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2010-11-29 CC Packet OFFICIAL RECORD t CITY OF L' SOUTHLAKE TEXAS SPECIAL CITY COUNCIL MEETING MINUTES: NOVEMBER 29, 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 City Council Chambers CITY COUNCIL PRESENT: Mayor John Terrell, Mayor Pro Tem Laura K. Hill, Deputy Mayor Pro Tem Brandon Bledsoe, and Councilmembers Carolyn Morris, Pamela A. Muller, Jeff Wang and Al Zito. CITY COUNCIL ABSENT: None. STAFF PRESENT: City Manager Shana Yelverton, Assistant City Manager / Director of Public Safety Jim Blagg, Director of Planning and Development Services Ken Baker, City Attorney E. Allen Taylor, and City Secretary Lori Payne. Agenda Item No. 1. Call to order. The special meeting was called to order by Mayor Terrell at 6:07 p.m. 1rr Agenda Item No. 2A. Executive Session. Mayor Terrell announced City Council would be going into Executive Session pursuant to the Texas Government Code, Section 551.071, consultation with the city attorney. City Council adjourned for Executive Session at 6:08 p.m. Executive Session began at 6:17 p.m. and ended at 10:22 p.m. Agenda Item No. 2B. Reconvene. Mayor Terrell reconvened the special meeting at 10:22 p.m. and asked if any action was necessary from Executive Session. No action was necessary. Agenda Item No. 3. Meeting adjourned. Mayor Terrell adjourned the special meeting at 10:22 p.m. *An audio recording of this meeting will be permanently retained in the City Secretary's Office. John Terrell Mayor ATTEST: • Lori Payne re--- 4y City Secretary L law SPECIAL CITY COUNCIL MEETING MINUTES, NOVEMBER 29, 2010 Page 1 of 1 LOG OF PROCEEDINGS ELECTRONICALLY RECORDED Description Special City Council meeting (110V Date 11/29/2010 Location Southlake Council Chambers Time Speaker Note • • 6...;p7:66 PM._.............._Mayor called the meeting to order 6 :08:04 P Mayor stated that tonight is an exec session only and Council will be going into exec session 6 :08:44 PM Mayor called an exec session 10:22:09 PM Mayor reconvened the meeting, no action was taken 10:22:21 PM Mayor adjourned meeting .0 ais as de r (or 11/30/10 12:42:49 1/1 [ . 6000 WESTERN PLACE,SUITE 200 Taylor Olson Adkins Sralla Elam TELEPHONE:(817)332-2580 1-30 AT BRYANT-IRVIN ROAD L.L.P. FREE:(HOOT 318-3400 FORT WORTH,TEXAS 76107-4654 FAcsE:(817)332-4740 EMAIL:TOASE@TOASE.COM Attorneys TOLL Counselors WEBSITE:\VWW.TOASE.COM Ly Iii E.ALLEN TAYLOR,JR. ataylor@toase.com P° 1 November 29, 2010 CONFIDENTIAL ATTORNEY/CLIENT PRIVILEGE r VIA HAND DELIVERY .hr Mayor and City Councilmembers City of Southlake 1400 Main Street iiii Southlake, Texas 76092 Re: Legality of Executive Session Posting Dear Mayor and Councilmembers: r ji, liow You have asked our office to review the executive session posting for the November 29, 2010,regular city council meeting. It is my understanding that the following executive session has r been posted for the requisite time: ilii- A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code,Sections 551.071,551.072,551.073,551.074,551.076,551.087, ii 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meetin2. tr 1. Section 551.071: Consultation with city attorney • a. Seek advice of the city attorney regarding the legal effect of Planning and Zoning Commission action on Agenda Item 5 at the r November 18, 2010 meeting in Case No. GAS 10-004; XTO Gas a Drilling and Production SUP Application. b. Seek advice of the city attorney regarding a recreational services P contract. i r c. Seek advice of the city attorney regarding the Open Meetings Act. d. Seek advice of the city attorney regarding the city's ethics ordinance. lir e. Seek advice of the city attorney regarding the appointment and service of members of city boards and commissions. f 6 November 29, 2010 Page 2 L Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. Jayson Steele vs. City of Southlake. August 2008. 2. Pending Public Information Act requests. 3. Texas Attorney General litigation defending the constitutionality of the Texas Open Meetings Act. 4. Legal issues regarding the Barnett Shale gas extraction and transportation. • ,r Section 551.072: Deliberation regarding real property The City Council may conduct a closed meeting to deliberate the purchase,exchange,lease or value of real property. l r Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective 1r gift or donation to the City. Section 551.074: Deliberation regarding personnel matters The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline,or dismissal ofpublic officers,including the City Manager,City Secretary,City Attorney, Municipal Judge and some city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. Under Attorney General opinions rendered in different contexts, the Attorney General has concluded that personnel discussions under this section must pertain to an individual, rather than a class of employees. Further, under Section 551.074, the city council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a city officer, including the city manager and city secretary. Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of it security personnel or devices. Section 551.087: Deliberation regarding economic development negotiations The City Council may discuss or deliberate regarding commercial or financial information received Nov from a business prospect that the city seeks to have locate, stay, or expand in or near the city and L • November 29, 2010 it Page 3 (1Iw which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response it providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, Or biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5)that relates to a terrorism-related report to an agency of the United States;6)that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7)that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety lliir The City Council may discuss emergency management plans involving pipeline safety and/or security ofpipeline infrastructures or facilities when those plans or discussions contain such sensitive information. The purpose of this letter is to provide an opinion whether the city council may legally discuss the above-referenced topics in executive session. Based upon the guidelines we have previously supplied the city council, and subject to the discussion below, we conclude that all the posted items fall within an exception to the Open Meetings Act, Government Code, Chapter 551. Therefore,discussion on these matters may legally occur in closed session. In addition,this opinion extends to any legal advice given to the council in executive session. If you have any additional questions or concerns, please feel free to contact our office. Sincerely, �1r E. Allen Taylor, EAT/ds f W:\Southlake\Letters\Mayor&CC Letters\11.29.10.EAT.wpd b L r . November 29, 2010 Page 4 cc: Ms. Shana Yelverton City of Southlake 1400 Main Street Suite 460 Southlake, Texas 76092 Ms. Lori Payne City of Southlake 1400 Main Street ffif Suite 270 Southlake, Texas 76092 e• S e S S goo iir W:\Southlake\Letters\Mayor&CC Letters\11.29.10.EAT.wpd 1`r 6 Y CITY OF (imor Ss SOUTHLAKE „, TEXAS SPECIAL CITY COUNCIL MEETING: NOVEMBER 29, 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 Council Chambers in Town Hall r r TIME: 5:30 P.M. 44. +ok 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076, 551.087, 418.183(f), and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071: Consultation with attorney 11' a) Seek advice of the city attorney regarding the legal effect of Planning and Zoning Commission action on Agenda Item 5 at the November 18, 2010 meeting in Case No. GAS10-004; XTO Gas Drilling and Production SUP Application. b) Seek advice of the city attorney regarding a recreational services contract. c) Seek advice of the city attorney regarding the Open Meetings Act. d) Seek advice of the city attorney regarding the city's ethics ordinance. et e) Seek advice of the city attorney regarding the appointment and service of members of city boards and commissions. B. Reconvene: Action necessary on items discussed in Executive Session. 3. Meeting adjourned. OP City of Southlake values: Integrity♦ Innovation ♦Accountability♦ Commitment to Excellence ♦ Teamwork I City of Southlake Special City Council meeting agenda November 29,2010 Page 2 of 4 to CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town 'it Hall, 1400 Main Street, Southlake, Texas, on Friday, November 24, 2010 by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. ``rrrrrarye rragetrrt jou: 0 4' A Lori Payne, TF 4C = t City Secretary =" If you plan to attend this pubrfo/cp§r 'aind have a disability that requires special needs, please advise the City Secretary's Office 48 hours in advance at 817-748-8016 and reasonable ri accommodations will be made to assist you. a 1111 a 1111.r 1r fr a a a L. City of Southlake values: Integrity• Innovation •Accountability♦ Commitment to Excellence ♦ Teamwork 4 rr. City of Southlake Special City Council meeting agenda November 29,2010 a� Page 3 of 4 EXECUTIVE SESSION di Section 551.071: Consultation with attorney The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigation, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. di This includes the following pending and/or contemplated litigation subjects: 1. Jayson Steele vs. City of Southlake. August 2008. 2. Pending Public Information Act requests. 3. Texas Attorney General litigation defending the constitutionality of the Texas Open Meetings Act. di 4. Legal issues regarding the Barnett Shale gas extraction and transportation. Section 551.072: Deliberation regarding real property The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. Section 551.073: Deliberation regarding prospective gift or donation The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. Iro Section 551.074: Deliberation regarding personnel matters di, The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, Municipal Judge and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. 14, sir Section 551.076: Deliberation regarding security devices The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. a Section 551.087: Deliberation regarding economic development negotiations 1.0 The City Council may discuss or deliberate regarding commercial or financial information received from a business prospect that the city seeks to have locate, stay, or expand in or near the city and which the City is conducting economic development negotiations; or to deliberate the offer of a financial or other incentive to a business prospect as described above. 1 City of Southlake values: Integrity♦ Innovation •Accountability• Commitment to Excellence ♦ Teamwork • City of Southlake Special City Council meeting agenda November 29,2010 Page 4 of 4 IS Section 418.183(f): Texas Disaster Act The City Council may deliberate information: 1) for purposes of preventing, investigating, or responding to an act of terrorism or related criminal activity and involving emergency response providers, their staffing, contact information and tactical plans; 2) that relates to the risk or vulnerability of persons or property, including ""' infrastructure, to an act of terrorism; 3) that relates to the assembly of an explosive weapon, the location of a material that may be used in a chemical, biological or radioactive weapon, or unpublished information pertaining to vaccines or devices to detect biological agents or toxins; 4) that relates to details of the encryption codes or security keys for a public communication system; 5) that relates to a terrorism-related report to an agency of the United States; 6) that relates to technical details of particular vulnerabilities of critical infrastructure to an act of terrorism; 7) that relates to information regarding security measures or security systems intended to protect public and private property from an act of terrorism. The Texas Disaster Act specifically requires that a "a tape recording of the closed meeting be made. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline safety The City Council may discuss emergency management plans involving pipeline safety and/or security of pipeline infrastructures or facilities when those plans or discussions di contain such sensitive information. voit lb NNW • I e f City of Southlake values: Integrity♦ Innovation • Accountability♦ Commitment to Excellence ♦ Teamwork r L.