The Woodcreek City Council will file a mutual motion to dismiss with prejudice the lawsuit filed by Councilmember Brent Pulley against the now former mayor Gloria Whitehead in her official capacity as mayor.
The motion, once it is filed by both parties, will bring a close to the lawsuit without a judgement.
“The issues that caused the lawsuit to be filed have been resolved,” Pulley said. “Both parties agreed to dismiss the lawsuit. I think folks are happy about it, it is good for the city and gives us a chance for us to keep moving forward. In general, the open meetings act concerns and concerns about council people being able to submit agenda items as well the concern about first amendment rights have been addressed. No money exchanged hands. The city agreed to get back in compliance with the law.”
Filing the motion with prejudice means that the specific issues in the lawsuit could not be brought back to court in a future lawsuit.
Whitehead, along with former mayors Bill Scheel and Eric Eskelund, submitted a written public comment on multiple items on the agenda. The letter, which was read into the record during the meeting by Mayor Jeff Rasco, claimed that Rasco has “abdicated” his “exclusive responsibility” as mayor to create the agenda in the way that he has included city council members in the process calling it “legally questionable.” The letter continued on to object to the potential dismissal of the lawsuit stating that the city had spent “over $50,000.00 to defend lawful actions”
After reading the letter, Rasco stated that the way he is creating the agenda is “clearly within regulations of the Texas Open Meetings Act.”
“I happily accept the views of the former mayors, but I think there is misinformation,” Rasco said. “… The way we are doing the agendas, in an effort to increase efficiency, they were run by the city attorney and the city manager. Staff has worked extensively with them to make it work. Those forms come directly to me with copies only to the city manager, city secretary, (office) administrator and mayor pro tem. Those are the only people who see them. Everything else is clearly within the regulations of the Texas Open Meetings Act, and I just wanted to make that clear.”
Pulley, who is still on the council, abstained from voting on the motion. Councilmember Judy Brizendine voted against filing the motion to dismiss while council members Aurora LeBrun, Debra Hines and Chrys Grummert voted in favor of passing the motion.
The city also moved to send the potential ordinance requiring one-acre minimum lot sizes in the Brookmeadow area to the Planning and Zoning Commission. The committee would review the draft ordinance and make a recommendation to city council. Only then would the ordinance start the formal posting requirements and public hearing process.
The council established two committees during the meeting. A new Ordinance Review Committee was created as well as “Platinum Panel,” which would review and make recommendations on “street repair/reconstruction/maintenance, drainage, alternative modes of transportation, traffic calming options, possible funding mechanisms, and accepting applications.”
The city is accepting applications for both committees as well as the recently created Tree Board, the Parks and Recreation Board and Planning and Zoning Commission. Applications will be available on woodcreektx.gov under the “latest news” tab.
City Secretary Linda Land was recognized by the city after submitting her resignation. City Administrator Brenton Lewis was appointed to fill her role until a new city secretary is hired.
Also, expect more council meetings in the near future as opposed to only one meeting per month.
“As full as this agenda is, it did not include all of the agenda items that were submitted by council, and we’ve already added a couple more things onto the next agenda,” Mayor Jeff Rasco said. “We are going to keep having city council meetings on a regular basis until we get this done and maybe forever. There is a lot going on in our little town, and we need to solve some things. So I am proposing, at least for the foreseeable future, that we meet twice a month.”
