The URL can be used to link to this page

Home My WebLink AboutCC Minutes 2006-04-28 Special 4/28/06 2478 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( APRIL 28, 2006 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, APRIL 28, 2006, AT 4:00 PM AT THE FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR KIMBALL BRIZENDINE MAYOR PRO-TEM DAVID SMITH COUNCILMEMBER LAURA EWING COUNCILMEMBER JOHN LECOUR COUNCILMEMBER TRACY GOZA COUNCILMEMBER CHRIS PEDEN COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON ACTING CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE Mayor Brizendine called the meeting to order. 4:00 PM —CLOSED EXECUTIVE SESSION Councilmember Smith recused himself from the Executive Session. Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071 — Consultation with Attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the Attorney requires it and Section 551.074— Personnel Matters. RECONVENE INTO SPECIAL SESSION COMMUNICATIONS FROM THE PUBLIC Mr. William Pope, 1109 Tall Pines Drive, addressed Council on behalf of Troy Hopkins, read a prepared statement from Mr. Hopkins, and stated he has gotten to know Mr. Hopkins these last few weeks, respects Troy's sincerity and true passion to do the right thing for the greater good, stated some candidates don't have anything to stand for, only negative, stated he is a homeowner, parent, professional, and business owner, wonders how some sleep at night knowing they are playing games with peoples' lives and futures. Ms. Ruth Pifer, 504 Old Course, asked Tracy Goza why he was included in the investigation discussion regarding Councilmember Smith, when running for same position, may be a conflict of interest? Fred Krch, 304 Dawn, read a verse from the bible, stated the City is spending a lot of money for legal fees for an investigation, if this had not happened, the City would not be spending money. Lonnie Moffitt, 1205 Edgewood, 25/26 year resident, read a prepared statement regarding the spirit of volunteerism in the City. Cyndi Bohannon, 2102 McKissick Drive, read a prepared statement regarding partisan politics in the City. 4/28/06 2479 Jim Hill, 2404 S. Friendswood Drive, spoke regarding the recent Special Council Meeting, stated these are difficult times for everyone, commented that when a citizen asked that Council speak up, Mayor stated they are visitors, does not agree and believes Mayor Brizendine owes Mr. Krch an apology for his comment. Lorna Zeitler, 304 Friends Knoll, stated this is a politically motivated witch-hunt, and read a prepared statement regarding the allegations against Mayoral candidate David Smith, and commented on resident Don Beeth's political involvement. Don Seyfert, 2304 Old Road, resident for 6 years, listened to comments regarding the investigation, but did not plan to speak, a few policemen may understand about complaints, but a typical citizen won't know how a spouse will feel if find out that city officials have been working for over a year for eminent domain, and that the City Manager Ron Cox knew about this, in Austin certain officials were not involved, Goza, LeCour, and Peden were not involved, stated he could provide a CD that will prove this. Don Beeth, 5303 Whittier Oaks, stated he is not running for any office, not a candidate, not as powerful as made out tonight, sorry the public is demonizing him, and stated he is a volunteer as Don Seyfert is. ACTION ITEMS **Councilmember Peden moved to not take any disciplinary action against David Smith relating to charges of violation under City Charter Section 4.06(c). Seconded by Councilmember Measeles. Mayor Brizendine made a statement regarding the investigation regarding the allegations made by citizen Don Beeth, and stated the full report by independent law firm Abrams, Scott & Bickley will be available to the public and read the conclusion that was found by the attorneys of the firm, and stated Council accepted the findings as such. Councilmember Measeles stated he spent many hours reviewing this issue, and that it boiled down to the question of whether it was a "willful" attempt to circumvent the law, stated he has read the conclusion based on attorney findings and stated he concurs with the findings. Councilmember Peden thanked everyone for spending Friday evening attending this lengthy meeting, stated he would try to articulate why the motion was made to accept the attorneys' findings, Council had the obligation to look at charges, does not agree with all of the statements of the attorney, huge, huge ambiguity of the Charter, can not tell if it is a violation, citizens may not agree, do not believe a violation occurred by either of these people. Councilmember Goza stated he agrees with the findings by the Attorneys regarding the investigation and stated the reason he did not recuse himself from this meeting is that as an elected official, it is his responsibility to serve, and stated he felt the attorneys gave a quick clean answer. Councilmember LeCour, stated he was elected to uphold the law, and is a volunteer of this City, stated he comes under these laws as well, needs to be diligent of obeying these laws, also a volunteer non-profit organization, has strict laws to obey those laws, should be a separation of non-profit and public and made decision on rule of law, made decision based on attorneys have come to the conclusion that Mayor Pro- Tem Smith is innocent of violations and Dr. Hillenburg is not guilty as written, many holes in Ethics Ordinance, recommendation that we review this Ordinance at a later time, and stated he does not recall anyone coming forward to say this is not right, hopes to get more input later. Councilmember Ewing stated she agrees with Councilmember LeCour's statement, based on statements heard that found Mayor Pro-Tem and Hillenburg innocent, and believes David Smith made a innocent mistake. 4/28/06 2480 Mayor Brizendine responded to Councilmember Goza on this issue, that having an outside investigation is the right and statesmanship thing to do, independent attorney removed politics, got a clean opinion, no doubt mistakes were made, comes down to willful intent and do not believe these are enforceable, came down that this Council learned a lot, painful experience, learned that committees need more training, more information, very difficult process for lay people like us to understand, more clarity, will dedicate more time to that end, also believe that both parties have not violated the law, for a lot of reasons, it is defensible, have to be grounded in the laws of the land, to be quite honest to you, after hearing comprehensive report, could not have done anything else, more cost involved, will vote in support of non disciplinary action. Councilmember Peden clarified his position, came to same opinion with different avenue, way Charter is written not a violation to receive a contribution, Charter silent, point of law Mayor Pro-Tem did not violate charter, Dr. Hillenburg, attorneys could not give definitive that she is a City Official, how could Dr. Hillenburg, clearly say she did not believe she was a City officer, in his mind no violation of Charter or Ordinance. Councilmember LeCour referred to the conclusion by the outside counsel, spoke about the statement made that this complaint is without merit, stated the Charter is very confusing, stated if Council spent about 3'/2 hours beating their heads trying to understand, it is so confusing, an appointed official certainly could not understand it, disagrees without merit, this complaint does have merit. ***The motion to not take disciplinary action against Mayor Pro-Tem David Smith relating to charges under City Charter Section 4.06 (c)was approved 6-0. Councilmember Smith recused himself. "*Councilmember LeCour moved to approve adding all candidates who have filed for office in the May 13, 2006 election to the current investigation. Seconded by Mayor Brizendine. The motion failed 6-0. Councilmember Goza recused himself. **Councilmember Measeles moved to approve developing criteria to review all candidates who have filed for office in the May 13, 2006 election. Seconded by Councilmember Smith. The motion failed 1-5 with Mayor Brizendine and Councilmembers Ewing, LeCour, Smith and Peden opposed, and Councilmember Goza recusing himself. A motion was made and approved to adjourn at 8:32 PM. Ct/ yor Kimball W. Brizendine Attest: � � �oF F a1Ep�$� � tl v ov Deloris McKenzie, TRM City Secretary '� * a,,'�� +�„