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Home My WebLink About04-14-97 TC MinTOWN OF WESTLAKE MINUTES OF THE MEETING OF THE BOARD OF ALDERMEN APRIL 14, 1997 Present: Scott Bradley, Mayor Carroll Huntress, Mayor Pro -Tem Al Oien, Member Fred Held, Member Howard Dudley, Member Jerry Moore, Member arrived during Executive Session Bill Wood, Town Attorney Ernie Hedgcoth, Town Engineer Ginger Crosswy, Town Secretary Absent: No one The meeting was called to order at 7:05 p.m. by Mayor Bradley. Item #1: Approve the minutes of the March 19, 1997 regular meeting, March 24, 1997 special meeting and April 8, 1997 special meeting. Motion by Alderman Huntress, seconded by Alderman Dudley, to table this item until the Town Attorney has time to transcribe the tapes of those meetings. Motion carried unanimously. Item #2: Citizens' Presentations: No one addressed the Board. Item #3: Consider a contract with Laidlaw Waste Systems for collection of garbage in the Town. Doug Rivers with Laidlaw Waste Systems presented the contract to the Board, covering the major points. Motion by Alderman Huntress, seconded by Alderman Oien, to table this item until the Town Attorney has time to look at this contract. Motion carried unanimously. Item #4: Consider the site plan submitted by Maguire -Thomas Partners to expand the parking at Village Center by 85 spaces. Mayor Bradley told the Board that Maguire -Thomas Partners has asked that this item be tabled as they are making some adjustments to the site plan. Item #5: Consider Resolution 97-4 to transfer cable television franchise from Harron Cable to Marcus Cable. Tom Soulsby of Marcus Cable told the Board that there are only five cable customers in Westlake at this time, but Marcus Cable plans to expand cable service to more residents. After a short question and answer period, there was a motion by Alderman Dudley, seconded by Alderman Huntress, to approve Resolution 97-4. Motion carried unanimously. 205 April 14, 1997 Regular Meeting Page 2 Item 46: Establish priorities for any road projects for which County assistance is required. Mayor Bradley told the Board that this item is in response to a letter from County Commissioner Glen Whitley requesting information as to the Town's needs for the next year. The Board asked Ernie Hedgcoth, the Town Engineer, to contact Mr. Whitley with that information. Item 47: Continuation of PUBLIC HEARING to consider adoption of a water and wastewater capital improvement plan and to consider the adoption of water and wastewater impact fees. After opening the Public Hearing, Mayor Bradley asked if there were any comments. No one wished to address the Board and this Public Hearing was continued in an open status until May 5, 1997. Item #8: Continuation of PUBLIC HEARING to consider adoption of a roadway capital improvement plan and to consider the adoption of roadway impact fees. After opening the Public Hearing, Mayor Bradley asked if there were any comments. No one wished to address the Board and this Public Hearing was continued in an open status until May 5, 1997. Item #9: Continuation of PUBLIC HEARING to consider adoption of revisions to the Unified Development Code revising planned development zoning district regulations. After opening the Public Hearing, Mayor Bradley asked if there were any comments. No one wished to address the Board and this Public Hearing was continued in an open status until May 5, 1997. Item #10: Continuation of PUBLIC HEARING to consider adoption of revisions to the Unified Development Code revising subdivision and platting regulations. After opening the Public Hearing, Mayor Bradley asked if there were any comments. No one wished to address the Board and this Public Hearing was continued in an open status until May 5, 1997. Item #11: Consider and take action necessary to reconsider Ordinance No. 270 rescinding Ordinances No. 237 and No. 253. Alderman Huntress read a statement from the Town Attorney stating that the previous actions on Items #11 and #12 were legal and fully enacted notwithstanding any claims by the Mayor to the contrary. Nevertheless due to the Mayor's removal of the notice of the April 11, 1997 special meeting, the Board should reconsider and ratify the previous actions. Motion by Alderman Huntress, seconded by Alderman Oien, to adopt Ordinance No. 270. Motion carried 3 for 1 against - Fred Held 200 April 14, 1997 Regular Meeting Page 3 Item #12: Consider and take action necessary to ratify the hiring of a new Town Attorney. Motion by Alderman Huntress, seconded by Alderman Dudley, to hire Wood, Thacker & Weatherly as the new Town Attorney. Alderman Held stated that since he had never met the attorneys he would abstain. Motion carried 3 for 1 abstention - Fred Held Item #13: Consider and take action necessary to terminate, reinstate, and hire consultants. Mayor Bradley brought to the Board's attention a letter from Freilich, Morgan, Leitner & Carlisle asking for clarification as to whether their firm will continue to represent the Town in the impact fee process, the ordinance revision process and the mediation with the Lake Turner MUI)s and Hillwood Development. Motion by Alderman Huntress, seconded by Alderman Oien, that pursuant to Resolution 97-3, previously adopted by the Board of Aldermen, the Town will retain Metroplex Engineering Consultants. All other consultants are hereby terminated in accordance with the provisions in their respective contracts. Alderman Held questioned terminating the attorneys involved with the mediation. Alderman Huntress stated that the Town's new attorney would handle this mediation. Motion carried 3 for I against -Fred Held Alderman Huntress requested that the Board move into Executive Session at this time. The Board convened into Executive Session at 7:25 p.m. The Board then reconvened into Open Session at 7:52 p.m. Item #14: Consider and take action necessary with respect to ongoing litigation involving the Town. No action was taken on this item. Item #15: Consider and take action necessary to reconsider ordinance prescribing the duties and powers of the Mayor. Although the Mayor called for any action on this item, no one responded and no action was taken on this item. The Mayor announced that Item # 15 is the same action item as Item # 16. Item #16: Consider and take action on an ordinance prescribing the powers of the Mayor pursuant to section 22.042 (a) of the Texas Local Government code. Motion by Alderman Huntress, seconded by Alderman Oien, to reconsider and adopt Ordinance 271. Alderman Held asked what powers of the Mayor will be changed with this ordinance? Alderman Huntress stated that this ordinance would limit the size check the Mayor could sign. Any check over $500.00 would require three signatures. Alderman Held asked who would police this since the Bank has told the Town that they could not police the current policy 207 April 14, 1997 Regular Meeting Page 4 requiring two signatures on checks over $1000.00? Alderman Huntress responded that this was not true. Mayor Bradley told the Board that this limitation could be made by a motion from the Board and did not require an ordinance. Motion carried 4 for 1 against - Fred Held The entire agenda having been concluded, the Mayor announced that the meeting was adjourned. Nevertheless, Alderman Huntress then moved to adjourn this regular meeting until 7:30 p.m. on Wednesday, April 23, 1997, at the same location, at which time to consider items not addressed at the current meeting and any items that may be added under the Open Meetings Act. After much discussion between Alderman Huntress and Mayor Bradley as to the legality of this motion, Alderman Oien appealed the motion. The motion was then seconded by Alderman Oien. Motion carried 4 for 1 against -Fred Held The meeting was then adjourned at 8:05 p.m. These minutes were never approved by any Board of Aldermen