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Home My WebLink About05-19-97 TC Min255 TOWN OF WESTLAKE MINUTES OF THE REGULAR MEETING OF THE BOARD OF ALDERMEN MAY 19, 1997 Present: Scott Bradley, Mayor Charla Bradshaw, Mayor Pro -Tem Abe Bush, Jr., Member Fred Held, Member Paul Isham, Town Attorney Ed Snyder, Special Counsel Ernie Hedgcoth, Town Engineer Ginger Crosswy, Town Secretary Absent: Carroll Huntress Howard Dudley Item #1: The meeting was called to order by Mayor Bradley at 7:50 p.m. Item #2: Citizens' Presentations: Allen Heath, 5944 Stagecoach Circle, Westlake, urged the Board to pursue any avenues available with respect to any suspected criminal activity. Item #3: Consider and approve minutes from the two special meetings of May 8, 1997, the emergency meeting of May 9, 1997, and the regular meeting of May 12, 1997. Motion by Alderman Bush, seconded by Alderman Heid, to table this item. Motion carried unanimously. Item #4: Review any bills paid or unpaid. Alderman Bush asked who Pro Com Legal Video is? Mayor Bradley told the Board that this is the company hired by Bill Wood to video our meetings and this bill was for two copies of the hearing on April 29, 1997. Alderman Bush asked who Newman, Jackson, Bieberstein, Inc. is? Mayor Bradley answered that this is our landscape consultant and this bill involved the site plan to expand the parking area in Solana submitted by Maguire Partners. Alderman Bush asked if the charge from Cantey & Hanger is large because the copies for Nancy Moffat are included? Mayor answered yes. Alderman Bush also had a question about the bill from Charles Haynes, CPA, but Mr. Haynes had not yet arrived. Item #5: Recognize Debra Heath as the Volunteer of the Year for Westlake. Betty Redding, who was coordinator for selecting the Volunteer of the Year, introduced Debra Heath. 256 May 19, 1997 Regular Meeting Page 2 Item #6: Consider and take action to approve payment for election personnel. Motion by Alderman Held, seconded by Alderman Bush, to table this item until the secretary could furnish more information. Motion carried unanimously. Item #7: Consider and take action to hire and reinstate Charles Haynes, CPA as the Town auditors. Motion by Alderman Bush, seconded by Alderman Held, to table this item. Motion carried unanimously. Item #8: Mayor Bradley said that this item will be considered later after Mr. Haynes arrives. Item #9: Review all of the Town's Corporations. Mayor Bradley gave a short explanation of the following Corporations: Texas Student Housing Corporation Lone Star Public Facilities Corporation Westlake Development Corporation Westlake 4A Corporation Lone Star Hospital Authority Mayor Bradley asked the audience to think about new members and replacement members for the Boards of the above listed Corporations and to give any names they might have to Alderman Bush. Item #10: Consider and take all action necessary to override the purported vetoes of Dale White as shown in exhibit A attached to these minutes. Motion by Alderman Bush, seconded by Alderman Bradshaw, to override the purported vetoes of Dale White as shown in exhibit A. Motion carried unanimously. Item 411: Acknowledge, confirm and ratify the following vetoes filed by Mayor Scott Bradley: (a) March 8, 1997 - Purported adoption of ordinance at a meeting called by Aldermen Huntress, Oien, Dudley and convened at 6:00 p.m. on March 5, 1997. Motion by Alderman Bradshaw, seconded by Alderman Held, to acknowledge, confirm and ratify the veto filed by Scott Bradley on March 8, 1997, regarding the adoption of an ordinance at a meeting held on March 5, 1997. Motion carried unanimously. 257 May 19, 1997 Regular Meeting Page 3 (b) March 23, 1997 - Ordinance No. 270. Motion by Alderman Bradshaw, seconded by Alderman Bush, to acknowledge, confirm and ratify the veto filed by Scott Bradley on March 23, 1997, regarding Ordinance No. 270. Motion carried unanimously. (c) March 28, 1997 - Resolution No. 97-3. Motion by Alderman Bradshaw, seconded by Alderman Held, to acknowledge, confirm and ratify the veto filed by Scott Bradley on March 28, 1997, regarding Resolution No. 97-3. Motion carried unanimously. (d) April 28, 1997 - Unlawfully called meeting held on May 2, 1997. Motion by Alderman Bradshaw, seconded by Alderman Bush, to acknowledge, confirm and ratify the veto filed by Scott Bradley on April 28, 1997, regarding an unlawfully called meeting held on May 2, 1997. Motion carried unanimously. (e) May 1, 1997 - Unlawfully called meeting held on May 2, 1997. Motion by Alderman Bradshaw, seconded by Alderman Held, to acknowledge, confirm and ratify the notice filed by Scott Bradley on May 1, 1997, regarding an unlawfully called meeting that was to be held on May 2, 1997. Motion carried unanimously. (f) May 5, 1997 - Unlawful meeting held on May 2, 1997. Motion by Alderman Bradshaw, seconded by Alderman Bush, to acknowledge, confirm and ratify the veto filed by Scott Bradley on May 5, 1997, regarding actions taken at an unlawful meeting held on May 2, 1997. Motion carried unanimously. (g) May 12, 1997 - Unlawful meeting held May 8, 1997 that was presided over by Dale White. Motion by Alderman Bradshaw, seconded by Alderman Held, to acknowledge, confirm and ratify the veto filed by Scott Bradley on May 12, 1997, regarding actions taken at an unlawful meeting held on May 8, 1997. Motion carried unanimously. (h) May 12, 1997 - Unlawful meeting held May 9, 1997 that was presided over by Dale White. Motion by Alderman Bradshaw, seconded by Alderman Bush, to acknowledge, confirm and ratify the veto filed by Scott Bradley on May 12, 1997, regarding actions taken at an unlawful meeting held on May 9, 1997, that was presided over by Dale White. Motion carried unanimously. May 19, 1997 Regular Meeting Page 4 Item #12: Consider and take action to appoint members of the Planning and Zoning Commission, including the Chair. Alderman Bradshaw asked what is the process to expand the Planning and Zoning Commission from three members to five Mr. Isham answered that there will have to be an ordinance approved expanding the commission; then the Board can fill the seats whenever they choose. Motion by Alderman Bradshaw, seconded by Alderman Bush, to table this item and instruct Mr. Isham to prepare an ordinance for the Board's consideration. Motion carried unanimously. Item #13: The Board recessed into executive session at 8:38 p.m. The Board reconvened into open session at 10:03 p.m. Item #14: Consider and take action necessary with respect to any of the pending matters in item #13 above or other contemplated actions against parties involved in actions to destroy the Town. No action was taken on this item. Item #8: Consider and take action to amend the budget in regard to legal fees. The Board asked Charles Haynes what procedure to follow in amending the budget. Mr. Haynes responded that a resolution is needed to increase the budget. Motion by Alderman Held, seconded by Alderman Bradshaw, to amend the budget to increase the line item for legal fees to $300,000.00. Paul Isham, the Town attorney, will draft a resolution for the Board's consideration at the next meeting. Motion carried unanimously. Item #15: Consider and take action to approve payment of legal fees to Goins, Underkofler, Crawford & Langdon, L.L.P. in the amount of $39,176.30. The Mayor yielded the chair to the Mayor Pro -Tem and took no part in this discussion or consideration of this item. Mayor Pro -Tem Bradshaw stated that this bill is for legal fees in respect to the ongoing litigation initiated by Mayor Bradley against Messrs. Huntress, Dudley, Oien and Moore. The bill covers the period of April 8, 1997 to May 12, 1997. Motion by Alderman Held, seconded by Alderman Bush, to approve payment of legal fees to Goins, Underkofler, Crawford & Langdon, L.L.P. in the amount of $39,176.30. Mayor Pro -Tem Bradshaw told the audience that each time a bill for legal fees is presented to the Town it will go on the agenda listing the firm and the amount and each separate bill will be reviewed. Motion carried unanimously. Item #16: Consider and take action to hire Whitten & Griffin as local counsel in litigation matters in Denton County, Texas. Mayor Bradley resumed the chair. May 19, 1997 Regular Meeting Page 5 Motion by Alderman Bradshaw, seconded by Alderman Held, to hire Whitten & Griffin as local counsel in litigation matters in Denton County, Texas. Alderman Bradshaw told the assembly that it is important to have someone familiar with the local Court's rules and customs involved in the Town's representation. Motion carried unanimously. Item 417: Consider and take action in hiring additional firms or lawyers as special counsel in pending or contemplated litigation matters. No action was taken on this item. Item #18: Motion by Alderman Bush, seconded by Alderman Bradshaw, to adjourn. Motion carried unanimously. The meeting was adjourned at 10:10 p.m. Scott Bradley, Mayor ATTEST: Ginger Crosswy, Town Secretary May 15, 1997 To the Board of Aldermen Re: Meeting held May 12, 1997, that was presided over by Scott Bradley Alderman: Under the authority of Section 52.003 of the Texas Local Government Code, I hereby disapprove all ordinances, resolutions and other actions adopted at the Board of Aldermen meeting held May 12, 1997, that was purportedly presided over by Scott Bradley. Mr. Bradley was lawfully removed by a judgment of the Board of Aldermen on April 29, 1997; which removal was recognized by the Fort Worth Court of Appeals. Mr. Bradley has blatantly defied the decision of the Court of Appeals and has continued to misrepresent to the publicat, large, and to the citizens of Westlake in particular, that he is still the mayor. Mr. Bradley.has also taken many actions purportedly on behalf of the Town and purportedly m the capacity of mayor. This nonsense must stop. Scott Bradley is not the mayor, of_ a andinothing_that he has done since his removal in his .self proclaimed' capacity j yo auY effect. Consequently, I am exercising nye authority to "veto" th y ,pa ei enced ordinances; resolutions and actio nstakenYa he May 12 meeting. eto 1,014'but is not limited to; ordinances; resiillutzoranc other- o4.-' eri, 'oilo , agenda items: y "iE 1. 9ETo. 5 to which the Board purportedVt "' ` to which the Board rtecto " tnal tai: Seita eye, nd ursuarrt puipo .nom `' , s 2. Agenda- temiN& j pursuant to which the Board purported to te mivate 1 1 ' Wood, Thacx &Weatherly. as Town Attorney. 3. Agenda Item No 7 pursuant to which the Board purporfed-to reinstate Paul Isham a§ the Town Attorney. 4. Agenda Item No 8 pursuant to which the Board purported to hire Terry Morgan and Fredich, Morgan; Leitner & Carlisle as Special Counsel and as counsel for. the Town for land use matters. 5. A.genda Item No. 9 pursuant to which the Board purported to open. new checking accounts. 6. Agenda ItemNo-LO pursuant to which the Board purported to take action with too e gown'$, account with TexPool. {k(,, _1,fZ s s., " + C , •` .,c,}.r '" f, -ii'`'i 7.- Agenda Item No. 11 pursuant to which the Board purported to repeal all ordinances and resolutions concerning any disannexations, release of extraterritorial jurisdiction, and joint resolutions and agreements for release and acceptance of extraterritorial jurisdiction at the meetings held on May 2, May 8, and May 9, 1997 (including the purported repeal of the ordinances and resolutions identified on Exhibit A to the agenda). 8. Agenda Item No. 12 pursuant to which the Board purported to repeal the resolutions indemnifying the members of the Board of Aldermen. 9. Agenda Item No. 13 pursuant to which the Board purported to repeal Ordinance No. 283. 10. Agenda Item No. 14 pursuant to which the Board purported to repeal Resolution No. 97-28. 11. Agenda Item No. 15 pursuant to which the Board purported to repeal Ordinance No. 284 and any predecessor ordinance changing the official boundary map adopted by Ordinance No. 253. 12 _-Agenda.Item:No.16 pursuant to which the Board purported to disapprove 'payment of Iegal fees approved by the Board on May 2, May 8 and -May. --9,1997. 13 Agenda Item No. 17 pursuant to which the Board purported to approve .. the�flayrrtof$5,343.75 to Boyle and Lowry, LLP. p�. .Lf - 1�4 enda Item:No.19 pursuant to which the Board -purported#cbange-the s�neeuig tune, for Board meetings to 7:30 P on eacl'Monday arthe T ann all ar meeting room close by. 15. Agenda Item No. 21 (mislabeled as Item No. 8 on the agenda) pursuant to which .the Board purported to (i) substitute Paul Ishan as the attorney for the TO in all pending litigation involving the Town and (u) authorize either Paul Ishan or Terry Morgan to take such action, as they deem necessary, to protect the legal interests and positions of the Town. Respectfully submitted, D e White, Mayor of Westlake NMI cc: Mr. Carroll Huntress P.O. Box 593 Roanoke, Texas 76262 Mr. Howard Dudley 1650 West Dove Road Westlake, Texas 76262 Mr. Fred Held 4105 Aspen Lane Westlake, Texas 76262 Charla Bradshaw, Esq. 1925 Pearson Lane North Westlake, Texas 76262 Mr. Abe Bush, Jr. 2220 North Pearson Lane Westlake, Texas 76262 Ms. Ginger. Crosswy City..of SoudAAe 1000 West Southlake Boulevard Southlake Texas 76092 Mr Bill-W-ood AitorneyatLaw W64--Ibacker & Weatherly 513-.W Oak Street Denton, Texas 76201 a