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Home My WebLink About04-23-97 TC MinTOWN OF WESTLAKE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF ALDERMEN APRIL 23, 1997 Present: Scott Bradley, Mayor Carroll Huntress, Mayor Pro -Tem Fred Held, Member Jerry Moore, Member Al Olen, Member Howard Dudley, Member Ginger Crosswy, Town Secretary Absent: Bill Wood The meeting was called to order at 7:30 p.m. by Mayor Scott Bradley. David Brown of 4050 Aspen Lane, Westlake, Texas, 76262, called a point of order to present a petition signed by 125 residents of Westlake to the Board of Aldermen. Mr. Brown stated that the residents were petitioning the Board of Aldermen to cease and desist from the following actions: 1. Attempts to remove Mayor Scott Bradley from office. 2. Entering into any agreements with the Lake Turner Municipal Utility Districts or other Ross Perot, Jr. entities before the May 3, 1997, election. 3. Paying from the Town Treasury the Aldermen's legal expenses incurred in attempting to subvert the free -election process. Mr. Brown also asked that the Board of Aldermen respond to the residents on the above listed points. Mayor Bradley accepted the petition on behalf of the Board under Section 22.043 of the Local Government Code. At this time Alderman Dudley moved to adjourn to Executive Session. This motion was seconded by Alderman Oien. There was no discussion. Motion carried 4 -for 1 - against - Fred Held Mayor Bradley read into the record a letter from the Ft. Worth Star -Telegram stating that the posting notice for this meeting does not list the items to be discussed in the Executive Session, pointing out that this is a violation of the Open Meetings Act and asking that future notices comply with this Act. Mayor Bradley told the assembly that the Town Secretary posted a notice for this meeting that did not include an Executive Session. A second notice was posted by Alderman Huntress that included the Executive Session but did not list the items to be discussed. He also stated that there would be a recording of the Executive Session and he would list the items discussed when the Board reconvened into open session. Alderman Huntress told the assembly that this meeting was a continued regular meeting of April 14, 1997. Mayor Bradley stated that he disagreed with this statement, as does the Attorney Generals' Office. Mayor Bradley 209 April 23, 1997 Special Meeting Page 2 said that this is a special called meeting even though under the Local Government Code only the Mayor can call a special meeting. Mayor Bradley then told the Board that he did not call this meeting nor did he have a request from three Board members to call this meeting. The Board then adjourned into Executive Session at 7:39 p.m. The Board reconvened into open session at 8:13 p.m. Mayor Bradley announced that the settlement of the litigation styled Civ of Roanoke v. Town of Westlake was the only item discussed in the Executive Session. Item #3: Consider and take necessary action with respect to ongoing litigation involving the City of Roanoke v. Town of Westlake. Motion by Alderman Huntress, seconded by Alderman Held, to table this item. There was no discussion. Motion carried 4 - for 1 - against Al Oien Item 94: Consider and take necessary action to approve payment of attorneys' fees in defending the Aldermen in the lawsuits brought by Don Redding and Oscar Renda. Motion by Alderman Dudley, seconded by Alderman Huntress, to approve payment of the amount billed by attorneys defending the Aldermen in the lawsuits brought by Don Redding and Oscar Renda. Alderman Held asked the Board if, in paying the fees incurred by the Aldermen in defending themselves, they are also going to pay the attorney fees for the Town Secretary who is defending in the suit of Town of Westlake v. Ginger Crosswy? Alderman Dudley amended his motion to include the Town Secretary's attorneys' fees. This was agreed to by the second. Motion carried 4 - for 1 - against Fred Held Item #5: Consider and ratify the action of the Town Attorney in connection with the on-going litigation. Motion by Alderman Oien, seconded by Alderman Dudley, to authorize and approve all actions of the Town Attorney in the following litigation: Don Redding v. The Town of Westlake Oscar Renda v. The Town of Westlake The Qty of Roanoke v. The Town of Westlake Town of Westlake v. Ginger Crosswy Alderman Held questioned the qualifications of the Town Attorney. There was no response. Motion carried 4 - for 1 - against Fred Held 210 April 23, 1997 Special Meeting Page 3 Item #6: Consider and take action to authorize the Town Attorney to take all action necessary in connection with the removal of the Mayor, including any legal action to respond to any attempts by the Mayor to delay or interfere with such removal proceedings. Motion by Alderman Dudley, seconded by Alderman Oien, to authorize the Town Attorney to take all actions necessary in connection with the removal hearings so long as these actions are within the constraints of the court order. Mayor Bradley read the attached court order into the record. Mayor Bradley told the Board that Judge McGrath intended that this item would be withdrawn. Mayor Bradley asked Alderman Dudley if he would like to withdraw this motion. Alderman Huntress moved the question. Motion carried 4 - for 1 - against Fred Held Item #7: Consider and take action to authorize the Town Attorney to participate in on- going mediation and to negotiate, as determined by mediation and the Board of Aldermen, an interlocal agreement with the Lake Turner Municipal Utility Districts. Motion by Alderman Huntress, seconded by Alderman Dudley, to authorize the Town Attorney to participate in, mediation and continued negotiation , as determined by mediation and the Board of Aldermen, and to negotiate an interlocal agreement with the Lake Turner Municipal Utility Districts. Alderman Held asked why this is on the agenda when nothing is to be done until after mediation is concluded? Alderman Huntress answered, "to authorize the new attorney to take part in the mediation." Motion carried 4 - for 1 - against Fred Held Item #8: Consider and take action to continue this meeting to Wednesday, April 30, 1997, at 7:30 p.m. at the Town Hall to consider items that may be required for consideration and action, which items will be posted in compliance with the Open Meetings Act. Motion by Alderman Huntress to continue this meeting to Wednesday, April 30, 1997, at 7:30 p.m. Mayor Bradley told the Board that he is calling a special meeting to be held at 7:00 p.m. on Monday, April 28, 1997, at this same location. Alderman Huntress withdrew his motion. The meeting was adjourned at 8:30 p.m. These minutes were never approved by any Board of Aldermen TOWN OF WBSTLA88 3 Village Circle Suite 207 Solana %lostlake, Texas 76262 jetro (817) 430-0941 ox (817) 430-1812 {Tr April 28, 1997 To the Board of Aldermen Re: Unlawfully Called Meeting Held April 23, 1997 Gentlemen: REMOVED APR 2 8 19V TOWN OF WESTLAKE TdoP.n.. Under the authority of Section 52.003 of the Local Government Code, I have disapproved all resolutions adopted at the purported meeting of the Board of Aldermen held April 23, 1997, because the meeting was not called in accordance with Local Government Code § 22.038. None of the matters considered at that meeting involved ministerial actions, so the meeting could have been called only by the mayor on his own motion or on the application of three Aldermen. Neither of these circumstances occurred. Respectfully yours, e Scott Bradley Mayor SB:dr cc: Mr. Carroll Huntress P. O. Box 593 Roanoke, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 508 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL To the Board of Aldermen April 28, 1997 Page 2 Mr. Howard Dudley 1650 West Dove Road Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 509 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Al Oien 1440 West Dove Road Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 510 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Jerry Moore P. O. Box 674 Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 511 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL Mr. Fred Held 4105 Aspen Lane Westlake, Texas 76262 VIA CERTIFIED MAIL NO. P 062 240 512 RETURN RECEIPT REQUESTED, HAND DELIVERY AND FIRST CLASS UNITED STATES MAIL