Title
Minutes of the November 1, 2021 Meeting
Body
MINUTES OF THE OPEN GOVERNMENT COMMISSION MEETING
MONDAY - - - NOVEMBER 1, 2021 - - - 7:00 P.M.
Chair Tilos convened the meeting at 7:06 p.m.
ROLL CALL - Present: Commissioners Chen, LoPilato, Montgomery, Reid, Shabazz and Chair Tilos - 5. [Note: The meeting was conducted via Zoom.]
Absent: None.
[Staff present: Chief Assistant City Attorney Elizabeth Mackenzie; City Clerk Lara Weisiger]
NON-AGENDA PUBLIC COMMENT
None.
COMPLAINT HEARINGS
3-A. Hearing on Sunshine Ordinance Complaint Filed on September 21, 2021
Dorothy Freeman, Complainant, and Paul Foreman gave an Opening Statement and Presentation of Facts.
Bradford Kuhn, Nossaman, City/Respondent, gave an Opening Statement and Presentation of Facts.
Mr. Foreman gave a Reply to the City/Respondent Opening Statement and Presentation of Facts.
Commissioner LoPilato inquired whether correspondence was submitted for the September 7, 2021 Closed Session; stated a written submission encouraged purchase of the entire 2.8 acres.
Ms. Freeman responded in the affirmative; stated that she probably made a statement; she has made so many that she cannot remember.
Commissioner LoPilato inquired whether the term "pre-development agreement" is a technical term.
Mr. Foreman responded in the negative; stated legally, there is no such thing as a pre-development agreement; a City ordinance states what has to go in to a Development Agreement (DA); two or three of the terms in the Settlement Agreement (SA) would also be in a DA.
Commissioner LoPilato inquired how an eminent domain proceeding can be resolved via settlement if certain segments have to be discussed in open session.
Mr. Foreman responded the actual negotiation has to be done in Closed Session; stated once negotiations are completed, the City Attorney could simply ask to present the SA at an open meeting of the City Council for consideration and public input; if it is not accepted, it would start ov...
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