allocation L~ would hurt the Library's standing with the State Library Board. The State ) says you must at least maintain the appropriation. She mentioned that the increase in the budget went into the Librarian's salary and they appreciated > . . .~. ~. qg '-' that and the fact that she is a full-time employee; but they really would like for the book allocation to at least remain the same. r ( . Mr. Baldwin suggested that instead of just making it the same to make it an even $5,000. Council concurred with this. Mayor Sawyer said that he agreed with the majority of the Council in that the $35,000 should be left in the administration contingency and used for legal fees and if any left over, we know the Fire Department is going to be asking for $30,000 or so for a new truck so use the balance of this fund for that. #5 CITY MANAGER'S REPORT: Mr. Gilmore had nothing #6 ITEMS BY COUNCIL: Mr. Hoover briefed Council on meetings with the Humane Society and Animal Control Officer. He advised there will be another meeting on Monday at the Savings & Loan Building and asked Council to attend if possible. Mr. Baldwin advised that a 12 year old girl from his neighborhood was killed in another wreck on FM 1604. This is a very dangerous stretch of road and he wondered if there was anything Council could do to see if something could be done about this, although he realized it is not even in our County. Mayor Sawyer said perhaps Council could write letters to the DPS, Bexar County Commissioners and perhaps Guadalupe County Commissioners. Mr. Sharpe said that along those same lines, the Texas Health Facilities had turned down both hospital applications in this area. It might help for those r that are concerned to write their representatives and let them know how we I feel about needing a hospital in our area. I , Mr. Sharpe said that in one of the workshops it was discussed about the alley in back of Maple Drive. He drove down there and there are at least two junked cars there that look as if they have been there for months. Mr. Sharpe also asked if there was anything new on construction or grants. Mr. Gilmore said we had gotten notice that the grant application for water lines had been received and they will take about 60 days to look at it. He said he had talked with Dr. Leary and he does not feel that we are eligible CDGB grant except perhaps a planning grant. Mr. Gilmore also reported that he had been contacted by several people on FM 1518, in U.C.'s ETJ, who went to U.C. for water or to be released to the City of Schertz and Universal City turned them down flat. The citizens can't petition for annexation to Schertz since we have an ordinance on an ETJ agreement between Schertz and Universal City. Mr. Aguilar asked the status of the Live Oak Road improvements. Mr. Gilmore had been advised by the Highway Department that they will get a final declara- tion and if approved maybe breaking ground in December or January. r #7 ITEMS BY MAYOR: Mr. Sawyer said he had had a talk with the Chief of Police, who told him they had caught burglars in action at the Schertz Elementary School through neighborhood watch type of information. 100 Mr. Sawyer also said the library building is coming along real well and invited Council to stop in and take a look at the progress being made. #8 ADJOURNMENT: o ATTEST: REGULAR MEETING OF THE CITY COUNCIL AUGUST 16, 1983 The Schertz City Council convened in Regular Session, Tuesday, August 16, 1983 at 7:00 P.M. in the Council Chambers of the Municipal Complex, 1400 Live Oak Road with the following members present: Mayor Earl W. Sawyer, presiding; Charles B. Sharpe; Hal Baldwin; Ross Hoover'; Adolph Aguilar and Jacqueline 0\' Lawler. Staff were City Manager Jimmy G. Gilmore and City Secretary June G. Krause. PUBLIC HEARING: Mayor Sawyer opened the Public Hearing and explained it was being held jointly with the Planning and Zoning Commission to receive input from citizens on a request by Mr. Glen Westrom to rezone approximately 4 acres of land to General Business and approximately 179 acres to a Planned Residential Unit Development (PRUD). Said land being 199.18 acre tract out of the T. Herrera Survey No. 68, Guadalupe County, at 2500 through 3000 block of FM 3009, being approximately 1900 feet along the westerly side of FM 3009, approximately 2000 feet north of Live Oak Road and approximately 4400 feet in depth from FM 3009 in a westerly direction. P&Z Chairman John Linebarger explained the procedures for the public hearing, saying that if any citizens wished to discuss this project now is the time. After the public hearing the P&Z will meet and have 10 days to give their recommendations to Council but the public will not have an opportunity to speak at that meeting. He then introduced Mr. Glen Westrom, representing the development company. Mr. Westrom presented a plat of the area under discussion, saying that since it had originally been submitted to the P&Z, it has become a little more definitive. He explained the on the plat the different types of development and gave tentative time schedules for the three phases of development. He also said that most likely what had been planned for apartments would now 0 be utilized by garden homes but in all probability the density will not be , as great as at first presented. ...:.:;,;&, ...