MINUTES OF REGULAR CITY COUNCIL MEETING HELD MAY 17, 2018

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1 MINUTES OF REGULAR CITY COUNCIL MEETING HELD MAY 17, 2018 The City Council of Olmos Park, Texas held a regular meeting on May 17, 2018 commencing at 6:00 p.m. in the Council Chambers at City Hall. Mayor Ronald Hornberger presided and Council members present were Kenyon McDonald, Enzo Pellegrino, Sharon Plant and Deanna Rickabaugh. Council members not present and excused from attending were Juliana Dusek. Staff present was City Manager, Celia DeLeon; City Secretary, Diane Gonzales; Police Chief, Rene Valenciano; Police Administrative Assistant, Kyndra Munoz; Fire Chief, Michael Goodreau and Captain, Thomas Montes; Public Works Director, Gilbert DeLeon. Also present were City Attorney, Frank Garza and Dr. Colleen Bridger, San Antonio Metro Health. Mayor Hornberger called the meeting to order at 6:00 p.m. and determined a quorum was present. Administer Oath of Office to Mayor Ronald Hornberger, Councilwoman Deanna Rickabaugh and Councilman Kenyon McDonald. City Secretary administered Oath of Offices to re-appointed Mayor Ronald Hornberger, Councilman McDonald and newly appointed Councilwoman Rickabaugh. Issue Certificate of Election and Statement of Elected Officer to newly elected officials City Secretary issued the Certificates of Election and the Statement of Elected Officers to elected officials. Appoint a Mayor Pro Tem to serve through May 2019 Mayor Hornberger stated he spoke with Councilman McDonald and he is willing to serve again as Mayor Pro Tem. Councilwoman Rickabaugh moved to nominate Kenyon McDonald as Mayor Pro Tem. Councilwoman Plant seconded the motion. Set time and date for regular City Council meetings as per City Code Section 2.1(a) Councilman Pellegrino moved to continue to keep the City Council meetings on the third Thursday of every month at 6:00 p.m. Discussion and presentation on the Tobacco 21 initiative by the City of San Antonio Dr. Colleen Bridger PHD, Director from the San Antonio Metropolitan Health District gave a presentation on Tobacco 21. The City of San Antonio passed the ordinance because of the fact that tobacco is the number one leading cause of preventable death, disability and disease in the United States and everyday over 2,000 young people under the age of 21 become addicted to tobacco and nicotine and it is highly addictive. Councilwoman Plant asked how can the City supersede what the State does? Dr. Colleen Bridger stated we have had several attorneys review the ordinance and the language in the State statue is specific to tobacco and they use the term political subdivision and interpreted that to mean a County could also pass a more restrictive ordinance. City Council Minutes May 17, 2018 Page 1

2 Councilman Pellegrino asked has a court ruling been tested in court? Dr. Colleen Bridger stated no there has been no ruling in court. Councilman Pellegrino asked so it is based on attorney opinion? Dr. Colleen Bridger stated yes and she has not found an attorney who disagrees and has not been challenged in Texas because San Antonio is the first City to pass this. Councilwoman Plant stated we don t want the business owners impacted and hurting their income because the State says we can sell at 18 years of age and you are saying your ordinance can t sell until they are 21 years of age. Mayor Hornberger asked where is the State statue? Dr. Colleen Bridger stated she will send to our City Manager the State statue. Councilwoman Rickabaugh asked how long have some of the other states had this? Dr. Colleen Bridger stated it is recent, the movement started around 2014 and we have gone from zero to 25% since so this is a popular initiative. Mayor Hornberger asked how does this work on cigarette machines? Dr. Colleen Bridger stated it applies to cigarette machines and right now the machines are supposed to be monitored which is State law and supervised to make sure that no one under age can buy them. She wanted to clarify that tobacco includes cigarettes, cigars, chewing tobacco, snuff, pipe tobacco and electronic cigarettes. Tobacco is defined by the State of Texas and the ordinances mirror these. Councilman Pellegrino stated his personal opinion on the matter is he is not a fan of cigarette smoking but at the age of 18 years old we send kids to war and he feels like they have the choice to make their own decision as an adult. Councilman McDonald stated City of San Antonio is the only City since November of last year to pass this and the City of Austin is thinking about it. Mayor Hornberger stated he would like to take a wait and see stand. If it is challenged in San Antonio and they beat back the challenge and we have a clear legal position then we may revisit this at that point. Councilwoman Plant stated Valero is not independently owned and businesses in San Antonio might be doing a corporate initiative so it might be a mute-point for the two businesses in our City that sell tobacco without having to worry about some challenge. She asked if Dr. Colleen Bridger could find out about any corporate entity initiatives. Dr. Colleen Bridger stated several of the chambers did support this initiative because they recognize that their tremendous healthcare costs associated with smokers. She stated she will send to the City Manager the statue so she can share it with Council and hopefully nobody does challenge it. City Council Minutes May 17, 2018 Page 2

3 Mayor Hornberger stated hopefully somebody does challenge it and it is up held by the courts because then we are all on solid ground. Discussion on Police Department egrant application to the Office of the Governor for transition of National Incident-Based Reporting System (NIBRS) using eforce software to comply with House Bill 11(HB11) of the 84 th Regular Session; take possible action Mayor Hornberger stated he spoke with the Police Chief and an application has already been submitted so now we consider moving forward with your recommendation. Police Chief Valenciano stated our Administrative Assistant Kyndra Munoz is versed in the NIBRS program and will explain the new software. Administrative Assistant, Kyndra Munoz stated HB11 was passed and requires us to transition to an incident based reporting system. The stats were currently submitted to DPS and right now we are using UCR which is s summary based program which is about 7 offenses that includes arrest reports, drug reports and family violence. When we transition to the NIBRS program it will be much more detailed and will include about 23 offenses. Right now DPS has a projected goal of transitioning by September 2019 but will be mandatory by January 1, The Office of the Governor announced egrants to departments that will be transitioning to NIBRS and with the help of eforce we have applied for the grant and they will be the new reporting system and will be able to gather the information needed to submit to NIBRS. The grant was written for $52,000 and will be a turn-key operation, they will come in and install the software and set us up to start submitting the reports to NIBRS. The changes that we will see will be the cost in the monthly maintenance and right now we are using Expediter which is a computer based program with a $750 a year maintenance cost. With eforce the maintenance will increase to $2,000 a year. eforce will be internet based software where officers can use it while they are outside of the patrol room and will have a 24/7 support system. DPS has a list of excepted vendors that they will accept the NIBRS reporting and eforce is currently a vendor while Expediter is not. When the officers come in to write their reports the software will take the information from the report and send it to the State. Mayor Hornberger stated the grant will cover the cost of implementing the system which is $52,000 and the ongoing cost to the City is the maintenance fee which currently is $750 a year and will increase to $2,000 a year. Councilwoman Rickabaugh asked is there a chance we may not get the grant? Kyndra Munoz stated there is a chance but the last grant that eforce did they received funds for every single grant and are currently working on 40 different departments. City Manager DeLeon asked have we already applied for the grant and how soon will we know if we will receive the grant? Kyndra Munoz stated yes the grant has already been applied for and they will start releasing that information at the end of this month. Councilwoman Plant asked do we use the old software for anything else? Kyndra Munoz stated the other system Expediter is just for writing reports and she manually goes and extracts that information from the reports. Councilwoman Plant asked what happens if the internet goes down, what is our back-up plan? City Council Minutes May 17, 2018 Page 3

4 Police Chief Valenciano stated our current system is server based for computers specifically and this new system is internet based and there is always a chance that something may happen but the chances are greater for something to happen to the server verses the internet. The officers can access their reports at the jail, hospital, or at City Hall and we will be using their national servers to store that information. Councilwoman Plant stated we should have a back-up plan in case something happens with the internet. Police Chief Valenciano stated we report electronically and the officers also retain a hard copy. We will have access to a blank form in the event the internet goes down and when the system goes back up it will automatically extract the information. Councilman McDonald moved to approve the EGrant application to the Office of the Governor. Councilwoman Plant seconded the motion. Appoint three members to the Board of Adjustment to serve terms through May 2020; take possible action Mayor Hornberger stated the three members that are up for re-appointment have all agreed to serve another term. Councilwoman Rickabaugh asked are there term limits? Mayor Hornberger stated yes by Resolution. Councilwoman Plant moved to appoint Sarah Cochran, Erin Harrison and Richard Specia for a term through May Discuss City Hall repairs and engaging an engineer to draw plans for repairs; take possible action Frank Garza stated in his discussion with Richard Lindner who is the construction law expert he believes we have to go through this process. Mayor Hornberger stated this instalates us from any criticism concerning the law that says we have to put something of this cost out for bid. Frank Garza stated correct, plus it also states for any public improvement project it is supposed to have an Engineer review the public work project. Councilwoman Plant asked so since it is a professional service we have to go out for a bid? City Manager DeLeon stated she spoke with David Givler and he said his license does not permit him to do that type of work but he can make a recommendation and already has a recommendation and is ready to move forward if Council agrees to it. Mayor Hornberger asked do we know what the cost is? City Manager DeLeon stated no not at this time. City Council Minutes May 17, 2018 Page 4

5 Frank Garza stated the law requires you to select an Engineer based on their qualifications and if David Givler knows his recommendation is qualified then we can negotiate the price. Councilman McDonald stated we could select him but not agree to have them do the work until we negotiate the price. Councilwoman Rickabaugh asked what if we never came to an agreeable price? Frank Garza stated if we can t negotiate a sufficient price then it would probably go through and RFQ. Councilwoman Plant moved to hire an Engineer for the City Hall repairs project to work through David Givler to help assist us in finding an Engineer for this project. Discuss and take possible action on an Ordinance of the City of Olmos Park, Texas, amending Chapter 26-Signs; Section 26-5 Signage Requirements and Standards of the Code of Ordinances, which regulates signs and providing a severability clause; providing an effective date. City Manager stated this is a follow up from the March 15, 2018 City Council meeting with regards to elections signs regarding the signs that were on McCullough that were unsightly. Mayor Hornberger stated he has some questions on this ordinance but the more efficient way of handling this is he would like to appoint a committee of two members of Councilman Pellegrino and Councilwoman Plant and have a meeting with Mr. Richard Lindner who prepared the memo regarding the ordinance and come back to Council with recommendations or with an amended ordinance. Councilwoman Plant stated she will not be at the June City Council meeting so if Council can forward their comments to the City Manager for review. Frank Garza stated you can bring it back on the agenda when you are ready. Consider participation in Bexar County Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and Home Programs for fiscal years 2019, 2020 and 2021; take possible action Mayor Hornberger stated the reason this is on the agenda is because he had a communication from Bexar County about this and seeking Council approval to participate and what is in it for Olmos Park. Since then the City Manager has reached out to one of the residents who does this and has provided us some input. City Manager DeLeon stated she spoke to the resident expert today and upon recommendation from Councilwoman Plant she called the resident who used to work for the Bexar County Economic Development and she stated these grants will not work for Olmos Park as these grants are distributed too low to moderate income communities which Olmos Park does not fall under. If we do decide to participate we would be allowing Bexar County to use our population when they apply for their grants. She stated her recommendation is not to approve the participation with Bexar County Housing and Urban Development as this will cause us to lose the ability to apply for other grants if needed. Councilwoman Plant moved not to participate in Bexar County Housing and Urban Development Block Grant. City Council Minutes May 17, 2018 Page 5

6 Consent Items: a. Approve Cash Disbursements April 2018; b. Approve City Council minutes of April 16, 2018, April 19, 2018 and May 9, 2018; c. Approve Logic Resolution and Agreement as provided in the Investment Policy; d. Appoint Municipal Court Judge and Alternate Judge to serve a two-year term through May 2020; take possible action e. Excuse Mayor Hornberger from attending the June regular meeting; f. Excuse Councilwoman Plant from attending the June regular meeting; g. Approve an ordinance to place two stop signs at E. Hermosa Drive and E. Mandalay and another one at E. Hermosa and Paseo Encinal. City Manager DeLeon stated the Logic Resolution and Agreement is a new Investment Group that was recommended from our Accountants. Mayor Hornberger asked the homeowners that requested the stop signs stated they would pay for them at no cost to the City correct? City Manager DeLeon stated yes that is correct. Councilwoman Plant moved to accept the consent items A through G. Councilman Pellegrino seconded the motion. Departmental Reports: (Written reports submitted to City Council, no further discussion required, unless requested by City Council.) a) Police: (1.) Incidents, arrests and activity during the prior and current months. b) Fire: (1.) Fire and other service calls, activity and training activities during the prior and current months. c) Streets and Sanitation: (1.) Monthly Report d) Administration: (1.) Financial reports for April 2018; (2.) Monthly overtime, CT, vacation, sick leave report (3.) Building Department Report (4.) Municipal Court Report e) Manager s report: (1.) Discussion of written reports (if needed). Councilwoman Plant moved to accept the departmental reports as submitted. City Council Minutes May 17, 2018 Page 6

7 Executive Session: As authorized by Texas Government Code Sections (Attorney/Client Consultation) regarding terms for hiring a consultant for departmental review. Mayor Hornberger opened Executive Session at 6:57 p.m. Mayor Hornberger closed the Executive Session at 7:43 p.m. Discussion and take possible action regarding matters discussed in Executive Session Mayor Hornberger stated there is no action to be taken. There was no further business and the meeting was adjourned at 7:44 p.m. ATTEST: Ronald Hornberger Mayor Diane Gonzales City Secretary City Council Minutes May 17, 2018 Page 7