05282003 Regular Meeting - Laserfiche WebLink

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82. Regular Meeting May 28, 2003 Page 2 a Downtown representative, Mayor Habingreither moved to appoint Tom Kelsey as a Downtown representative and Mr. Mihalkanin moved to reappoint Ms. Narvaiz as a Council representative. On roll call the following vote was recorded: AYE: Narvaiz (on Giles and Kelsey), Thomaides, Mihalkanin, Habingreither, Taylor and Diaz. NAY: None. ABSTAIN: Narvaiz (on herself). Mayor Habingreither introduced for consideration one appointment to the Transportation Advisory Board. Mr. Thomaides stated he would prefer this appointment be rescheduled. Council agreed by consensus to reschedule this appointment. Mayor Habingreither introduced for consideration one appointment to the Capital Area Planning Council. Mayor Habingreither moved to appoint Mr. Thomaides. On roll call the following vote was recorded: AYE: Narvaiz, Mihalkanin, Habingreither, Taylor and Diaz. NAY: None. ABSTAIN: Thomaides. Mayor Habingreither introduced Item 32, a discussion regarding conflicts of interest regarding disannexation of Southwest San Marcos area. John Bennett stated he is an attorney here in San Marcos. He stated Mayor Habingreither asked him to come and speak regarding conflicts of interest which exist for those Council Members who live in the Southwest San Marcos area. He stated conflict of interest issues are governed in the Local Government Code, Section 171. He stated he feels this Section applies when an individual member owns property with a fair market value over $2,500.00. Section 171.004 is when a Council Member has interest and an affidavit must be filed prior to voting or considering an issue. He stated he feels a member does not need to abstain unless their real property has an effect on economic development. He stated it is the Council Member's decision on the value of their property. He also stated Donald Graham with the Hays County Appraisal District spoke before the Ethics Review Commission. Mr. Graham stated real property does not have a value difference in or out of the City. He stated based on the testimony of experts, he feels there is no conflict of interest. Mayor Habingreither introduced an Executive Session pursuant to the Government Code, Section 551.071, to seek the City Attorney's advice regarding pending litigation, contemplated litigation, a settlement offer, or a matter involving attorney-client privilege (W.C. Carson vs. City of San Marcos). Mr. Mihalkanin moved the Council adjourn into Executive