01262004 Regular Meeting - Laserfiche WebLink

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178. Regular Meeting January 26, 2004 Page 2 Clendennen stated she wished to speak on Item 18, an Ordinance prohibiting the placement of flyers on vehicles parked in the downtown area. She stated she cannot support this Ordinance because it only addresses the downtown area. 5) Charles Ruppert stated he is the Mayor of Cibolo, Texas. He stated he wished to speak on Item 9, a Resolution regarding emission reductions measures. He stated he feels the Council has received a lot of good information in their Workshop earlier this evening. He also stated he feels the inspection and maintenance program is an expensive way to reduce very little ozone. He encouraged the Council to not include the testing in their Early Action Compact. 6) Forrest Mims stated he wished to speak on Item 9, a Resolution regarding emission reductions measures. He stated he feels the inspection and maintenance program does not make sense. He encouraged the Council to not support the inspection and maintenance program. Mayor Habingreither introduced the Staff Report. 1) Mr. O'Leary stated the new utility billing software is up and working. Mayor Habingreither introduced for consideration approval of two appointments to the Airport Commission. There were no appointments made. The remaining appointments will be rescheduled. Mayor Habingreither introduced a discussion regarding whether an ethics' complaint should be referred by the City Council to the Hays County Criminal District Attorney's Office. Mayor Habingreither asked for this discussion to be delayed to another time. The Council agreed by consensus. Mayor Habingreither introduced a discussion regarding the Ethics Review Commission. Mr. Thomaides stated he wants to see the Ethics Ordinance strengthened. He stated he feels the Ethics Ordinance should include provision which automatically appoints an outside Attorney for ethic complaints against a Council Member or Appointees. Ms. Narvaiz stated she and Mr. Thomaides came up with language, which was used for the Municipal Judge in similar circumstances. Mr. Mark Taylor stated he has seen language in other City Ordinances to avoid ethical conflicts for City Attorneys. Mr. Mihalkanin stated he is in favor of the proposed amendment. He stated he feels this is not an issue of a complaint, but will be an automatic trigger when a complaint is filed. Mr. Diaz stated he agreed with the proposed amendment and feels this would be better for all parties involved. Mr. Montoya stated he does not see the need for appointing outside Counsel every time a complaint is filed. Mayor Habingreither stated he prefers the City Attorney handle all complaints filed, but feels this amendment is the right thing to do. Mr. Thomaides stated he also proposes another amendment which would restrict the communication between the two parties involved in the complaint once it is filed. Mr. Mihalkanin stated he fe~ls this would help protect the process and both parties involved in the complaint. Mr. Diaz stated he feels this amendment is fair to everyone who is involved in the complaint. Mr. Montoya stated he supports this amendment. Mayor Habingreither stated he would, like to have more time to think about these amendments. Mr. Thomaides stated he feels these amendments should be considered in an