04-30-2015 MinutesMINUTES
REGULAR MEETING
April 30, 2015
A Meeting was held by the Schertz Charter Review Commission of the City of Schertz,
Texas, on April 30, 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 Jana Volitis
Commission Member Regina Agee
Staff Present:
City Attorney Charles Zech
City Secretary Brenda Dennis
City Manager John Kessel
Guests Present:
Mr. Robert Brockman, 1000 Elbel Road, Schertz Texas.
Councilmember Grumpy Azzoz
Chair Davis recognized Councilmember Azzoz who thanked the committee for the work they
are doing.
Call to Order
The meeting was called to order at 6:01 p.m. Chair Davis welcomed everyone and opened
the discussion up to any residents.
1. Minutes — Consideration and/or action approving the minutes of April 15, 2015.
Chair Davis recognized Commission Member Crawford who moved, seconded by
Commission Member Volitis to approve the March 15, 2015 minutes as written. The
vote was unanimous, motion passed.
2. Review, discussion and possible approval of proposed revisions to sections 12.09 and
12.10.
The commission reviewed draft wording for Section 12.09 Disaster Clause, based on
revisions suggested from discussion at the April 15 meeting.
Section 12.09 Disaster Clause.
In the case of a common disaster when a legal quorum of the City Council cannot
otherwise be assembled due to multiple deaths or injuries, the surviving_ persons of
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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,
qualified to serve as City Council Members, 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.
The commission reviewed draft wording for Section 12.10 Penalty Clause, based on
discussions held at the April 15 meeting.
Section 12.10 Penalty Clause.
A. Criminal Penalty. AU person who by himself or with others violates any
provision of this charter shall, in addition to any other penalty, be guilty of a
misdemeanor and upon conviction thereof shall be punishable by a fine of not more
$500.00. City Council shall enact an ordinance enforcing this section.
B. Civil Penalty. Upon the affirmative vote of two - thirds of the City Council any
person who by himself or with others violates any provision of this charter shall be, in
addition to any other penalty provided for herein, subject to a civil fine of not more
than $500.00.
After discussion, Chair Davis recognized Vice Chair Dahle who moved, seconded by
Commission Member Agee to approve the additions of Sections 12.09 and 12.10 as
presented. The vote was unanimous, motion passed.
3. Review, discussion and possible approval regarding the Council number transition
and consider any recommendations for amendments thereto.
The commission reviewed draft proposals for options on how to transition the terms
of council positions, should measures for increasing the number of council positions
and changing the length of council terms pass, as well as options if only one of the
two proposals should pass.
Should neither proposal pass, there would be no change to the current election
process.
Chair Davis recognized Commission Member Crawford who moved, seconded by
Vice Chair Dahle to recommend that the transition plan "Three Year Staggered
Term Transition with 6 Council Members" be the recommend transition plan
should the voters approve three years terms but not an increase the size of the city
council (city council remains at 6 members). The vote was unanimous, motion
passed.
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Chair Davis recognized Commission Member Volitis who moved, seconded by Vice
Chair Dahle to recommend that the transition plan "Three Year Term Transition
with 8 Council Members" be the recommend transition plan should the voters
approve three years terms and increase the size of the city council to 8 members.
The vote was unanimous, motion passed.
Chair Davis recognized Vice Chair Dahle who moved, seconded by Commission
Member Crawford to recommend that the transition plan "Two Year Term
Transition with 8 Council Members" be the recommend transition plan should the
voters approve increasing the size of the city council to 8 members but not an
increase to the term length for city council (term length remains at two year terms).
The vote was unanimous, motion passed.
4. Review of pending action items discussed by the Charter Review Commission.
There were no further pending action items for consideration.
5. Review, Discussion and possible action determining amendments to be placed on the
November 3, 2015 ballot.
The commission reviewed and discussed recommendations from the City Attorney
regarding the commission charter revisions that could be grouped together under a
single heading on the November ballot, was well as measures that would be required
to appear under their own heading on the ballot. Mr. Zech briefed the commission
members on the requirement of state law as follows;
Sec. 9.004. CHARTER AMENDMENTS.
(d) An amendment may not contain more than one sub ec
(e) The ballot shall be prepared so that a voter may approve or disapprove and
or more amendments without having to approve or disapprove all of the amendments.
Based on Section 9.004, the following recommendations were made for
consideration on the November ballot;
1. Redundant of other Charter or State law Powers
Section 2.01 General Powers
Section 2.02 Intergovernmental Relations
Section 3.01 Establishment
Section 4.09(e) Meetings and Procedures (e)
Section 6.07 Tax Assessor - Collector
Article 11 Public Utilities
Section 12.03 Liability for Personal Injury or Death
2. Change from 5 to 7 Council Members
Section 4.01 Number, Selection and Term
Section 4.09(c) Meetings and Procedures
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3. Change from 2 to 3 year terms
Section 4.01 Number, Selection and Term
Section 4.06(c) Filling Vacancies
Section 9.03 Determination of Election Results
4. Providing for revised Prohibitions Forfeitures of Office and Hearing
Process
Section 4.01(a) Vacancies and (b) Forfeitures
Section 4.07 Prohibitions
Section 4.11 Council Investigations; Hearings; Process
5. Financial Procedures
Revisions to Article VII
6. Elections Conducted Pursuant to State Law
Section 4.02 Qualifications
Section 9.01 City Elections
Section 9.02 Candidates
7. Section 10.03 Initiative and Referendum Petition Signatures
8. Section 10.03 Recall Petition Signatures
9. Section 12.05 Number of Charter Review Commissioners
10. Section 12.05 Term of Charter Review Commission
Chair Davis recognized Commission Member Volitis who moved, seconded by Vice
Chair Dahle to recommend these ten items be presented to City Council as Charter
Review Commission items for inclusion on the November 2015 ballot for voter
consideration. The vote was unanimous, motion passed.
6. As necessary discuss planned review of City of Schertz Charter for next scheduled
meeting.
The next meeting of the Charter Review Commission will be on 4 May 2015 at 6:00
p.m., during which the Commission will review the remaining recommendations for
revisions and hold final discussion of whether to recommend their inclusion on the
November ballot or defer final decision on these items to the City Council.
Adiournment
As there was no further business, a motion was made by Vice Chair Dahle, seconded by
Commission Member Volitis to adjourn the April 30, 2015 meeting at 7:05 p.m. The vote
was unanimous, motion passed.
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Chair Mark s
ST:
renda Dennis, City Secretary
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