11-20-2023 Agenda Packet-Canvass
MEETING AGENDA
City Council
SPECIAL SESSION CITY COUNCIL
November 20, 2023
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
CITY OF SCHERTZ CORE VALUES
Do the right thing
Do the best you can
Treat others the way you want to be treated
Work cooperatively as a team
AGENDA
MONDAY, NOVEMBER 20, 2023 at 6:00 p.m.
Call to Order
Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas.
(Councilmember Allison Heyward)
Hearing of Residents
This time is set aside for any person who wishes to address the City Council. Each person should fill out
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 making personal, impertinent, or slanderous remarks while addressing the Council may
be requested to leave the meeting.
Discussion by the Council of any item 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.
Discussion and Action Items
1.Resolution 23-R-123 - Approving a Resolution to canvass the returns and declaring the results
November 20, 2023 City Council Agenda Page 1
1.Resolution 23-R-123 - Approving a Resolution to canvass the returns and declaring the results
of the November 7, 2023, General Election, and other matters in connection therewith.
(Mayor/Council/S.Edmondson)
2.Resolution 23-R-124- Approving a Resolution to call for a Runoff Election on December 9,
2023, with Guadalupe County, Bexar County and Comal County and approving
the Guadalupe County Election Contract stating that Guadalupe County will oversee the entire
Runoff Election. (Mayor/Council/S.Edmondson)
3.Oath of Office
Officers-Oath of Office (S.Edmondson)
Place 3-Oath of Office to Mr. Paul Macaluso
Comments by Councilmember Macaluso
Place 5-Oath of Office to Mr. Robert Westbrook
Comments by Councilmember Westbrook
Adjournment
CERTIFICATION
I, SHEILA EDMONDSON, CITY SECRETARY OF THE CITY OF SCHERTZ, TEXAS, DO HEREBY CERTIFY THAT
THE ABOVE AGENDA WAS PREPARED AND POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE
16th DAY OF NOVEMBER 2023 AT 7:00 PM., WHICH IS A PLACE READILY ACCESSIBLE TO THE PUBLIC AT
ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS
GOVERNMENT CODE.
SHEILA EDMONDSON
I CERTIFY THAT THE ATTACHED NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY
COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF
_______________, 2023. TITLE: ______________
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available.
If you require special assistance or have a request for sign interpretative services or other services, please call 210-619-1030.
The City Council for the City of Schertz reserves the right to adjourn into closed session at any time during the course
of this meeting to discuss any of the matters listed above, as authorized by the Texas Open Meetings Act.
Closed Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and the presence
of any subject in any Closed Session portion of the agenda constitutes a written interpretation of Texas Government
Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items
discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a
court of record and opinions of the Texas Attorney General known to the attorney. This provision has been added to
this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and
the meeting is conducted by all participants in reliance on this opinion.
COUNCIL COMMITTEE AND LIAISON ASSIGNMENTS
Mayor Gutierrez
Audit Committee
Board of Adjustments
Investment Advisory Committee
Main Street Committee
Councilmember Davis– Place 1
Interview Committee for Boards and Commissions
Main Street Committee - Chair
Parks & Recreation Advisory Board
Schertz Housing Authority Board
Transportation Safety Advisory Commission
November 20, 2023 City Council Agenda Page 2
Senior Center Advisory Board-Alternate
TIRZ II Board
Councilmember Watson-Place 2
Audit Committee
Library Advisory Board
Senior Center Advisory Board
Interview Committee for Boards and Commissions
Cibolo Valley Local Government Corporation-Alternate
Councilmember Whittaker – Place 3
Historical Preservation Committee
Interview Committee for Boards and Commissions-Chair
TIRZ II Board
Councilmember Dahle – Place 4
Cibolo Valley Local Government Corporation
Interview Committee for Boards and Commissions
Planning & Zoning Commission
TIRZ II Board
Councilmember Scagliola – Place 5
Animal Advisory Commission - Alternate
Hal Baldwin Scholarship Committee
Schertz-Seguin Local Government Corporation
Councilmember Heyward – Place 6
Animal Advisory Commission
Audit Committee
Building and Standards Commission
Economic Development Corporation - Alternate
Investment Advisory Committee
Main Street Committee
Interview Committee for Boards and Commissions-Alternate
Senior Center Advisory Board
Councilmember Brown – Place 7
Economic Development Corporation
Main Street Committee
Schertz-Seguin Local Government Corporation - Alternate
November 20, 2023 City Council Agenda Page 3
Agenda No. 1.
CITY COUNCIL MEMORANDUM
City Council
Meeting:November 20, 2023
Department:City Secretary
Subject:Resolution 23-R-123 - Approving a Resolution to canvass the returns and
declaring the results of the November 7, 2023, General Election, and other
matters in connection therewith. (Mayor/Council/S.Edmondson)
BACKGROUND
On July 11, 2023, the City Council of the City of Schertz, Texas passed a Resolution calling a General
Election on November 7, 2023, for the purpose of electing Councilmembers for Place 3, Place 4 and
Place 5 for a three-year term.
Unofficial Final Results: 11/07/2023
Early Voting Election Day
Bexar Comal Guadalupe Bexar Comal Guadalupe Total
Votes Cast Vote %
City Council
Place 3
Paul Macaluso 27 1,128 116 29 804 2,207 64.12%
Tyrone Taylor 140 35 445 151 24 440 1,235 35.88%
City Council
Place 4
Danielle Craig 29 8 278 33 6 239 593 18%
Robert Marks 32 25 188 38 13 158 454 14%
Michael Armstrong 47 19 348 52 13 274 753 23%
Tiffany Gibson 138 10 722 125 20 526 1,541 46%
City Council
Place 5
Paul J. Kendzior 63 51 550 97 30 398 1,189 34.66%
Robert Westbrook 170 15 1,042 151 25 838 2,241 65.34%
Total Votes Cast 722 190 4,701 763 160 3,677 10,213
Early
Voting:
5,613 Election
Day:
4,600
Total Number of
votes cast
10,213
Unofficial Final Vote Counts 11-17-2023 Sheila Edmondson, City Secretary
Unofficial Final Vote Counts 11-17-2023 Sheila Edmondson, City Secretary
The total of votes cast during early voting was 5613 personal appearance and absentee, and 4600 votes
were cast on Election Day. The total number of votes cast in this election was 10,213 Mr. Paul
Macalustion is hereby declared elected to the Office of Councilmember Place 3. Mr. Robert Westbrook
is hereby declared elected to the Office of Councilmember Place 5.
Council Place 4's tabulations of votes cast at the November 7, 2023, election discloses that no candidate
for Council Place 4 received sufficient votes to be elected to the City Council; and that it is necessary in
conformity with the City Charter and Texas Election Code as amended, to call a runoff election for the
purpose of voting upon a candidate to fill the Council Place 4 position.
Staff recommends approval of Resolution 23-R-123.
Attachments
Resolution 23-R-123
Exhibit B
RESOLUTION 23-R-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, APPROVING THE CANVASS OF NOVEMBER 7, 2023
GENERAL ELECTION AND DECLARING THE RESULTS OF SUCH
ELECTION
WHEREAS, a General Election were held in the City of Schert z , Texas (the "City"), on the 7th day of November
2023 to elect a Councilmember Place 3, Councilmember Place 4 and Councilmember Place 5 for a three-year term;
and
WHEREAS, said elections were duly and legally held in conformity with the applicable election laws of the
State of Texas ("Texas"); and
WHEREAS, the Election Administrator has provided to the City, as required by applicable Texas law, the
election results, as tabulated by the Election Administrator; and
WHEREAS, there came to be considered the returns of the general election held on the 7th day of November 2023, for
the purpose of electing one Councilmembers for Place 3, Place 4, and Place 5; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
THAT:
Section 1: That the General Election of the City of Schertz, Texas held November 7, 2023, was duly called, that notice
of such election was given, and that such election was held in accordance with law.
Section 2: That the tabulation of votes cast to elect one Councilmembers for Place 3 Place 4 and Place 5 in the General
Election held on November 8, 2023, as shown in the official canvass of the returns of said general election shown below
reflects the following results:
Early Voting Election Day
Bexar Comal Guadalupe Bexar Comal Guadalupe Total
Votes Cast Vote %
City Council Place 3
Paul Macaluso 103 27 1128 116 29 804 2207 64.12%
Tyrone Taylor 140 35 445 151 24 440 1235 35.88%
City Council Place 4
Danielle Craig 29 8 278 33 6 239 593 18%
Robert C. Marks. Jr. 32 25 188 38 13 158 454 14%
Michael Armstrong 47 19 348 52 13 274 753 23%
Tiffany M. Gibson 138 10 722 125 20 526 1541 46%
City Council Place 5
Paul J. Kendzior 63 51 550 97 30 398 1189 34.66%
Robert Westbrook 170 15 1042 151 25 838 2241 65.34%
Total Votes Cast 722 190 4701 763 160 3677 10,213
Early
Voting: 5613
Election
Day:
4600
Total
Votes Cast
10,213
Section 3. The City Council finds that the results of the general election as set forth above reflect the reported
votes, and the canvass of votes is hereby approved.
Section 4. The total of votes cast during early voting was 5,613 by personal appearance and absentee, and 4600
votes were cast on Election Day. The total number of votes cast in this election was 10,213
Section 5. The City Council finds that the results of the general election as set forth above reflect that Mr.
Paul Macaluso is hereby de clared elected to the Office of the Councilmember Place 3 and Mr. Robert
Westbrook is hereby decl ared elected to the Office of the Councilmember of Place 5.
Section 6. The canvass and tabulations of votes cast at the November 7, 2023; election reflects that no candidate
for Place 4 received sufficient votes to be elected to the city council. I t is necessary in conformity with the City
Charter and the Texas Election Code, as amended, to call a runoff election for the purpose of voting upon
candidates to fill the Councilmember Place 4 on the City Council.
Section 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby
made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City
Council.
Section 8. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this
Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and
remain controlling as to the matters resolved herein.
Section 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and
the United States of America.
Section 10. If any provision of this Resolution or the application thereof to any person or circumstance shall be
held to be invalid, the remainder of this Resolution and the application of such provision to other persons and
circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have
been enacted without such invalid provision.
Section 11. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was
open to the public and public notice of the time, place, and subject matter of the public business to be considered at
such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as
amended.
Section 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved.
PASSED, APPROVED AND ADOPTED this______ day of November 2023.
City of Schertz
_________________________
Ralph Gutierrez, Mayor
ATTEST:
______________________________
Sheila Edmondson, City Secretary
Page 2
Exhibit B
December 9, 2023 City of Schertz Runoff Election
Notice is hereby given that the polling places listed below will be open from 7:00 a.m. to 7:00
p.m., December 9, 2023, for voting in the runoff election to a Councilmember for Place 4. (Por
la presente se notifica que los lugares de elección que se enumeran a continuación estarán
abiertos de 7:00 a.m a las 7:00 p.m. el 9 de diciembre de 2023, para votar en la elección
desempate (de segunda vuelta) para un Concejal para el Lugar 4.)
Election Day Location for the City of Schertz December 9th, 2023 Runoff Election
(Lugar del dia de las elecciones para la Ciudad de Schertz 9 de diciembre de 2023 eleccion de
segunda vuelta)
Polls open 7:00 a.m. – 7:00 p.m.
(Las urnas abren de 7:00 a.m. a 7:00 p.m)
City of Schertz Election Day Location
Schertz Community Center
1400 Schertz Parkway
Schertz, Texas 78154
Bexar, Comal & Guadalupe County Voters
(Votantes de los Condados de Bexar, Comal y Guadalupe)
Early Voting (votación anticipada)
Locations of Early Voting Polling Places: Early voting by personal appearance will be conducted
as listed below: (Ubicaciones de los lugares de votación anticipada: La votación anticipada en
persona se llevará a cabo como se indica a continuación:)
Early Voting Dates and Hours
(fechas y horas de votaci ó n a ntici pada)
Monday, November 27 th through Friday, Decembe r 1 st, 2023 ...........8:00 a.m. to 5:00 p.m.
Lunes, 27de noviembre 2023 hasta el Viernes,1 de diciembre de 2023 …….….8:00 a.m. – 5:00 p.m.
Monday, December 4, 2023 and Tuesday, December 5, 2023………………..8:00 a.m. to 5:00 p.m.
Lunes, 4 de diciembre de 2023 y el martes,5 de diciembre de 2023 ………..........8:00 a.m. – 5:00 p.m.
Early Voting Branch Location
(Ubicación de la sucursal de votación anticipada)
Schertz Community Center
1400 Schertz Parkway
Schertz, Texas 78154
Early Voting Branch Location
(Ubicación de la sucursal de votación anticipada)
Guadalupe County Elections Office
(Oficina de Elecciones del Condado de Guadalupe)
215 S. Milam St., Seguin, TX 78155
Phone (Teléfono) - 830-303-6363
Applications for ballots by mail shall be mailed to: (Las solicitudes de boletas de votación por
correo se enviarán a:)
Guadalupe County Early Voting Clerk, Lisa Hayes
Secretaría del Condado de Guadalupe, Lisa Hayes
P.O. Box 1346
Seguin, Texas 78156-1346
Email (correo elctrónico):
Website ((sitio web):
Applications for ballots by mail must be received no later than the close of business on Friday,
November 24, 2023. (Las solicitudes de boletas por correo deben recibirse no mas tarde del
cierre de operaciones del viernes 24 de noviembre de 2023.)
Agenda No. 2.
CITY COUNCIL MEMORANDUM
City Council
Meeting:November 20, 2023
Department:City Secretary
Subject:Resolution 23-R-124- Approving a Resolution to call for a Runoff Election
on December 9, 2023, with Guadalupe County, Bexar County and Comal County
and approving the Guadalupe County Election Contract stating that
Guadalupe County will oversee the entire Runoff
Election. (Mayor/Council/S.Edmondson)
Attachments
Resolution 23-R-124
Exhibit A -Election Results
RESOLUTION NO. 23-R-124
A RESOLUTION BY THE CITY COUNCIL OF SCHERTZ, TEXAS, ORDERING A
RUNOFF ELECTION TO BE HELD ON DECEMBER 9, 2023, FOR CITY COUNCIL
PLACE 4 AND OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, on the 11th day of July 2023, the City Council of the City of Schertz, through adoption
of Resolution 23-R-55, ordered a General Election to be held in said City on the 7th day of November
2023, in accordance with the provisions of the Charter of said city, for the purpose of electing one
Councilmember for Place 3, Place 4 and Place 5; and
WHEREAS, pursuant to Texas Election Code Sec. 2.021 through 2.023, if no candidate for a place
on City Council receives a majority of the vote a runoff election is required between the candidates
who receive the highest and second highest number of votes; and
WHEREAS, pursuant to Schertz City Charter Section 9.03, in the event no candidate for an elective
office receives a majority of the votes cast for that place in the general or special election, a runoff
election shall be held between the two (2) candidates who received the greater number of votes; and
WHEREAS, a canvassing of the returns and declaring the results of a General Election held on
November 7, 2023 was approved by the City Council on November 20, 2023; and
WHEREAS, the canvass determined that, in the race for Council Member Place 4, no candidate
received a majority of the votes cast; and
WHEREAS, the two candidates receiving the highest number of votes for the office of Council
Member Place 4 were Michael Armstrong and Tiffany M. Gibson; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
Section 1. That the City Council of the City of Schertz finds and declares the results of such
election as per Exhibit A attached to this resolution.
Section 2. That a runoff election is hereby ordered to be held Saturday, December 9th, 2023, for
the purpose of electing Council Member Place 4 and
Section 3. That in accordance with Section 2.026, Notices of the Run-off Election shall be posted
on the bulletin board at the Hal Baldwin Municipal Complex 1400 Schertz Parkway and on the city’s
website, and a like copy shall be published not later than the 15th day before Election Day in the
newspaper of general circulation.
Section 4. That the terms and conditions of the joint election agreemen t and contract with Bexar,
Comal, and Guadalupe Counties, adopted on the 11th day of July 2023, through the adoption of
Resolution No. 23-R-55, shall remain in full force and effective for the City of Schertz Runoff
election; and
Section 5. That Guadalupe County will oversee the City of Schertz Runoff Election for December
5 2023 (Counties: Guadalupe, Bexar, and Comal) with a Guadalupe County Election contract and
shall be responsible for the appointment of the presiding judge and alternate judge for each polling
location in accordance with Chapter 32 of the Texas Election Code and may employ ot her personnel
necessary for the proper administration of the election; and
Section 6. That election day voting will be 7 a.m. through 7 p.m., and locations of the polling
places are designated in Exhibit B attached to this resolution, but which locations may be changed by
Guadalupe County, and which changes if any, are hereby made part of this resolution referenced and
can be found by visiting the Guadalupe County Elections webpage at
http://www.co.guadalupe.tx.us/elections/index.php; and visiting the City of Schertz webpage at
www.schertz.com or contacting:
Lisa Hayes
Guadalupe County Elections Administrator
215 S. Milam, Sequin TX 78155
830-303-6363
Section 7. That the last day to vote for the December 9, 2023, City of Schertz Runoff Election is
December 9, 2023.
Section 8. That applications for ballots by mail must be received no later than 5:00 p.m.,
December 9, 2023:
Guadalupe County
Lisa Hayes
Guadalupe County Elections Administrator
215 S. Milam, Sequin TX 78155
Section 9. The recitals contained in the preamble hereof are hereby found to be true, and such
recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the
judgment and findings of the City Council.
Section 10. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision
of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this
Resolution shall be and remain controlling as to the matters resolved herein.
Section 11. This Resolution shall be construed and enforced in accordance with the laws of the State
of Texas and the United States of America.
Section 12. If any provision of this Resolution or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Resolution and the application of such
provision to other persons and circumstances shall nevertheless be valid , and the City Council hereby
declares that this Resolution would have been enacted without such invalid provision.
Section 13. It is officially found, determined, and declared that the meeting at which this Resolution
is adopted was open to the public and public notice of the time, place, and subject matter of the public
business to be considered at such meeting, including this Resolution, was given, all as required by
Chapter 551, Texas Government Code, as amended.
Section 14. This Resolution shall be in force and effect from and after its final passage, and it is so
resolved.
PASSED AND ADOPTED, this ______ day of November 2023.
CITY OF SCHERTZ, TEXAS
__________________________
Ralph Gutierrez, Mayor
ATTEST:
Sheila Edmondson, City Secretary
Bexar Comal Guadalupe Bexar Comal Guadalupe Total Votes Vote %
City Council Place 3
Paul Macaluso 103 27 1,128 116 29 804 2,207 64.12%
Tyrone Taylor 140 35 445 151 24 440 1,235 35.88%
City Council Place 4
Danielle Craig 29 8 278 33 6 239 593 18%
Robert Marks 32 25 188 38 13 158 454 14%
Michael Armstrong 47 19 348 52 13 274 753 23%
Tiffany Gibson 138 10 722 125 20 526 1,541 46%
City Council Place 5
Paul J. Kendzior 63 51 550 97 30 398 1,189 34.66%
Robert Westbrook 170 15 1,042 151 25 838 2,241 65.34%
Total Votes Cast 722 190 4,701 763 160 3,677 10,213
Early Voting: 5,613 Election Day: 4,600
Total Number of votes cast 10,213
Prepared and posted this 17th Day of November, 2023 at 3:09 p.m.
Sheila Edmondson, City Secretary
Early Voting Election Day
EXHIBIT A
Unofficial Final Results: 11/07/2023
Agenda No. 3.
CITY COUNCIL MEMORANDUM
City Council Meeting:November 20, 2023
Department:City Secretary
Subject:Oath of Office
Officers-Oath of Office (S.Edmondson)
Place 3-Oath of Office to Mr. Paul Macaluso
Comments by Councilmember Macaluso
Place 5-Oath of Office to Mr. Robert Westbrook
Comments by Councilmember Westbrook