04-15-2015 MinutesMINUTES
REGULAR MEETING
April 15, 2015
A Meeting was held by the Schertz Charter Review Commission of the City of Schertz,
Texas, on April 15, 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
Commission Member Bert Crawford
Commission Member Regina Agee
Commission Member Jana Volitis was absent
Staff Present:
City Attorney Charles Zech
City Secretary Brenda Dennis
City Manager John Kessel
Assistant Finance Director Robert Galindo
Budget /Finance Analyst James Walters
Finance:
Guests Present:
No quests were present
Call to Order
The meeting was called to order at 6:04 p.m.
1. Minutes — Consideration and/or action approving the minutes of March 30, 2015,
meeting.
Chair Davis recognized Vice Chair Dahle who moved, seconded by Commission
Member Crawford to approve the March 30, 2015 minutes as written. The vote was
unanimous, motion passed.
Chair Davis requested to change the order of the meeting, specifically to address Agenda
Item 3, Article VII Financial Procedures first, in order to accommodate the members of the
finance department in attendance at the meeting. All commission members agreed to begin
with Item 3.
3. Review City of Schertz Charter Article VII Financial Procedures and consider any
recommendations for amendments thereto.
The commission reviewed the following recommendation for revisions to Article VII,
as presented by the City Manager and members of the Finance Department.
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ARTICLE VII. - FINANCIAL PROCEDURES
Sec. 7.01. - Fiscal Year.
The fiscal year of the City shall begin on the first day of October and end on the last
day of the following September. Recommendation is to keep as is. The fiscal year
should not be subject to change with regularity. The same fiscal year creates a strong
foundation for consistent financial information.
(Election of 5- 13 -00)
Sec. 7.02. - Submission of Budget.
The City Manager shall submit to the City Council a budget for the ensuing fiscal
year and an accompanying message not later than sib fifty days prior to the
beginning of each fiscal
year.
Recommendation is to keep this section in the charter with the revision to 50 days.
The State law says 30 days. The tax assessor is required to certify the tax roll on July
25. We usually get that information at the end of the next business day. Depending on
when the weekend falls, we may only have two working days to notify management
of the actual taxable valuation, meet with department heads, make any necessary
adjustments to the budget, review the last minute changes for accuracy and finalize
the budget for council presentation.
(Election of 5- 13 -06)
Sec. 7.03. - Budget Message.
Recommendation is to remove See. 7.03 from Charter since it could be included in
the financial policies.
0,71ection oJ'4 -7 -79, 5 -6 -89. 5- 1a -O(i)
Sec. 7.04. - Budget Contents.
Recommendation is to remove Sec. 7.04 since it is governed by state law and the
budget contents can be included in the financial policies.
3 -30 -2015 minutes Page - 2 -
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Recommendation is to remove See. 7.03 from Charter since it could be included in
the financial policies.
0,71ection oJ'4 -7 -79, 5 -6 -89. 5- 1a -O(i)
Sec. 7.04. - Budget Contents.
Recommendation is to remove Sec. 7.04 since it is governed by state law and the
budget contents can be included in the financial policies.
3 -30 -2015 minutes Page - 2 -
An a"ysis of la-3E r-a4e.
T��„ levies and twx , elleefie,,s by t s f f the „ e. ing five
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Detailed estimates ef e:xpendiWfes shown separately fer- eeteh aefivity to stippeft �he
and the fate of pay,
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A,,''ll, and e)ipeiise sta +e -,o„+ fir all types of l,ands_
(k)
A deseription of all bend issues e > >
date, eall d4e, afty, aiffieunt authefized, ameupA issued, and am
fit„ +�,
(1)
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(H)
The appfapfiaden fdif
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(Election nf'4- ' -;��, 5- 13 -06)
See. 7.05. - Capital Improvements Program.
Recommendation is to remove this section since it is not clear. It states The City
Manager may prepare and submit....... A capital Improvements Program could be
included in the financial policies.
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(Election oJ'4 -7 -79; 5 -6-89, 5- 13 -00)
Sec. 7.06. - City Council Action on Budget.
Recommendation is to remove Sec. 7.06 except for (c) below. This section is
governed by State law except the State does not provide any guidelines in case the
budget is not adopted by October 1 hence the revisions to (c) below.
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inspeefien by the p:ablie,—aftd
b budget.
b,
budget
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Adoption. The City Council should adopt the budget, with or without amendments,
after public hearings and before the first day of the ensuing fiscal year per State
regulations. Should the City Council take no final action, amounts appropriated for
the current fiscal year shall be deemed adopted on a month to month basis except for
capital expenditures. Final adoption shall constitute appropriation of the expenditures
proposed from funds so indicated.
(Election ol'5-6 -89, 5- 13 -06)
Sec. 7.07. - Amendments After Adoption.
Recommendation is to delete Sec. 7.07 since it governed by State law and can be part
of the financial policies.
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3 -30 -2015 minutes Page - 4 -
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(Election of 4- 5-6-89, 5-13-00)
Recommendation is to remove See. 7.08 since this can be part of the financial
policies. We do have a purchasing policy in place now,
Recommendation is to remove Sec. 7.09 from charter; this can be part of the financial
policies.
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Recommendation is to remove Sec. 7.09 from charter; this can be part of the financial
policies.
See. 7.10. - Direetor of Finanee.
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See. 7.10. - Direetor of Finanee.
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Recommendation is to remove Sec. 7.10 from charter since these are better suited in
the financial policies.
(a)
3 -30 -2015 minutes Page - 6 -
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C',,,-.ofyise and be espensiblezor the pufehase storage and disc .ibutie of all s „lies
> equipmen4 and ethef aftieles used by affy > depa#ffieiA or- ageney of the
(Electiofa of -1 -7 -79. 5- 6 -8-9, 5 -3 -97, 5- 13 -06. 11 -4 -08)
Sec. 7.11. - Audit.
Recommendation is to keep this in the Charter. State law does require an annual audit
However; this is very important to the financial stability of the city and recommends
keeping it in the Charter.
The City Council shall cause an annual audit to be made of the books and accounts of
each department of the City and shall have an annual financial statement prepared
based on the audit. A complete audit shall be made at the end of each fiscal year, and
at such other times as may be necessary, by an independent Certified Public
Accountant who shall be selected by the City Council. The annual financial
statement, including the auditor's opinion, shall be filed with the City Secretary and
shall be available for public inspection. The auditor selected shall not maintain or
keep any of the City accounts or records.
(Election of 5 -3 -y7. 5- 13 -06)
The commission discussed each sub section in depth with the City Manager and the
finance staff. After discussion, Commission Member Crawford moved, seconded by
Commission Member Agee to approve the recommend changes to Article Vii as
presented. The vote was unanimous, motion passed.
2. Review, discussion and possible approval of proposed revisions to sections 10.03,
10.09, 12.01, 12.02, 12.03, 12.05, and 12.09 based on the March 30, 2015, meeting
discussions.
The commission reviewed Section 10.03 Petitions.
The commission reviewed the following draft recommendation for revisions to
Section 10.03;
Section 10.03 Petitions.
(a) Number of signatures. Initiative; and referendums petitions must be
signed by qualified voters of the City equal in number to at least fifty fifteen 15
percent of the number of voters reizistered to vote at the last general City election tetal
three htift e i300 Recall petitions must be signed by qualified voters of the City
eaual in number to at least twentv (20) percent of the number of voters registered to
vote at the last general City election.
3 -30 -2015 minutes Page - 7 -
(b) Form and content. All pages of a petition shall be uniform in size and style and
shall be assembled as one instrument for filing. For a petition signature to be valid,
the petition must:
(1) Contain in addition to the signature:
(A) The signor's printed name; and
(B) The signor's
(i) Date of birth; or
(ii) Voter registration number and the County of voter registration; and
(C) The signor's residence address (including street address and County of voter
registration); and
(2) Comply with any other applicable requirements prescribed by State law.
Petitions shall contain or have attached thereto throughout their circulation the full
text of the proposed ordinance or other subject matter of the petition. A recall petition
must distinctly and specifically state the reason or reasons upon which the petition is
predicated.
(c) Affidavit of circulator. Each page of a petition shall have attached to it when filed
the following notarized affidavit, with all blanks properly completed:
"STATE OF TEXAS §
CITY OF SCHERTZ §
I, , being first duly sworn, on oath confirm that (i) I am one of the
signers of the above petition, (ii) I personally circulated the foregoing page of said
petition, (iii) there are signatures on such page, (iv) each of the
signatures appearing on such page was signed in my presence on the day and date it
purports to have been signed, (v) the same are the genuine signatures of the persons
whose names they purport to be, and (vi) each signer had an opportunity to read the
full text of the ordinance or other subject matter of the petition.
Sworn and subscribed to before me, this the
IM
day of
Signed and Sealed by a Notary Public in and for State of Texas"
(d) Filing recall petition. Recall petitions shall be initiated and filed with the City
Secretary within sixty days after the petitioners' committee files its affidavit.
3 -30 -2015 minutes Page - 8 -
(e) Filing referendum petitions. Referendum petitions must be filed within sixty days
after adoption by the City Council of the ordinance sought to be reconsidered.
After discussion of this section, Chair Davis recognized Vice Chair Dahle who
moved, seconded by Commission Member Agee to approve the recommended change
to Section 10.03 as presented. The vote was unanimous, motion passed.
The commission reviewed a proposal for the addition of Section 10.09
Ordinances Passed by Popular Vote, Repeal or Amendment. .
The commission reviewed the following draft recommendation for add a new section,
Section 10.09 that would deal with ordinances that were passed based on popular vote
of the residents;
Section 10.09 Ordinances Passed by Popular Vote, Repeal or Amendment
No ordinance which may have been passed by the City Council upon a petition or
adopted by popular vote under the provisions of this Article may be repealed or
amended by the City Council for a period of three (3) years from the date said
ordinance became effective and then only upon by an affirmative vote of two - thirds
(2/3s) of the City Council.
After discussion of this section, Chair Davis recognized Commission Member Agee
who moved, seconded by Vice Chari Dahle to approve the recommended addition of
Section 10.09 as presented. The vote was unanimous, motion passed.
The commission reviewed Section 12.01 Personal Financial Interest.
The commission reviewed the following draft recommendation for revisions to
Section 12.01;
Section 12.01 Personal Financial Interest
For purposes of this Section term "City Official" means any individual subject to the
requirements of Texas Local Government Code, Chapter 171.
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It is hereby prohibited for City Council members or a City Official to violate the rules
and regulations regarding conflicts of interests as set out in the Texas Local
Government Code, Chapter 171.
After discussion of this section, Chair Davis recognized Commission Member Agee
who moved, seconded by Vice Chari Dahle to approve the recommended change to
Section 12.01 as presented. The vote was unanimous, motion passed.
The commission reviewed Section 12.02 Prohibitions.
The commission reviewed the following draft for revisions to Section 12.02 (deletion
of section) that was approved at the March 15 Meeting;
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Since this recommendation was approved at the March 15 meeting, no further action
was needed.
The commission reviewed Section 12.03 Liability for Personal Injuries or Death.
The commission reviewed the following draft for revisions to Section 12.03 (deletion
of section) that was approved at the March 15 Meeting;
Since this recommendation was approved at the March 15 meeting, no further action
was needed.
The commission reviewed Section 12.05 Charter Review Commission.
3 -30 -2015 minutes Page - 11 -
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Since this recommendation was approved at the March 15 meeting, no further action
was needed.
The commission reviewed Section 12.05 Charter Review Commission.
3 -30 -2015 minutes Page - 11 -
The commission reviewed the following draft recommendation for revisions to
Section 12.05;
Section 12.05 Charter Review Commission.
The City Council shall periodically appoint a Charter Review Commission of five
citizens of the City. It shall be the duty of the Commission to:
Inquire into the operation of the City government under the Charter provisions
and determine whether any such provisions require revision and to this end,
public hearings may be held and the Commission shall have the power to compel
the attendance of any officer or employee of the City to require the submission of
any of the City records which it may consider necessary to the conduct of such
hearing.
Make any recommendations it considers desirable to insure compliance with the
provisions of this Charter by the several departments of the City.
Propose amendments to this Charter to improve its effective application to
current conditions.
Report its findings and present its proposed amendments, if any, to the City
Council. The City Council shall receive any report submitted by the Charter
Review Commission, may comment on any proposed amendment
recommendations made, and, if any amendment or amendments are presented
as a part of such report, shall order such to be submitted to the voters of the City
in the manner provided in Section 12.04.
The term of office of the Charter Review Commission shall be 180 days after the date
of the first meeting, said first meeting to occur within forty -five (45) days of the date
of appointment. r +,,..or+ of the Gov , ;nn; .v,' ,,a, }If during this term no report
is presented to the City Council, then all records of the proceedings of the
Commission shall be filed with the City Manager and the Charter Review
Commission shall be dismissed.
Discussion was held regarding the merits of only having five citizens on the Charter
Review Commission. Many members felt that an expanded commission would better
serve the interests of the residents. After discussion of this section, Chair Davis
recognized Vice Chair Dahle who moved, seconded by Commission Member
Crawford to accept the recommended change with the following revision;
Change the first paragraph to read as follows;
"The City Council shall periodically appoint a Charter Review Commission of no
less than five and no more than eleven citizens of the City. It shall be the duty of
the Commission to:"
The vote was unanimous, motion passed.
3 -30 -2015 minutes Page -12 -
The commission reviewed a proposal for the addition of Section 12.09 Disaster
Clause.
The commission reviewed the following draft recommendation for add a new section,
Section 12.09 that would deal actions to be taken to reconstitute city government in
the event of a disaster affecting the membership of the elected officials.
Section 12.09 Disaster Clause.
In case of disaster when a legal quorum of the City Council cannot otherwise be
assembled due to multiple deaths or injuries, the surviving_ persons of the City
Council or highest surviving City official, if no elected official remains, shall, within
24 hours of such disaster, request the highest surviving officers of the Guadalupe
County Commissioners Court to appoint a number of residents of Schertz equal to the
number necessary to make a quorum to act during the emergency as the City Council.
The newly appointed City Council shall call a City election within 15 days of their
appointment or as provided in the Texas Election Code, for election of the vacant
offices if for good reasons it is known a quorum of the present City Council will
never again meet. If it is determined that a quorum of the City Council will meet
again the appointed Council Members shall serve in their position until such time as
the Council Members may begin serving_
Discussion was held regarding various aspects of the proposed addition, including;
appointment of replacement councilmembers by the Guadalupe County
Commissioners Court versus Bexar County or Comal County or Judge; calling for a
city election in 15 days versus 30 or 45; concerns over the qualifications of appointed
officials; the merits of making sufficient appointed to simply achieve a quorum or
whether if would be better to make sufficient appointment to reconstitute an entire
council; and whether or not this provision was clear enough regarding what event
constituted a disaster and would trigger action under this section.
After discussion of this section, Chair Davis recognized Commission Member
Crawford who moved, seconded by Commission Member Agee to:
a. Add ", qualified to serve, " after Schertz in Line 5
b. Leave the wording in place to request appointment of replacements by the
Guadalupe County Commissioners Court
C. Leave the time period to set elections at 15 days
d. Limit the number of appointments to the minimum needed to achieve a
quorum
e. Table final action on this section pending revised wording from the City
Attorney to clarify the wording identifying situations that would trigger action
under this section, such as the loss of elected leadership in a "common
incident ".
The vote was unanimous, motion passed. (OPEN ITEM)
3 -30 -2015 minutes Page -13 -
4. Review of pending action items discussed by the Charter Review Commission.
No further action was required on pending items.
Review, Discussion and possible action determining amendments to be placed on the
November 3, 2015 ballot.
No action was taken at this time with regard to determination of recommendations
from the commission for the November 3 ballot.
6. As necessary discuss planned review of City of Schertz Charter for next scheduled
meeting.
Based on current actions, the commission members felt there was no need to convene
the April 23, 2015. a motion was made by Commission Member Crawford, seconded
by Vice Chair Dahle to cancel the scheduled meeting for April 23, 2015 and allow
additional time for the City Attorney to make final edits to the commissions
recommended changes and provide recommendations for bundling proposed changes
for ballot consideration as appropriate. The vote was unanimous, motion passed.
The next meeting of the Charter Review Commission will be held on April 30, 2015
at 6:00 p.m., during which the Commission will review the open areas and conduct
discussion in general on the City Charter.
Adiournment
As there was no further business, a motion was made by Commission Member Crawford,
seconded by Vice Chair Dahle to adjourn Meeting adjourned at 8:10 p.m.
Chair Mark Davis
U nda : T
Dennis, City Secretary
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