03-13-2015 MinutesMINUTES
REGULAR MEETING
March 13, 2015
A Meeting was held by the Schertz Charter Review Commission of the City of Schertz,
Texas, on March 13, 2015, at 6:00 p.m., in the Hal Baldwin Municipal Complex
Administration Conference Room, 1400 Schertz Parkway, Building #2, Schertz, Texas. The
following members present to -wit:
Mark Davis Chair Michael Dahle — Vice Chair
Member Bert Crawford
Staff Present:
City Attorney Charles Zech
City Secretary Brenda Dennis
Robert Galindo
Guests Present:
Mr. Robert Brockman, 1000 Elbel Road, Schertz Texas.
Richard Dziewit, 2550 Chasefield, Schertz Texas
fall to Order
The meeting was called to order at 6:00 p.m. Chair Davis welcomed everyone and opened
the discussion up to any residents.
Minutes — Consideration and /or action approving the minutes of February 26, 20 f 5.
Chair Davis recognized Commission Member Crawford who moved, seconded by
Vice Chair Dahle to approve the February 26, 2015 minutes as written. The vote was
unanimous, motion passed.
2. Review, discussion and possible approval of proposed revisions to sections 6.06,
7.09, 7.10, 9.01, 9.02, and 9.03 based on the February 26, 2015 meeting discussions.
Mr. Zech had provided the following regarding Section 5.01 Appointment:
Qualifications; Compensation final version as voted by the members:
Section 5.01 Appointment; Qualifications; Compensation.
The City Council shall appoint a City Manager and fix his or her compensation. He
or she shall be chosen on the basis of his or her executive and administrative training,
experience, ability and character. He or she need not be a resident of the City or State
at the time of his or her appointment, but he or she must agree, prior to such
appointment, to become a resident of the City within four months after the date of his
or her appointment. If he or she thereafter fails to become a resident of the City
within that four -month period, he or she shall be deemed to have forfeited his or her
appointment and the office shall be declared vacant by announcement of the Mayor at
03 -13 -2015 Charter Minutes
the first meeting of the City Council following the expiration of the four -month
period. The City Manager shall serve at the will and pleasure of the City Council.
He or she shall be employed for or relieved from his or her duties by a vote of a
majority of the members of the entire City Council. Ott the t:ee ,r,mend fie of th-e
appointees.
The commission members reviewed draft wording to update Section 6.06 as follows:
Section 6.06 City Secretary
(a) The City Council shall appoint a City Secretary who shall act as Secretary of
the City Council and who shall hold office at the pleasure of the City Council.
The City Secretary shall be the clerical officer of the City Council, and shall
keep the minutes, agenda, ordinances and other official records of the City
Council and the City. The City Secretary shall be the custodian of the official
seal of the City, and shall have such other duties and powers prescribed in this
Charter and by the City Council. The City Council will set the compensation
for the City Secretary. The City Secretary shall report administratively to the
City Manager but may be removed from office only by the City Council.
(b) Upon approval by City Council of the position(s), the City Secretary may hire
a deputy or deputies. The Deputy or Deputies shall report directly to the City
Secretary.
Chair Davis recognized Vice Chair Dahle who moved, seconded by Commission
Member Crawford to approve Section 6.06 as amended. The vote was unanimous,
motion passed.
The commission members reviewed draft wording to update Section 6.07 final
version as voted by the members:
Section 6.07 Tax Assessor - Collector.
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The intent is to delete the whole section as discussed previously.
The commission members reviewed draft wording to update Section 7.05 final
version as voted by the members:
Section 7.05 Capital Improvements Program.
The intent is to delete the whole section as discussed previously.
The commission members reviewed draft wording to update Section 8.01 final
version as voted by the members:
Section 8.01 Planning and Zoning Commission.
There shall be a Dlanfii T and Zoning Commission, eempas `7ccrof five of more
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The intent is to delete the whole section as discussed previously.
The commission members reviewed draft wording to update Section 7.05 final
version as voted by the members:
Section 7.05 Capital Improvements Program.
The intent is to delete the whole section as discussed previously.
The commission members reviewed draft wording to update Section 8.01 final
version as voted by the members:
Section 8.01 Planning and Zoning Commission.
There shall be a Dlanfii T and Zoning Commission, eempas `7ccrof five of more
03 -13 -2015 minutes Page - 3 -
1111!X111P SUM
The intent is to delete the whole section as discussed previously.
The commission members reviewed draft wording to update Section 7.05 final
version as voted by the members:
Section 7.05 Capital Improvements Program.
The intent is to delete the whole section as discussed previously.
The commission members reviewed draft wording to update Section 8.01 final
version as voted by the members:
Section 8.01 Planning and Zoning Commission.
There shall be a Dlanfii T and Zoning Commission, eempas `7ccrof five of more
03 -13 -2015 minutes Page - 3 -
k 0 ON- Up"I" W.W. d" WON I
The intent is to delete the whole section as discussed previously.
The commission members reviewed draft wording to update Section 8.02 final
version as voted by the members:
Section 8.02 Board of Adjustment.
appheable laws of the Stat�—,
The intent is to delete the whole section as discussed previously.
Section 9.01 City Elections.
(a) The regular City election shall be held annually on the uniform election date
in November, or at such other times as may be authorized or specified by
State Law, at which time officers will be elected to fill those offices which
become vacant that year.
(b) The City Council shall fix the place for holding such election.
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(a) The regular City election shall be held annually on the uniform election date
in November, or at such other times as may be authorized or specified by
State Law, at which time officers will be elected to fill those offices which
become vacant that year.
(b) The City Council shall fix the place for holding such election.
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(c) The City Council may, by ordinance or resolution, order a special election, fix
the date and place for holding same, and provide all means for holding uch
special election.
Chair Davis recognized Vice Chair Dahle who moved, seconded by Commission
Member Crawford to table to the next meeting. The vote was unanimous, motion
passed.
Section 9.02 Candidates.
(a) Any person having the qualifications set forth for- r,,,,,,, ilmeY, bef tin
Section 4.02 of this Charter shall have the right to file an application to have
his or her name placed on the official ballot as a candidate for any one elective
office. suEhh—as Nla- ye,Getmeilmember tee Plaee One, Ce eil , ,, be nl., °
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address, telephone number, d4e of > > shall be
pr-�-sefibed by Texas Eleefieii Code, and sha4l be filed with the City Seer-etat:y
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L Any such application shall be in writing, signed by such candidate, and
filed with the City Secretary in accordance with the Texas Elections Code
and this Charter.
2. An application file in accordance herewith shall entitle such applicant a
place on the official ballot.
(b) A candidate of the City Council shall specify the place number or position the
candidate is seeking.
(c) A filing fee of five dollars, or such other amount as may hereafter be set by
the City Council, must be paid to the City Secretary by each candidate upon
presentation of his or her application. The filing fee shall be waived if the candidate
states in writing that payment thereof will constitute a financial hardship.
Members discussed leaving the word "under" in the first sentence of section (a).
Chair Davis recognized Commission Member Crawford who moved, seconded by
Vice Chair Dahle to table to the next meeting. The vote was unanimous, motion
passed.
Section 9.03 Determination of Election Results.
Chair Davis recognized City Attorney Charles Zech who stated that this section
would have to change if the decision was to go to three (3) year Terms. Members
discussed this item.
Section 9.03 Determination of Election Results.
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Mayor-, Gebmeilmembef Plaee One, ete., whe shall have r-eeeived the mest votes
eaehofflee east in stieh eleette =, shall be deelafedeleeted. —In the event no candidate
for an elective office receives a majority of the votes cast for that place in the eg neral
or special election, a run -off election shall be held between the two (2) candidates
who received the greater number of votes. In the event a tie vote makes it impossible
to determine the winning candidate or candidates, resolution of such tie shall be
decided as provided in the Texas Election Code.
Chair Davis recognized Commission Member Crawford who moved, seconded by
Vice Chair Dahle to Table to the next meeting. The vote was unanimous, motion
passed.
Section 7.09 Lapse of Appropriations.
Every appropriation, except an appropriation for a capital expenditure, shall lapse at the
close of the fiscal year to the extent that it has been expended or encumbered. An
appropriation for capital expenditure shall continue in force until the purpose for which
it was made has been accomplished or abandoned: the purpose of any such
appropriation shall be deemed abandoned if three years pass without any disbursement
from or encumbrance of the appropriation.
Chair Davis recognized Assistant Finance Director Robert Galindo and Budget /Finance
Analyst James Walters who stated that they have a few recommended changes and
would get with the City Attorney with draft language.
Section 7.10 Director of Finance.
Chair Davis also recognized Mr. Galindo and Mr. Walters and it was the consensus to
have finance get with the City Attorney to provide updated language to this section.
3. Review City of Schertz Charter Articles X, XI, and XII and consider any
recommendation for amendments thereto.
Chair Davis and member present did not discuss this section, as they wanted the full
commission present.
4. As necessary discuss planned review of the City of Schertz Charter for next
scheduled meeting.
Members discussed that the next meeting will be Monday March 30, 2015 at which
time they will review and discuss sections 7.09. 7.10, 9.01, 9.02, and 9.03 and start
articles X, XI and possibly XII.
Adiournment
As there was no further business, a motion was made by Vice Chair Dahle, seconded by
Commission Member Crawford to adjourn the March 13, 2015 meeting at 6:28 p.m. The
vote was unanimous, motion passed.
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Chair Mark Davis
Brenda Dennis, City Secretary
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