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06-12-2018 MinutesMINUTES REGULAR MEETING June 12, 2018 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on June 12, 2018, at 6:00 p.m. in the Hal Baldwin Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present to -wit: Mayor Michael Carpenter Councilmember Mark Davis Councilmember Scott Larson Councilmember Angelina Kiser Staff Present: Executive Director Dudley Wait City Attorney Dan Santee Mayor Pro -Tem David Scagliola Councilmember Ralph Gutierrez Councilmember Cedric Edwards Councilmember Bert Crawford Acting City Manager Brian James Assistant to the City Manager Sarah Gonzalez City Secretary Brenda Dennis Call to Order — City Council Regular Session Mayor Carpenter called the regular meeting to order at 6:00 p.m. Opening Prayer and Pledges of Allegiance to the Flags of the United States and State of Texas. (Councilmember Edwards) Presentations Presentation regarding the recent City of Schertz Texas Association of Municipal Information Officers (TAM10) Awards. (S. Gonzalez/L. Klepper) Mayor Carpenter stated that staff has asked that this be moved to the June 26th agenda. City Events and Announcements • Announcements of upcoming City Events (B. James/D. Wait/S. Gonzalez) Mayor Carpenter recognized Executive Director Dudley Wait who provided the following announcements: Civic Center Blue Bonnet Hall Thursday, June 141 Northeast Partnership Meeting 11:30 am Olympia Hills Golf Course and Conference Center Friday, June 151 Elected Officials Workshop 8:30 am — 4:00 pm 06 -12 -2018 Minutes Page - 1 - 8700 Tesoro Drive, Suite 100 The Alamo Area Council of Governments ( AACOG), in partnership with Denton, Navarro, Rocha, Bernal & Zech and CPS Energy will host a free one -day Elected Officials' Workshop to cover such duties and responsibilities of elected officials; introduction to city government; roles of the mayor and council; budgeting and financial management; and legal issues such as open meetings; open records, purchasing and conflict of interest. Registration is required on the AACOG website. Tuesday, June 191 Chamber Luncheon 11:30 am Civic Center Thursday, June 21 International Yoga Day -5:00 pm Pickrell Park – Yoga session, free and open to the public. Saturday, June 23rd Tee Off for the Library 10:00 am – 6:00 pm Schertz Library Help raise money for new picnic tables and benches in the Library Courtyard! $5 per person includes a round of mini golf, a hot dog, chips and a drink. Tuesday, June 26' City Council Meeting 6:00 pm Council Chambers Wednesday, July 01 4th of July Jubilee 9:30 am -10:00 pm Freedom Run 5K, live music, carnival, family fun, and fireworks. 4th of July Jubilee Float & Fireworks 6:00 pm -10:00 pm Pickrell Park Pool Wristbands (limited availability) must be purchased in advance at the Parks and recreation Office located at 10 Commercial Place, Building 91 FilinLx for Schertz City Council Election for November 6, 2018 begins July 23, 2018 The City of Schertz will be holding its General Election on November 6, 2018 for the purpose of re- electing Council Members in Place 6, and Place 7 for a three -year term, from November 2018 to November 2021. The Candidate packet is available in the City Secretary's office at 1400 Schertz Parkway, Building 2, or it can be found online at www.schertz.com. Should you have any questions, please contact the City Secretary's office at (210) 619 -1030. « Announcements and recognitions by the Acting City Manager (B. James) 06 -12 -2018 Minutes Page - 2 - Mayor Carpenter recognized Acting City Manager Brian James who stated he had sent an update that we had some of our Firefighters deployed out to assist with the wildfires at Fort Davis; they returned this afternoon. Mr. James stated regarding the status of the electronic sign, it has been delivered to the contractor and the contractor has applied for their permit to do the installation; they were missing a couple of documents. Once we receive them we can issue the permit and installation can proceed in a couple of weeks. He will keep Council posted as the project moves forward. Announcements and recognitions by the Mayor. (M. Carpenter) No announcements were provided. Dearing of Residents Mayor Carpenter recognized the following who spoke in favor of renaming the Schertz Ballpark to the Johnie McDow Sports Complex: • Mr. Nicholas McDow, son of Johnie McDow • Ms. Fae Simmons, 1216 Cyrus McCormick, Schertz, also a member of the Parks & Recreation Advisory Board • Mr. William Bosch, 1627 Osage Avenue, also a member of the Parks & Recreation Advisory Board • Mr. George Oberle Jr., 4513 Grand Forest Drive, Schertz • Mr. Fred Mehaffey, 3322 Orth Avenue • Ms. Donna Johnston, Cibolo • Mr. Brian Rothrock, Schertz • Mr. Ken Greenwald, 205 Westchester Drive, Schertz • Ms. Cindy Mullins, 561 Fox Ford Run, Schertz • Mr. Brian Rothrock, Schertz • Mr. John Sullivan, 513 Triple Crown, Schertz. He also addressed the need for improvement on Wiederstein Road and encouraged the city to work together with the City of Cibolo and to also discuss Old Wiederstein. Mayor Carpenter also recognized the following people who spoke regarding other matters: • Ms. Micki Tereletsky, 705 Marilyn, who also was in favor of renaming the ball park. Ms. Tereletsky provided a few comments relating to remarks made from a citizen at last week's meeting. Ms. Terelestsky stated her main topic was in her opinion what happened last week was nothing more than a set up to conduct a character assassination toward a citizen of this City. She believes a particular citizen seems to know what Council is going to do. She guesses the individual has inside information the rest of us do not. She stated there were 06 -12 -2018 Minutes Page - 3 - several ways to handle the nomination vote, but no, it was better to insinuate that the city has a racial problem and that anyone who makes a mistake and apologizes should forever be punished by people who consider themselves seated on a throne of power. She also stated its's sad that a councilmember harbors so much hate. How can you be happy if you haven't learned to forgive? It's been almost a year and you still hold a grudge. She hopes squatting on your spurs was worth it. ® Mr. Leon Hernandez, 701 Aviation Ave, Schertz, who spoke and expressed his disappointment with management within the City, directing most of his frustration to those in charge of Schertz Animal Services, the hiring process of a new supervisor and other current concerns at Animal Services he has heard. Finally, he stated that his wife and citizens deserve answers. He requests the City Council look into this department managers decision - making concerning Animal Services and whether those decisions were legally made and that all protocol was followed. ® Ms. Maggie Titterington, The Chamber, who spoke in favor of the renaming of the ballpark. Ms. Titterington complimented the partnership the City has with the YMCA and how outstanding the facilities are. She also spoke in favor of the workshop item regarding the Main Street Improvement project and Local Flavor Incentives. ® Mr. Brent Bolter, 2633 Cloverbrook Lane, who spoke on Workshop items 2 and 3, (2) Discussion and update regarding Wiederstein Road Improvement and agrees and also wants Council to look at Old Wiederstein and (3) Discussion regarding Social media and use of technology by the City Council. Mr. Bolter provided his opinion on trying to curtail what can be said on personal social media and cautioned council. ® Mr. Dana Eldridge, 2628 Gallant Fox Drive, who spoke on the fiasco of the last council meeting and how things were handled. He feels that Councilmember Kiser was out of line in her comments about Mr. Robin Thompson. He believes to him that a violation of some sort of code of ethics was breached. He stated he is disappointed and it was shameful and he is waiting for an apology. Consent Agenda Items 1. Minutes — Consideration and/or action regarding the approval of the minutes of the Regular meeting of June 5, 2018. 2. Resolution No. 18 -R -66 — Consideration and/or action approving a Resolution authorizing approval of the Bexar Metro 911 Fiscal Year 2019 Budget. (D. Wait) The following was read into record: 06 -12 -2018 Minutes Page - 4 - 3. Main Street Committee Member Reappointments — Consideration and/or action regarding the reappointments of the Main Street Committee members. (B. Dennis) Mayor Carpenter recognized Councilmember Crawford who moved seconded by Councilmember Edwards to approve consent agenda items 1 -3. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Discussion and Action Items 4. Resolution No. 18 -R -65 — Consideration and/or action approving a Resolution authorizing the renaming of Schertz Ballpark to the Johnie McDow Sports Complex. (B. James/L. Shrum) The following was read into record: RESOLUTION NO. 18 -R -65 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE RENAMING OF SCHERTZ BALLPARK TO THE JOHNIE MCDOW SPORTS COMPLEX. Mayor Carpenter recognized Parks Director Lauren Shrum who provided a brief PowerPoint presentation with the following information and highlights: • History of BYVA • Who is Johnie McDow - How long he has been involved with BY-VA - Growth of BVYA - Member of the Parks & Recreation Advisory Board since its inception January 2006 - Chair since 2014 - Through 2 major floods at Thulemeyer Park - Worked to garner financial sponsorships for BVYA • Parks Board unanimous recommendation to rename Schertz Ball Park to the Johnie McDow Sports Complex Members of Council expressed their gratitude to Mr. McDow and provided commentary of support for the renaming of the park. 06 -12 -2018 Minutes Page - 5 - Mayor Carpenter recognized Councilmember Davis who moved seconded by Councilmember Edwards to approve Resolution 18 -R -65. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 5. Resolution Igo° 18 - -67 — Consideration and/or action approving a Resolution authorizing an amendment to the Professional Services Agreement with Cobb, Fendley & Associates, Inc., relating to engineering design services for the Woman Hollering Creek Wastewater Main Project and other matters in connection therewith. (B. James/K. Woodlee) The following was read into record: Mayor Carpenter recognized City Engineer Kathy Woodlee who stated the City of Schertz is in the final stages of design of a project to construct a sanitary sewer system to collect and convey wastewater to the planned Cibolo Creek Municipal Authority (CCMA) water reclamation plant to be constructed off of Trainer Hale Road in southern Schertz. The system will consist of a gravity wastewater line from the existing lift station at the Sedona Subdivision at FM 1518 near the Woman Hollering Creek, approximately 11,500 feet to near the intersection of Woman Hollering Creek and the IH 10 right -of -way, a new lift station, and approximately 7,800 feet of force main from the lift station to the CCMA plant. The project also includes an additional gravity line approximately 1,500 feet in length along an unnamed tributary of Woman Hollering Creek that will connect to the primary gravity main. This system will provide the initial wastewater flow to the new CCMA plant and is necessary for the plant to begin operation and allow the existing Woman Hollering Lift Station at Sedona to be taken out of service. In September 2015, the City authorized a contract for professional services with Cobb, Fendley & Associates, Inc. (CobbFendley), to provide professional services including engineering, land surveying, geotechnical sampling, environmental investigation, and easement acquisition services related to the design and construction of the Woman Hollering Creek Wastewater Main Project. Additional services were authorized to be added to the contract by City Council on September 5, 2017. Further necessary additional services have been identified. The original scope of the project included a force main of only 6,000 .linear feet to the CCMA plant site. The design plan for the plant includes the intake point approximately 06 -12 -2018 Minutes Page - 6 - 1,800 feet away from the originally planned terminal point of the proposed force main. The addition of footage to the force main requires additional professional services including topographic and environmental surveying and engineering design. Minor revisions of the interceptor line to accommodate property owners along with ownership and property line changes have also necessitated additional work. The City is ready to move forward to finalize the Engineering and Design phase of the project and advertise for construction bids. Advertisement for bids to construct the COMA South Water Reclamation Plant is currently underway and the bid submittal deadline is June 28, 2018. In order to coordinate completion of the conveyance system and the plant at the same time, it is imperative that this phase of the project continue as quickly as possible. The cost provided by Cobb, Fendley and Associates Inc., to perform the known additional services as summarized herein and more descriptively listed in the attached scope of work will cost $125,481.27. City staff and Cobb, Fendley & Associates Inc., personnel are working with property owners to negotiate the acquisition of easements needed for construction and operation of the wastewater system. Because of the uncertainty of the amount of effort needed with each property, staff is also requesting authorization of an additional $50,000 to be used only if necessary for further unexpected expenditures with Cobb, Fendley & Associates Inc. Resolution 18 -R -67 authorizes approval of the known scope and cost addition to the contract and authorizes further additional expenditures should they be needed up to an additional $50,000 for a total authorization of $175,481.27. The schedule currently anticipates completion of the initial portion of the system by late 2018 and acceptance of the entire project by late 2019. Ms. Woodlee addressed questions from Council. Staff recommends approval. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Gutierrez to approve Resolution 18 -R -67. The vote was unanimous with Mayor Pro -Tem Scagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. 6. Ordinance No. 18 -M -20 — Consideration and/or action approving an Ordinance authorizing and amending the City Council Rules of Conduct and Procedure as they relate to properly placed items on a future agenda. First Reading (Mayor /Council) The following was read into record: ORDINANCE NO. 18 -M -20 AN ORDINANCE BY THE CITY OF SCHERTZ AUTHORIZING AND AMENDING CITY COUNCIL RULES OF CONDUCT AND PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE 06 -12 -2018 Minutes Page - 7 - Mayor Carpenter stated at the City Council meeting of June 5, 2018 members of Council voted to make the following changes to their Rules of Conduct and Procedure: The following sections will be updated: Article 6, 6.1 adding (f) Chair Shall Not Entertain Objections. An agenda item properly placed on a future agenda by a member of Council during open session shall not be subject to objection by another member. Mayor Carpenter asked Council if they had any questions on the change made to the rules and believes that they are clear. Mayor Carpenter recognized Councilmember Crawford who moved seconded by Councilmember Edwards to approve Ordinance 18 -M -20 first reading. Mayor Carpenter recognized Councilmember Gutierrez who stated we are discussing the objection and asked the Mayor if that was correct. In answer, Mayor Carpenter stated on this particular one we took a vote and the prevailing will of Council will clarify that objections to requests by Councilmembers for items to be placed on a future agenda will not be considered by the Chair. Councilmember Gutierrez stated that he just wants to caution his colleagues that this has the potential of causing more harm. He does not agree with it and thinks that there is a better compromise that could be worked out, instead of just removing the objection completely. He stated there is no subject crucial enough that it could not wait another week if there is an objection and we cannot discuss it. Then maybe at that point take a vote and with the majority of the Council saying let's move on, we could go ahead and put the item on the agenda. It could become a circus and that is his fear, we don't want it to be a circus. He stated we are here to conduct serious business matters of the city. As no one else spoke, Mayor Carpenter called for the vote. The vote was 5 -2 -0 with Mayor Pro -Tem Scagliola, Councilmembers Davis, Edwards, Kiser and Crawford voting for and Councilmembers Gutierrez and Larson voting no. Motion Passed. 7. Ordinance No. 18 -M -21 — Consideration and/or action approving an Ordinance temporarily suspending certain provisions of Chapter 62 of the City of Schertz Code of Ordinances regulating peddlers and solicitors; repealing all Ordinances or Parts of Ordinances in Conflict with this Ordinance; declaring an emergency; and providing an effective date and other matters in connection therewith. First & Final (B. James) The following was read into record: 06 -12 -2018 Minutes Page - 8 - Mayor Carpenter recognized Executive Director Dudley Wait who stated the Police Department is reviewing the City's Solicitation Ordinance in response to changes in law, changes in legal precedence and in response to both citizen complaints and issues they have encountered while carrying out their daily duties. Currently, the City's Solicitation Ordinance, Chapter 62 of the City of Schertz Code of Ordinances, Peddlers and Solicitors, makes it unlawful for any person to engage in peddling or soliciting within the city between the hours of 6:00 p.m. and 10:00 a.m. or at any time on Sunday. After conversations with the City Attorney, it is proposed to temporarily suspend a portion of the provision relating to hours of solicitation until the complete update can be adopted in a few weeks. The attached proposed ordinance for consideration, temporarily restricts enforcement of this section between the hours of 6:00 p.m. and 30 minutes after sunset Monday through Saturday. Soliciting will still be prohibited on Sundays. Staff recommends Council approve Ordinance No. 18 -M -21 on first and final reading, declaring an emergency and authorizing a temporary suspension of certain provisions of Chapter 62 of the City of Schertz Code of Ordinances relating to restrictions on hours of solicitation. Mr. Wait addressed questions from Council regarding the need for declaring an emergency. Mayor Carpenter recognized Councilmember Edwards who moved seconded by Councilmember Kiser to approve Ordinance 18 -M -21 first and final reading and declaring an emergency. The vote was unanimous with Mayor Pro -Tem Seagliola, Councilmembers Davis, Gutierrez, Larson, Edwards, Kiser and Crawford voting for and no one voting no. Motion Passed. Roll Call Vote Confirmation City Secretary Brenda Dennis provided the Roll Call Vote Confirmation for agenda items 1 -7. Workshop ® Discussion regarding the Main Street Improvement Project and Local Flavor Incentives. (B. James/K. Kinateder) Mayor Carpenter recognized Acting City Manager Brian James who stated there has been a committee of city council who has been working for some time now to help us determine how we want to spend city funds for Main Street. A couple of resources were some bond money and road improvement money that was left over. The idea was to also work on 06 -12 -2018 Minutes Page - 9 - getting some other funding to add to this. While the focus was initially on the physical improvements, it also became a goal to turn Main Street into an area where folks wanted it to be the heart and center of the community, which we don't have presently. Some things the committee has come up with are parking lot improvements, providing some identity signage and sidewalk enhancements. Adequate lighting was also a big concern along with street surface improvements and bump -outs to control speed. Another idea was to add some decorative things at key intersections (ornamental benches, trash cans, etc.) as well as other structures that might add more character. After seeking input from some of the stakeholders in the area, the resulting feedback was that the direction we are headed seems generally positive. Now we have to concentrate on how we will balance the use of the available funds. There was also feedback on the new `Movin on Main' project and maybe tying in other city park events with Main Street. The last area of discussion has to do with furthering our local flavor with incentives. We have a Main Street Improvement Grant which requires a property to be at least 50 years old to meet the historical designation. There are some fee waivers for the Main Street area and we also have the Main Street mixed use district. Other ideas staff came up with as a result of citizen feedback was a facade grant, a sign grant, landscaping /site improvements and capital investment grants. The idea here is to make these options available to as many people as possible; they would be categorized as matching grants. Staff recommends we continue to work with the Main Street Committee, pull the consultant back in and get more specific direction on utilizing the funds we have. Eventually, in the future we also would like to tie in to some key areas located on FM 78. ® Discussion and update regarding Wiederstein Road Improvements. (B. James/K. Woodlee) Mayor Carpenter recognized Acting City Manager Brian James who stated as Council knows, the City of Cibolo has asked us to participate with them in making improvements to Wiederstein Road. The problem becomes road priority in each community. Mr. James recommends making this one a priority because we have the ability to leverage some of our funds to spend a lower amount of money and get a larger amount of improvement. It should also be more cost effective now as opposed to in the future when FM 1103 has gone under construction. The primary reason, however, is not to pay for a project in Cibolo, but to make an improvement now that is a larger benefit to our own residents. Staff recommends the city put up to $1 million towards those improvements. Cibolo estimates those improvements may be up to $4.6 million. Cibolo would be responsible for ensuring the rest of the funds are put up. Cibolo would be in charge of the project. Mr. James explained the options available of getting the funding (most likely, from general funds). It will take a while to collect funding from the Impact Fees. Additionally, we have other roads that are in need of improvements. Lastly, the suggestion is to approach TxDOT to see if they can bring additional funding forward to do the overpass at the same time. This 06 -12 -2018 Minutes Page -10 - would mean that the cost of Schertz's contribution for the projection would increase by another $500,000. What staff is looking for this evening is for Council to say we are comfortable with the agreement with Cibolo. Cibolo is also requesting renaming that part of Wiederstein Road to Cibolo Valley Drive. He commented that we as a city do work together with Cibolo a lot. Mayor Carpenter stated that this has been talked about for a number of years. Challenges have been resources ($$), impetus, and timing. He looks forward to taking this forward to Cibolo. He feels that having three different roads in our city with the name Wiederstein is a challenge and the public safety aspect of it has changed his thinking. If it adds clarity for our first responders, then it is a good change. He supports this. Mr. James continued and answered questions from council regarding who would oversee the construction of the road and where would a signal light be installed, turnaround lane costs, more development and traffic congestion effects, agreement structure provisions, developer costs, and use of money resources. Discussion regarding Social media and the use of technology by the City Council. (Item requested by Mayor Pro -Tem Scagliola) Mayor Carpenter recognized Mayor Pro -Tem Scagliola who stated he proposes they establish a focus action group of no more than three councilmembers and a number of residents to explore guidelines for using social media by members of our council; that protects the rights of our members mitigates legal and ethical challenges, is responsive to the needs of our residents and promotes the good of our community. He read some excerpts from the City Council Code of Ethics and said while he does not want to suppress anyone's right to speak or be heard, as elected officials they all have an obligation to hold themselves up to a higher standard for the good of the community. His intention is not to dictate, punish, or mandate compliance standards, but rather to expand our Media Communication Guidelines to address the opportunities and challenges associated with Social Media. He has no hidden agenda. He believes they can draft acceptable guidelines as a team and focus on the tenets of trust, respect, accountability, responsibility and a common goal. Councilmember Edwards requested advice from City Attorney Dan Santee in regard to what Mr. Bolter had suggested before —a position paper. He also asked when can they separate themselves from our duties as a councilmember —is that after we have lost our election? Mr. Santee stated that a position paper is still subject to interpretation and he agreed with his second question. Councilmember Gutierrez made the point that President Trump has offended many people many times. Who determines what is offensive, because this subject matter is strictly 06 -12 -2018 Minutes Page - 11 - subjective. An objective perspective is one that is not influenced by emotions, opinions, or personal feelings. The only fact we know is that someone posted something and it has the potential of offending anyone. Many elected officials want to embrace social media to better communicate with their constituents. As councilmembers we must abide by the open meetings act. He cannot and will not allow his fellow councilmembers to dictate what he can and cannot post on social media. Who are we to judge? Judgement will be administered at the next election. Councilmember Larson spoke about prior comments on ensuring postings made are `open, honest, and transparent. Who determines this? What reflects well on the city? Council is the only body that can regulate these changes. The recommendation that we follow those based on the school board are even more concerning— `Avoid posting content that indicates you have already formed an opinion on pending matters.' He stated, in this case, he has already violated that a lot. He continued reading several more guidelines and provided his reasons why he enjoys using social media as a modern -day communication tool. The proposed example is even more absurd to him. Councilmember Kiser agreed that we should not be judging subjectively. She would like to see something on the legal issues with this. She is not saying `regulate anything' because if you wish to post your opinion on something she is fine with that. She feels everyone can be responsible with that. However, to protect themselves, it would be good to know what the legal issues are with using this communication tool. Councilmember Edwards suggested they be a part of the subcommittee and bring it back to Council for consideration. Councilmember Larson stated they don't need a subcommittee and he agrees with Councilmember Kiser that they should have a briefing on the legal ramifications of using social media, but we already agreed to this two times ago when they discussed this subject in the past. Councilmember Scagliola spoke again stating he thinks there is a gap about what is and what is not appropriate. Guidelines and recommendations are simply that. As Council, they can determine what is right and wrong. He doesn't know why there is fear with going forward with this although it is a touchy subject. However, it needs to be addressed. He offered to sit on a committee. When asked by Mayor Carpenter what the problem is, Councilmember Scagliola said he feels our guides are incomplete because they deal with city council media communications guidelines which had to do with basically talking to the media. There are other aspects of it now. Freedom of Speech is not absolute —there are a lot of things you cannot do. Councilmember Davis stated he feels he was clear on his perspective at the last meeting. He doesn't understand the need for a working group. He has said before that some of the actions that you could take on social media have legal ramifications. He does not believe we need to restrict any member's actions on social media in any way but he feels the City should provide some kind of training to staff, council and boards and commission members on potential legal ramifications of what you do. He doesn't see the value of some councilmembers and residents getting together and say `Why don't we do this ?' when no one knows the rules. He 06 -12 -2018 Minutes Page -12 - feels sure there is enough case law out there or some other things from TML for us to use to guide us. Mayor Carpenter stated he wished to remind council they had given direction to the city attorney to come back to us with a proposed education format and content around the use of social media, which he thinks included offering an optional education for all members of council and potentially all appointees of the city council on the legal aspects of social media and the legal ramifications of certain actions /activities. He believes it is already built. He feels this is plenty. Although he is not an attorney, even hate speech is protected speech, even stupid speech is protected speech, and even foolish speech is protected speech —as it should be. Any member of council who wishes to go on social media and make a fool of themselves or do something stupid or say something hateful, it is the inherent right of that individual to do so and he guarantees you, the voters will correct anything they find to be untenable or unacceptable to them. This decision belongs to the voters and we work for them. He feels the city attorney's office should come back before this council and review the curriculum that they have proposed and make it available to every councilmember and every appointee of this Council so that be well informed and make good adult decisions as we march forward. Councilmember Scagliola stated he fmds that acceptable and has no desire to re- invent the wheel. If we are already moving in that direction, let's move. Councilmember Edwards added that each year they go to the annual TML Conference and each year they have a section on social media. He encouraged councilmembers who have never gone, to avail themselves of that event. Mayor Carpenter asked City Attorney Dan Santee to arrange, in the next couple of meetings, to come back and present the initial framework that was presented before and after that presentation, begin the process of something formalized for us. Closed Session Mayor Carpenter asked the Council if there was a need to meet this evening and it was the concurrence of Council they did not need to meet this evening. 8. City Council will meet in closed session under Section 551.074 of the Texas Government Code, Personnel Matters to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. Council did not meet in closed session. Requests and Announcements ® Announcements by the Acting City Manager. Mayor Carpenter recognized Acting City Manager Brian James who stated for folks who may view the video later, there are four information updates in the packet which should be 06 -12 -2018 Minutes Page -13 - online. One is a request to rename Oak Forest Park, the second one is an update on the improvements done to the Wendy Swan Memorial Park Pool. The next one is an overview of the Shred Day event and lastly, a summary of the Fee Schedule changes. Anytime we get citizen comments about something going on at the city that is a concern, staff investigates it. If council ever wants an update on that feel free to contact him and he can walk you through that information. • Requests by Mayor and Councilmembers that items be placed on a future City Council agenda. Mayor Carpenter recognized Councilmember Crawford who asked Mr. James if it would be worthwhile to give the brief he was just discussing in a closed session when we meet the next time as an update for everybody instead of repeating the story 7 or 8 times? Mayor Carpenter recognized Councilmember Larson who stated he is grateful for the information packet provided for the Shred Day but he was hoping it could be a discussion item like our other events. Second, he would like to discuss the makeup of the Interview Committee (not the individual members) and the philosophy of the makeup of that committee and whether or not we should have fewer Councilmembers and more Board members —the structure of the board. Mayor Carpenter recognized Councilmember Gutierrez who requested a closed session to discuss the violation of the Code of Ethics regarding Councilmember Kiser and her comments. Mayor Carpenter stated he was going to follow our procedure under our Ethics Code and discuss the allegations made with the Mayor Pro -Tern and the City Attorney. This is actually the proper method if we look at page 8 under the section titled Procedure for Conducting Inquiries. Councilmember Gutierrez then withdrew his request. • Announcements by Mayor and Councilmembers • City and community events attended and to be attended • City Council Committee and Liaison Assignments (see assignments below) • Continuing education events attended and to be attended • Recognition of actions by City employees • Recognition of actions by community volunteers Mayor Carpenter recognized Councilmember Gutierrez who attended the Movie in the Park gathering this past Saturday —it was a large crowd —kudos to the Parks and Recreation team for putting this together. Mayor Carpenter recognized Councilmember Crawford who stated he attended the Police Department Officer Swearing in Ceremony this afternoon —it was very nicely done. Mayor Carpenter stated he attended the Police Department Ceremony as well and he was honored to be invited for the first time. He was asked to put the PD pin on the left lapel of 06 -12 -2018 Minutes Page - 14 - each of the officers and those that were promoted. He thanked Chief Hansen for inviting him; he enjoyed it a great deal. 9. Information available in City Council Packets - NO DISCUSSION TO OCCUR- • Citizen request to rename Oak Forest Park to Coy Simmons Park. (B. James/L. Shrum) • Update on Wendy Swan Memorial Park Pool Cosmetic Renovation. (B. James/L. Shrum) • Update regarding the City of Schertz Shred Day Event. (B. James /S. Gonzalez) • Fee Schedule Wrap Up. (B. James /J. Walters) Adiournment As there was no further business, Mayor Carpenter adjourned the rpg at 9:01 p.m. Michael R. Carpenter, Mayor ATTF-�T: Brenda Dennis, CitySecfetary 06 -12 -2018 Minutes Page - 15 -