12-10-2012 MinutesIVIINUTES
REGULAR MEETING
December 11, 2012
A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on December
11, 2012, at b:00 p.m., in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz
Parkway, Building #4, Schertz, Texas. The following members present to-wit:
Mayax Michael R. Carpenter
Councilmember David Scagliola
Councilmembex Jim Fowler
Councilmember Cedric Edwards
Staff Present:
Executive Director John Bierschwale
Chief of Staff Bab Cantu
City Attorney Michael Spain
City Secretary Brenda Dennis
Mayor Pro-Tem George Antuna, Jr. was absent.
CALL TO ORDER:
City Manager Jahn C. Kessel
Executive Director Brian James
City Attorney Katherine Tapley
City Attorney Samantha Dyal
Deputy City Secretary Cynthia Raleigh
Mayor Carpenter called the Regular Meeting to order at b:00 p.m.
INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED
STATES AND THE STATE OF TEXAS.
Councihnember Fowler gave the invocation followed by the Pledges of Allegiance to the Flags of the
United States and the State of Texas.
Ci Events and Announcements
Announcements of upcoming City Events (D. Harris/J. Bierschwale/B. James)
Announcements and recognitions by City Manager (J. Kessel)
Mayor Carpenter recognized Executive Director Brian James who stated that there has been
good progress on the Playscape and is offering Council an opportunity to take a tour. If the
Council is interested please contact either George Logan or Sandy Bryant.
Mayor Carpenter recognized City Manager John Kessel who stated that the Municipal Court
Clerks recently achieved their Level 1 and Leve12 status. Mr. Kessel also read a note thanking
311 Operator Sherry Davis for her outstanding customex service.
Mayor Carpenter recognized Boy Scout Magnas Stanley with Troop 512 who was in the audience this
evening. _
Hearina of Residents
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This time is set aside for any person who wishes to address the City Council. Each person should fall
aut the speaker's register prior to the meeting. Presentations should be limited to no more than 3
minutes.
All remarks shall be addressed to the Council as a body, and not to any individual member thereof.
Any person makingpersonal, impertinent, or slanderous remarks while addressing the Council may be
requested to leave the meeting.
Discussion by the Council of any stem not on the agenda shall be limited to statements of specific
factual information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in
the order they have registered.
Mayor Carpenter recognized the following people who spoke regarding filling .the City Council
vacancy:
• Mr. David Britton, 3932 Arroyo Dorado
• Mr. Ed "Grumpy" Azzoz, 528 Wayward Pass
• Dr, Michael Springs, 27b Victoria Point
Mayor Carpenter also recognized Ms. Clare Layton, 12231 Lost Meadows, who requested the new
Schertz 78108 zip code address be added to the Schertz Magazine mail listing.
Workshop Items
• Discussion regarding the Lower Seguin TIRZ. (J. KesseUB. James)
Mayor Carpenter stated that staff has recommended that this item be postponed. Council
concurred.
• Discussion regarding the procedures to fill a vacancy on City Council and the appointment of a
Mayor Pro-Tem. (M. Carpenter/Council)
Mayor Carpenter stated that he would like to get the thoughts from Council regarding setting
procedures in filling a vacancy on City Council. He stated that in past the City has taken
several paths in filling a vacancy. He stated the Council has appointed someone, and the City
has also held a special election. He stated another option is Council can take no action until
November of next year.
Mayor, Council, and staff provided their comments and thoughts regarding which way the
Council should fill the vacancy. Mayor and Council discussed the process by which the
Council should appoint someone and stated that any qualified candidate could fill out an
application and provide a letter of intent. The whole Council would review the applications and
set up interviews. The interview process would be conducted at a public meeting which would
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be open to all citizens. Mayor and Council provided the following bulleted information as
discussed for staff to prepare a draft document for Council review:
• Complete Application with letter of intent
• Full Council review all applications
• Public forum interview with full Council Candidates
Council also requested a phrase be placed in the Rules of Procedures which states "Council
reserves the right to alter this procedure at any time. "
Mayor and Council also discussed the process by which the Mayor Pra-Tem should be
selected. Council concurred to continue a six-month rotation with restrictions that a
Councilmember must be in good standing and that they should have been on the Council for
one election cycle, and fmally that the nomination be ratified by the whole Council. Mayor
and Council also discussed the need for written procedures of removing a Mayor Pro-Tem for
cause and that it would take a vote of the majority of Council to remove them. Mayor and
Council discussed moving the six-month rotation to April and September. Council also wanted
a phrase in Rules of Procedures that states "Council reserves the right to alter this procedure at
any time. "
Mayor and Councilmembers also stated there needs to be procedures written of removing a
Mayor Pro-Tem for cause and that it would take a vote of the majority of the Council.
• Discussion regarding Council Liaison positions on the various City boards and commissions.
(M. Carpenter/Council}
Mayor and Council discussed their current Council Committee and Liaison assignments and
felt no change was necessary at this time as they were happy with their current assignments.
Mayor and Council concurred to continue to serve on them.
Consent Agenda Items
The Consent Agenda is considered to be 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 by the Mayor or a Councilmember.
Minutes -Consideration and/or action regarding the approval of the minutes of the Special
Meeting of November 30, 2012, and the Regular Meeting of December 4, 2012. {J. KesselB.
Dennis}
2. Resolution No. l.2-R-J06 -Consideration and/or action approving a Resolution authorizing a
professional services agreement with Jackson A&E Associates, Inc, in connection with the
skate park construction. (J. Kessel/B. James)
The following was read into record;
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RESOLUTION NO. 12-R-106
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT -WITH JACKSON A
& E ASSOCIATES, INC. IN CONNECTION WITH THE SKATE PARK
CONSTRUCTION, AND OTHER MATTERS IN CONNECTION THEREWITH
3. Resolution Na. 12-R-116 -- Consideration and/or action approving a Resolution supporting the
intervention efforts of the Schertz-Cibolo-Universal City Independent School District~regarding
the Lower Calorado River Authority's transmission line project in the City of Schertz,
specifically in connection with the Schertz-Cibolo-Universal City Independent School District's
opposition to the Lower Calorado River Authority's proposed transmission line segment "S". (I.
Kessel/D. Harris)
The following was read into record:
RESOLUTION NO. 12-R-116
A RESOLUTION OF THE CITY ~ COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
SUPPORTING THE INTERVENTION EFFORTS OF THE SCHERTZ-CIBOLO-
UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT REGARDING THE
LOWER COLORADO RIVER AUTHORITY'S TRANSMISSION LINE PROJECT IN
THE CITY OF SCHERTZ, TEXAS, SPECIFICALLY IN CONNECTION WITH THE
SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT'S
OPPOSITION TO THE LOWER COLORADO RIVER AUTHORITY'S PROPOSED
TRANSMISSION LINE SEGMENT {S); AND OTHER MATTERS IN CONNECTION
THEREWITH
4. Resolution No, 12-R-117 -Consideration and/or action approving a Resolution authorizing a
Permanent Waterline Easement and Temporary Construction Easement Agreement with DASI,
LLC. (J. BierschwalelS. Willoughby)
The following was read into record:
RESOLUTION NO. 12-R-1.17
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING ACCEPTANCE OF A PERMANENT WATERLINE EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH DASI,
LLC AND OTHER MATTERS IN CONNECTION THEREWITH
Mayor Carpenter recognized Cauncilmember Fowler who moved, seconded by Councilmember
Scagliola to approve the consent agenda items 1, 2, 3, and 4. The vote was unanimous .with
Councilmemhers Fowler, Scagliola, and Edwards voting yes and no one voting no. Motion
carried:
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Discussion andlor Action I#ems
5. Ordinance No. 12-T-32 -Consideration andlor action approving an Ordinance authorizing a
budget adjustment to the General Fund to establish the Public Works Building Maintenance
Division. (First Reading} (J. BiexschwalelD. Haxris)
The fallowing was read into record:
ORDINANCE NO. 12-T-32
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AUTHORIZING A BUDGET ADJ[JSTMENT . TO THE GENERAL FUND TO
ESTABLISH THE PUBLIC WORKS -BUILDING MAINTENANCE DIVISION;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT.
WITH THIS ORDINANCE; AND PROVIDING AN EFFECTTYE DATE
Mayor Carpenter recognized Executive Directox John Bierschwale who introduced this item
stating that action requested of Council transfexs two positions and related expenditures from
Public Affairs -Facilities Maintenance to Public Works -Building Maintenance creating a new
division of Building Maintenance within Public Works. The new division will allow Public
Woxks more staff to better assist building maintenance if needed and improve efficiency.
There is no fiscal impact. The adopted budget for FY 2012-13 will remain the same. Staff
recommends approval.
Mayor Carpenter recognized Councilmember Edwards who moved, seconded by
Councilmember Fowler to approve Ordinance No. 12-T-32 on first reading. The vole was
unanimous with Councilmembers Fowler, Scagliola, and Edwards voting yes and no one
voting no. Motion carried.
Roll Call Vote Confirmafion
Mayor Carpenter recognized City Secretary Brenda Dennis who recapped the votes for agenda items
1, 2, 3, 4 and 5.
Executive Session
Mayor Carpenter recessed the regular meeting into executive session at 7:24 p.m.
Called under:
Section 551.471 Texas Government Code Litigation, pending or contemplated litigation;
Section SS1A72 Texas Government Code -Deliberation regarding the purchase, exchange, sale,
lease, or value of real property, or real estate;
Section 551.474 Deliberation regarding personnel matters, policies, duties, employment, and
evaluation of certain public officials and employees;
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Section 551.074 Texas Government Code - Deliberation regarding persozAnel and the
appointment, employment, evaluation, reassignment, duties, discipline, ar dismissal of the City
Attorney;
Section 551.087 Texas Government Code -Deliberation regarding economic Development
Negotiations.
Reconvene_into Regular Session
Mayor Carpenter reconvened iota regular session at 8:40 p.m.
6. Take any action deemed necessary as a result of the Executive Session.
No action taken.
Re uests and Annoancements
7.
S.
9.
10.
Announcements by City Manager
• Citizen Kudos
~ Recognition of City employee actions
• New Departmental initiatives
Mayor Carpenter recognized City Manager John Kessel who stated that on Saturday,
December 1 S, 2012 the SCUCISD Cibolo Chapter FFA will be hosting a Craft Fair at the Toby
Conner Ag Complex in Cibolo.
Mr. Kessel also announced that on Thursday, December 13~' from S a.m. to 12:15 p.m. the
EMS Department will be hosting a blood drive. Everyone who donates will receive a free t-
shirt and will be entered to win one of four (4) iPads that the blood bank is giving away far
Christmas. Mr. Kessel stated that Mrs. Barbara Baldwin is still in need of blood and to let the
technicians know that you would like to donate to her.
Requests by Mayor and Councilmembexs that items be placed on a future City Council agenda.
No items requester
Requests by Mayor and Councilmembers to City Manager and Staff for information.
Mayor Carpenter recognized Councilmember Edwards who asked if staff had received
information from the Hero's Foundation in requesting that the City waive certain permit fees.
City Manager John Kessel stated that he would have staff provide him with axz update on the
project.
Announcements by Mayor and Councilmembers
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• City and community events attended and to be attended
• City Council Committee and Liaison Assignments
• Continuing education events attended and to be attended
• Recognition of actions by City employees
• Recognition of actions by community volunteers
• Upcoming City Council agenda items
Mayor Carpenter recognized Councilmember Fowler who stated he attended the following
event:
• Wednesday, December 5, 2012, attended the 2012 Annual AACOG Board of Directors
meeting.
• Thursday, December 6, 2012, Ribbon cutting at Raising Canes, the Frost Bank Santa
event and open house, and the Chamber of Commerce after hours mixer hosted by
Interstate Battery.
• Friday, December 7, 2012, attended the Festival of Angels Event at the Hal Baldwin
Municipal Complex.
• Monday, December 10, 2012, attended the Schertz Housing Authority Board meeting.
Mayor Carpenter recognized Councilmember Scagliala who stated he attended the following
event:
• Thursday, December 6, 2012, Ribbon cutting at Raising Canes, the Frost Bank Santa
event and open house, and the Chamber of Commerce after hours mixer hosted by
Interstate Battery.
• Friday, December 7, 2012, attended the Festival of Angels Event at the Hal Baldwin
Municipal Complex.
Mayor Carpenter recognized Councilmember Edwards who stated he attended the following:
• Friday, December 7, 2012, attended the Festival of Angels Event at the Hal Baldwin
Municipal Complex.
• Monday, December 10, 2012, attended the Steve Simonson Community Service
Awards luncheon.
Mayar Carpenter mentioned he and a group of City Officials toured Cal-Tex Protective
Coatings today as part of a series of visits to Schertz Companies. Mayor Carpenter also stated
that the Festival of Angles event this year was the best by far and best experience. He was very
impressed with the set up this year and haw well it worked.
Adlournmen~t
As there was no further business, the meeting_was adjourned at 8:53, .
12-11-2012 Minutes
ATTE
a ennis, TRMC, MMC, CPM, City Secretary
Mayor Michael R, Carpenter
12-11-2012 Minutes